Herald-Sun TV Pty Ltd & Ors v Australian Broadcasting Tribunal [1984] FCA 204

Herald-Sun TV Pty Ltd & Ors v Australian Broadcasting Tribunal [1984] FCA 204

The power given to the Tribunal to determine 'standards' under s 16(1)(d) of the Broadcasting and Television Act is sufficiently broad to allow the use of qualitative or subjective criteria and preclassification of programs, as these measures serve the public interest purpose of the Act and are not inconsistent with the statutory scheme. The challenged provisions are not ultra vires or invalid.

Parties
Applicants: Herald-Sun TV Pty Limited & Ors; Respondent: Australian Broadcasting Tribunal
Jurisdiction
Australia
Judgment Date
19 July 1984
Procedural Posture
Application for Judicial Review / Judgment on Validity of Administrative Standards and Interim Relief
Outcome
Application dismissed
Legal Topics
Meaning of 'standards' Under Broadcasting and Television Act, Subjectivity in Administrative Standards, Preclassification of Television Programs, Judicial Review Under ADJR Act, Discretion on Interim Relief
Administrative Law Broadcasting Law Meaning of 'standards' Under Broadcasting and Television Act Subjectivity in Administrative Standards Preclassification of Television Programs Judicial Review Under ADJR Act Discretion on Interim Relief

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Parties

Herald-Sun TV Pty Limited & Ors

Applicants

Australian Broadcasting Tribunal

Respondent

Procedural Posture

Application for Judicial Review / Judgment on Validity of Administrative Standards and Interim Relief

Legal Issues

  1. 1 Whether the Children's Television Standards set by the Tribunal are invalid for relying on subjective criteria
  2. 2 Whether the requirement of preclassification of programs by the Tribunal exceeds the Tribunal's power to determine 'standards' under s 16(1)(d) of the Broadcasting and Television Act

Ratio Decidendi

The power given to the Tribunal to determine 'standards' under s 16(1)(d) of the Broadcasting and Television Act is sufficiently broad to allow the use of qualitative or subjective criteria and preclassification of programs, as these measures serve the public interest purpose of the Act and are not inconsistent with the statutory scheme. The challenged provisions are not ultra vires or invalid.

Court Disposition

Application dismissed

Orders

  • Application dismissed
  • Applicants to pay the costs of the respondent