Australian Capital Television Pty Ltd v The Commonwealth [1992] HCA 45

High Court of Australia Mason C.J. Brennan, Deane, Dawson, Toohey, Gaudron and McHugh JJ. Australian Capital Television Pty Ltd v The Commonwealth [1992] HCA 45

ORDER Order in Matter No. S5 of 1992 Demurrer overruled with costs. Order in Matter No. S6 of 1992 First paragraph of the demurrer of the first defendant overruled with costs.

Cur. adv. vult.

The Court made the following orders and stated that reasons for judgment would be published in due course:—

The following written reasons for judgment were published:—

1992, Aug. 28 Mason C.J., Brennan, Deane, Dawson, Toohey, Gaudron and McHugh JJ.

Australian Capital Television Pty. Ltd. v. The Commonwealth

Demurrer overruled with costs.

New South Wales v. The Commonwealth

First paragraph of the demurrer of the first defendant overruled with costs.

Sept. 30 Mason C.J.

In each action the Commonwealth has demurred to the statement of claim of the plaintiff or plaintiffs. In each action declarations are sought that Pt IIID of the Broadcasting Act 1942 (Cth) ("the Act") is invalid. In the first action, the plaintiffs, who are commercial television broadcasters holding commercial television licences and licence warrants under the Act, seek in the alternative a declaration that s. 95D and ss. 95B, 95C, 95E, 95Q and 95S of the Act in their application to a broadcaster who is a licensee are invalid. In the second action, the State of New South Wales seeks a second declaration, namely, that Pt IIID of the Act does not apply to Parliamentary by-elections.

Part IIID of the Act was introduced into the Act by the Political Broadcasts and Political Disclosures Act 1991 (Cth). As its heading "Political Broadcasts" signifies, the Part is designed to establish a regulatory regime governing the broadcasting on television and radio of political advertisements and other matter. There are a number of elements in the regulatory scheme.