Project Blue Sky Inc & Ors v Australian Broadcasting Authority [1996] FCA 660

Project Blue Sky Inc & Ors v Australian Broadcasting Authority [1996] FCA 660

The Australian Broadcasting Authority was not empowered to define an Australian person or Australian program as including a New Zealand person or program, but it could have determined an Australian content standard that reduced Australian content obligations to the extent New Zealand programs were broadcast. Because means existed to implement both the Broadcasting Services Act 1992 (Cth) and the Protocol, and there was no evidence that such a standard would frustrate the statutory object, the Authority failed to comply with s.160(d) and s.122(4) of the Act.

Jurisdiction
Australia
Judgment Date
02 August 1996
Procedural Posture
Proceeding Seeking a Declaration That the Australian Content Standard Issued by the Australian Broadcasting Authority Is Invalid / Commenced in the High Court of Australia Under S.75(iii) of the Constitution, Remitted to the Federal Court, Reasons Delivered With the Matter Adjourned for Further Hearing on the Form of Orders
Outcome
The Court expressed its view that the Australian Broadcasting Authority failed to comply with its statutory obligations, made no formal order at that stage, and adjourned the matter for further hearing on the nature and form of orders.
Legal Topics
['validity of Broadcasting Program Standards' 'australian Content Standards' 'statutory Functions of the Australian Broadcasting Authority' 'consistency With International Obligations' 'australia New Zealand Closer Economic Relations Trade Agreement Protocol on Trade in Services']
['administrative Law' 'broadcasting Law' 'international Trade Law'] ['validity of Broadcasting Program Standards' 'australian Content Standards' 'statutory Functions of the Australian Broadcasting Authority' 'consistency With International Obligations' 'australia New Zealand Closer Economic Relations Trade Agreement Protocol on Trade in Services']

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Procedural Posture

Proceeding Seeking a Declaration That the Australian Content Standard Issued by the Australian Broadcasting Authority Is Invalid / Commenced in the High Court of Australia Under S.75(iii) of the Constitution, Remitted to the Federal Court, Reasons Delivered With the Matter Adjourned for Further Hearing on the Form of Orders

Legal Issues

  1. 1 ['Whether the Australian Content Standard issued by the Australian Broadcasting Authority on 15 December 1995 was invalid for failure to comply with the Broadcasting Services Act 1992 (Cth).' "Whether the Australian Broadcasting Authority performed its functions in a manner consistent with Australia's obligations under the Protocol on Trade in Services to the Australia New Zealand Closer Economic Relations - Trade Agreement." 'Whether the Broadcasting Services Act 1992 (Cth) permitted a standard concerning Australian content that did not disadvantage New Zealand programs by comparison with Australian programs.']

Ratio Decidendi

The Australian Broadcasting Authority was not empowered to define an Australian person or Australian program as including a New Zealand person or program, but it could have determined an Australian content standard that reduced Australian content obligations to the extent New Zealand programs were broadcast. Because means existed to implement both the Broadcasting Services Act 1992 (Cth) and the Protocol, and there was no evidence that such a standard would frustrate the statutory object, the Authority failed to comply with s.160(d) and s.122(4) of the Act.

Court Disposition

The Court expressed its view that the Australian Broadcasting Authority failed to comply with its statutory obligations, made no formal order at that stage, and adjourned the matter for further hearing on the nature and form of orders.

Orders

  • ['The matter be adjourned to a date to be fixed for further hearing.']