Australasian Performing Rights Association Ltd & Re: Australian Broadcasting Commission [1982] ACOPYT 2

Australasian Performing Rights Association Ltd & Re: Australian Broadcasting Commission [1982] ACOPYT 2

The Australian Broadcasting Commission, established under the Broadcasting and Television Act, is not an instrumentality or agency of the Commonwealth for the purposes of s183 of the Copyright Act; it operates as an independent statutory corporation with significant autonomy, notwithstanding ministerial powers and public funding.

Parties
Referring Party: Australasian Performing Rights Association Limited; Respondent: Australian Broadcasting Commission
Jurisdiction
Australia
Judgment Date
11 June 1982
Procedural Posture
Reference to Copyright Tribunal / Hearing of Preliminary Objection to Jurisdiction
Outcome
Preliminary objection dismissed (subject to further determination); matter adjourned to a date to be fixed to allow parties to consider reasons.
Legal Topics
Copyright Tribunal Jurisdiction, Statutory Interpretation, Instrumentality of the Commonwealth, Broadcasting and Television Act
Copyright Law Copyright Tribunal Jurisdiction Statutory Interpretation Instrumentality of the Commonwealth Broadcasting and Television Act

Case Brief

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Parties

Australasian Performing Rights Association Limited

Referring Party

Australian Broadcasting Commission

Respondent

Procedural Posture

Reference to Copyright Tribunal / Hearing of Preliminary Objection to Jurisdiction

Legal Issues

  1. 1 Whether the Australian Broadcasting Commission is an instrumentality or agency of the Crown in right of the Commonwealth under s183 of the Copyright Act
  2. 2 Whether the Copyright Tribunal has jurisdiction under s154 in relation to APRA's licence scheme
  3. 3 Interpretation of relevant provisions of the Broadcasting and Television Act and Copyright Act

Ratio Decidendi

The Australian Broadcasting Commission, established under the Broadcasting and Television Act, is not an instrumentality or agency of the Commonwealth for the purposes of s183 of the Copyright Act; it operates as an independent statutory corporation with significant autonomy, notwithstanding ministerial powers and public funding.

Court Disposition

Preliminary objection dismissed (subject to further determination); matter adjourned to a date to be fixed to allow parties to consider reasons.