SAT FM Pty Ltd v Australian Broadcasting Authority [1997] FCA 647

SAT FM Pty Ltd v Australian Broadcasting Authority [1997] FCA 647

Viewed as part of the Kalgoorlie licence area plan, the decision that no additional commercial FM radio broadcasting services would be made available was not of an administrative character. A licence area plan under s26 of the Broadcasting Services Act 1992 creates rules of general application, is subject to Gazette notification, wide public consultation and broad policy considerations, may be varied in a manner analogous to legislative amendment, is not subject to executive variation or control once made, is not included among AAT-reviewable decisions under s204, and has binding statutory carry-on effects. The ADJR Act therefore did not apply and the application was incompetent.

Jurisdiction
Australia
Judgment Date
18 July 1997
Procedural Posture
Application for Judicial Review Under the Administrative Decisions (judicial Review) Act 1977 / Objection to Competency of the Application
Outcome
Objection to competency upheld; application dismissed with costs.
Legal Topics
['administrative or Legislative Character of Decision' 'licence Area Plans' 'broadcasting Services Bands' 'adjr Act Reviewability']
['administrative Law' 'broadcasting Law'] ['administrative or Legislative Character of Decision' 'licence Area Plans' 'broadcasting Services Bands' 'adjr Act Reviewability']

Case Brief

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Procedural Posture

Application for Judicial Review Under the Administrative Decisions (judicial Review) Act 1977 / Objection to Competency of the Application

Legal Issues

  1. 1 ["Whether the Australian Broadcasting Authority's decision, as part of the Kalgoorlie licence area plan under s26 of the Broadcasting Services Act 1992, that no additional commercial FM radio broadcasting services would be made available in the Kalgoorlie licence area was a decision of administrative character reviewable under the Administrative Decisions (Judicial Review) Act 1977."]

Ratio Decidendi

Viewed as part of the Kalgoorlie licence area plan, the decision that no additional commercial FM radio broadcasting services would be made available was not of an administrative character. A licence area plan under s26 of the Broadcasting Services Act 1992 creates rules of general application, is subject to Gazette notification, wide public consultation and broad policy considerations, may be varied in a manner analogous to legislative amendment, is not subject to executive variation or control once made, is not included among AAT-reviewable decisions under s204, and has binding statutory carry-on effects. The ADJR Act therefore did not apply and the application was incompetent.

Court Disposition

Objection to competency upheld; application dismissed with costs.

Orders

  • ['The objection to competency be upheld.' 'The application be dismissed.' "The applicant pay the respondent's taxed costs of the application and objection."]