Australian Broadcasting Tribunal v Bond

The Australian Broadcasting Tribunal appealed to the High Court of Australia against a decision of the Full Court of the Federal Court. The dispute concerned the Tribunal's power to suspend or revoke a commercial broadcasting licence under section 88 of the Broadcasting Act 1942 (Cth) if it was satisfied that the licensee was no longer a fit and proper person to hold the licence. The core of the matter was whether the conduct of a controller of the licensee, occurring before the commencement of the licence period, could render the licensee unfit and improper.

The High Court was required to determine, among other things, the ambit of judicial review under the Administrative Decisions (Judicial Review) Act 1977 (Cth), specifically whether conduct engaged in for the purpose of making a decision, as well as the decision itself, were amenable to review. It also had to consider the proper interpretation of section 88 of the Broadcasting Act 1942 (Cth), particularly whether the fitness and propriety of a licensee could be assessed by reference to the conduct of its controllers, even if that conduct predated the licence period.

The High Court reasoned that the conduct of a controller, even if occurring before the licence commenced, could be relevant to the question of whether the licensee was a fit and proper person to hold the licence. The Court held that the Tribunal was entitled to consider such conduct when forming its satisfaction under section 88. Furthermore, the Court clarified that the Administrative Decisions (Judicial Review) Act 1977 (Cth) permitted review of the conduct engaged in for the purpose of making a decision, not just the final decision itself.

The appeal was allowed with costs. The orders of the Full Court of the Federal Court were set aside, and in their place, the applications for orders of review were dismissed with costs. Applications for special leave to cross-appeal were refused with costs.