Commercial Radio Coffs Harbour Ltd v Fuller [1986] HCA 42

Commercial Radio Coffs Harbour Ltd v Fuller [1986] HCA 42

The Broadcasting and Television Act 1942 (Cth) does not confer an absolute right or positive authority to broadcast immune from State laws. Compliance with licence conditions under the Commonwealth Act does not require contravention of State environmental planning laws; the two legislative schemes can coexist. There is no statutory inconsistency under s.109 of the Constitution between the relevant provisions of the Commonwealth Act and the State legislation.

Jurisdiction
Australia
Procedural Posture
Cause Removed / Question of Statutory Inconsistency Under S. 40(1) Judiciary Act
Outcome
No inconsistency between Commonwealth and State Acts; question answered in the negative.
Legal Topics
['statutory Inconsistency' 'broadcasting Licensing' 'environmental Planning' 'operation of Commonwealth and State Laws']
['constitutional Law' 'administrative Law'] ['statutory Inconsistency' 'broadcasting Licensing' 'environmental Planning' 'operation of Commonwealth and State Laws']

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Procedural Posture

Cause Removed / Question of Statutory Inconsistency Under S. 40(1) Judiciary Act

Legal Issues

  1. 1 ['Whether there is an inconsistency within the meaning of s. 109 of the Constitution between the Broadcasting and Television Act 1942 (Cth) and relevant provisions of the Environmental Planning and Assessment Act 1979 (NSW), Height of Buildings Act 1912 (NSW), and Land and Environment Court Act 1979 (NSW)']

Ratio Decidendi

The Broadcasting and Television Act 1942 (Cth) does not confer an absolute right or positive authority to broadcast immune from State laws. Compliance with licence conditions under the Commonwealth Act does not require contravention of State environmental planning laws; the two legislative schemes can coexist. There is no statutory inconsistency under s.109 of the Constitution between the relevant provisions of the Commonwealth Act and the State legislation.

Court Disposition

No inconsistency between Commonwealth and State Acts; question answered in the negative.

Orders

  • ['So much of the cause as was removed into this Court be remitted to the Land and Environment Court of New South Wales.' 'The applicant pay the cost of proceedings in this Court.']