Herald & Weekly Times Ltd v Commonwealth [1966] HCA 78

Herald & Weekly Times Ltd v Commonwealth [1966] HCA 78

Div. 3 of Pt IV of the Broadcasting and Television Act 1942-1965 Cth was valid because its provisions formed part of a legislative scheme regulating commercial television licences and insulating the ownership, control and management of television services from potential influence associated with other licences. The provisions had a sufficient connection with television services under s. 51 (v.) of the Constitution, and their breadth, remoteness in some applications, or possible unreasonable operation did not deny their constitutional character as laws with respect to television services.

Jurisdiction
Australia
Procedural Posture
Constitutional Challenge to Validity of Commonwealth Broadcasting and Television Legislation / Demurrer to Statement of Claim
Outcome
Demurrer allowed; judgment entered for the defendant with costs.
Legal Topics
['s. 51 (v.) of the Constitution' 'commercial Television Station Licences' 'limitation of Ownership or Control of Commercial Television Stations' 'prescribed Interests in Television Licences' 'commonwealth Legislative Power']
['constitutional Law' 'broadcasting and Television' 'licensing Law'] ['s. 51 (v.) of the Constitution' 'commercial Television Station Licences' 'limitation of Ownership or Control of Commercial Television Stations' 'prescribed Interests in Television Licences' 'commonwealth Legislative Power']

Case Brief

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Procedural Posture

Constitutional Challenge to Validity of Commonwealth Broadcasting and Television Legislation / Demurrer to Statement of Claim

Legal Issues

  1. 1 ['Whether Div. 3 of Pt IV of the Broadcasting and Television Act 1942-1965 Cth was supported by Commonwealth legislative power under s. 51 (v.) of the Constitution.' 'Whether provisions limiting ownership, interests, directorships and control relating to commercial television licences were laws with respect to television services.' 'Whether provisions applying to persons who were not licence holders, including provisions using statutory deeming and extended concepts of prescribed interest or control, had a sufficient connection with television services.']

Ratio Decidendi

Div. 3 of Pt IV of the Broadcasting and Television Act 1942-1965 Cth was valid because its provisions formed part of a legislative scheme regulating commercial television licences and insulating the ownership, control and management of television services from potential influence associated with other licences. The provisions had a sufficient connection with television services under s. 51 (v.) of the Constitution, and their breadth, remoteness in some applications, or possible unreasonable operation did not deny their constitutional character as laws with respect to television services.

Court Disposition

Demurrer allowed; judgment entered for the defendant with costs.

Orders

  • ['Demurrer allowed.' 'Order that judgment in the action be entered for the defendant with costs.']