Universal Telecasters (Qld) Ltd v Guthrie

Universal Telecasters (Qld) Ltd was prosecuted for broadcasting a misleading statement in relation to the sale of televisions, under sections of the Trade Practices Act 1974. The Full Court of the Federal Court was tasked with determining whether the television broadcast constituted an offence and, if so, whether any defences were available to the corporation. The primary issue was whether the television broadcast by the corporation could be considered as having "made" the misleading statement, and if the corporation could be held liable for it. Additionally, the court examined the potential defences available to the corporation, including the lack of knowledge or suspicion of the contravention, reliance on information supplied, and the implementation of reasonable precautions to avoid such contraventions.

The court found that the broadcast by the corporation was indeed an offence under the Trade Practices Act, as it constituted a misleading statement regarding the existence of a price reduction. The court considered the nature of the corporation's involvement in the broadcast and concluded that the statement was sufficiently connected to the corporation's activities to be considered as "made" by it. Regarding the available defences, the court found that the corporation did not have knowledge or reason to suspect the contravention, as it had relied on information supplied by others and had taken reasonable precautions to avoid such contraventions. Consequently, the court held that the corporation was not liable for the offence.

The court's decision was grounded in the principles established in previous cases, such as Re Universal Telecasters (Qld) Ltd and Ex parte Trade Practices Commission and Re Telecasters (Qld) Ltd and Trade Practices Commission. The court emphasised the importance of understanding the elements of the offence and the defences available under the Trade Practices Act. The court ultimately determined that the corporation was not liable for the offence due to the absence of knowledge or suspicion of the contravention, reliance on supplied information, and the implementation of reasonable precautions.

The court's final orders were that Universal Telecasters (Qld) Ltd was not liable for the offence under the Trade Practices Act, as the corporation did not have knowledge or reason to suspect the contravention, and it had relied on information supplied by others and taken reasonable precautions to avoid such contraventions. The prosecution was dismissed, and the corporation was acquitted of the offence.