Macquarie Media Holdings Ltd v Australian Communications and Media Authority [2008] FCA 1711

Macquarie Media Holdings Ltd v Australian Communications and Media Authority [2008] FCA 1711

Section 73A is drafted to focus on each particular person who was in a position to exercise control of the s 38B licence at the time it was allocated, and to confer immunity only while that person remains in that position. It does not indirectly extend immunity to upstream controllers who acquired their controlling interest after allocation of the s 38B licence. The applicants therefore were not entitled to the claimed immunity, and the respondent's construction of s 73A was accepted.

Jurisdiction
Australia
Judgment Date
14 November 2008
Procedural Posture
Application Under S 39 B of the Judiciary Act 1903 (cth) Challenging the Australian Communications and Media Authority's View of the Broadcasting Services Act 1992 (cth) Control Provisions / Reasons for Judgment and Final Orders
Outcome
The application was dismissed with costs.
Legal Topics
['broadcasting Services Act 1992 (cth)' 'commercial Television Broadcasting Licences' 'control of Broadcasting Licences' 'additional Licences Under S 38 B' 'immunity From Control Rules Under S 73 A' 'upstream Controllers']
['administrative Law' 'broadcasting Law' 'statutory Interpretation'] ['broadcasting Services Act 1992 (cth)' 'commercial Television Broadcasting Licences' 'control of Broadcasting Licences' 'additional Licences Under S 38 B' 'immunity From Control Rules Under S 73 A' 'upstream Controllers']

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Procedural Posture

Application Under S 39 B of the Judiciary Act 1903 (cth) Challenging the Australian Communications and Media Authority's View of the Broadcasting Services Act 1992 (cth) Control Provisions / Reasons for Judgment and Final Orders

Legal Issues

  1. 1 ['Whether s 73A of the Broadcasting Services Act 1992 (Cth) immunises upstream holders of an interest in a company that is an existing licensee which acquired, or acquired an interest in, a licence allocated under s 38B.' 'Whether s 73A immunises upstream holders from provisions proscribing control of more than one licence where the upstream holders acquired the relevant interest after the s 38B licence was first allocated.']

Ratio Decidendi

Section 73A is drafted to focus on each particular person who was in a position to exercise control of the s 38B licence at the time it was allocated, and to confer immunity only while that person remains in that position. It does not indirectly extend immunity to upstream controllers who acquired their controlling interest after allocation of the s 38B licence. The applicants therefore were not entitled to the claimed immunity, and the respondent's construction of s 73A was accepted.

Court Disposition

The application was dismissed with costs.

Orders

  • ['The application be dismissed.' "The applicants pay the respondent's costs of the application."]