Canberra & District Racing & Sporting Broadcasters Ltd v. Canberra Stereo Public Radio Inc. & Anor [1985] FCA 522

Canberra & District Racing & Sporting Broadcasters Ltd v. Canberra Stereo Public Radio Inc. & Anor [1985] FCA 522

Sub-section 81(4) of the Broadcasting and Television Act 1942 does not render Canberra and District Racing and Sporting Broadcasters Limited ineligible for a public broadcasting licence, as the company's objects do not include acquisition of profit or gain by it for the benefit of its individual members; indirect benefits to member clubs from the company's broadcasting activities are not prohibited by the section.

Parties
Appellant: Canberra and District Racing and Sporting Broadcasters Limited; First Respondent: Canberra Stereo Public Radio Inc.; Second Respondent: Australian Broadcasting Tribunal
Jurisdiction
Australia
Judgment Date
16 October 1985
Procedural Posture
Appeal / Full Court Appeal From Single Judge Decision
Outcome
Appeal allowed
Legal Topics
Eligibility for Broadcasting Licence, Interpretation of 'objects' Under Broadcasting and Television Act, Non Commercial Broadcasting Context
Administrative Law Broadcasting Law Statutory Interpretation Eligibility for Broadcasting Licence Interpretation of 'objects' Under Broadcasting and Television Act Non Commercial Broadcasting Context

Case Brief

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Parties

Canberra and District Racing and Sporting Broadcasters Limited

Appellant

Canberra Stereo Public Radio Inc.

First Respondent

Australian Broadcasting Tribunal

Second Respondent

Procedural Posture

Appeal / Full Court Appeal From Single Judge Decision

Legal Issues

  1. 1 Whether the prohibition in sub-section 81(4) of the Broadcasting and Television Act 1942 renders Canberra and District Racing and Sporting Broadcasters Limited ineligible for a public broadcasting licence
  2. 2 Whether 'objects' in sub-section 81(4) are confined to those stated in the memorandum of association or include actual/proposed purposes
  3. 3 Whether the applicant company's purpose to benefit its members constitutes acquisition of profit or gain for their benefit under the Act

Ratio Decidendi

Sub-section 81(4) of the Broadcasting and Television Act 1942 does not render Canberra and District Racing and Sporting Broadcasters Limited ineligible for a public broadcasting licence, as the company's objects do not include acquisition of profit or gain by it for the benefit of its individual members; indirect benefits to member clubs from the company's broadcasting activities are not prohibited by the section.

Court Disposition

Appeal allowed

Orders

  • The appeal be allowed.
  • Orders made by the single judge are set aside.