Amalgamated Television Services Pty Ltd & Ors v The Minister of State for Communications [1982] FCA 276

Amalgamated Television Services Pty Ltd & Ors v The Minister of State for Communications [1982] FCA 276

On its proper construction, the Board's 1976 determination applied to both metropolitan broadcasting and television stations, thus constituting a determination under both s 105AB(1) and (2). The Minister's 1980 determination was a valid variation of the earlier Board determination. The application was therefore dismissed.

Parties
First Applicant: Amalgamated Television Services Pty Limited; Second Applicant: TCN Channel Nine Pty Limited; Third Applicant: United Telecasters Sydney Limited; Respondent: The Minister of State for Communications
Jurisdiction
Australia
Judgment Date
16 December 1982
Procedural Posture
Application for Judicial Review / Final Judgment
Outcome
Application dismissed
Legal Topics
Statutory Interpretation, Administrative Decisions, Broadcasting Regulation
Administrative Law Statutory Interpretation Administrative Decisions Broadcasting Regulation

Case Brief

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Parties

Amalgamated Television Services Pty Limited

First Applicant

TCN Channel Nine Pty Limited

Second Applicant

United Telecasters Sydney Limited

Third Applicant

The Minister of State for Communications

Respondent

Procedural Posture

Application for Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Australian Broadcasting Control Board determined the areas appropriate to be served by Sydney metropolitan television stations under s 105AB(2) of the Broadcasting and Television Act 1942
  2. 2 Whether the Minister's later determination was a variation under s 105AB(3) or a fresh determination under s 105AB(2)
  3. 3 Whether the determinations were valid

Ratio Decidendi

On its proper construction, the Board's 1976 determination applied to both metropolitan broadcasting and television stations, thus constituting a determination under both s 105AB(1) and (2). The Minister's 1980 determination was a valid variation of the earlier Board determination. The application was therefore dismissed.

Court Disposition

Application dismissed

Orders

  • The application be dismissed.
  • There be no order as to costs.