Western Television Ltd v Australian Broadcasting Tribunal

Re: WESTERN TELEVISION LIMITED
And: AUSTRALIAN BROADCASTING TRIBUNAL and WEST COAST TELECASTERS LTD.
No. NSW G364 of 1986
Administrative Law - Post and Telegraph - Statutes

COURT

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY
GENERAL DIVISION
Pincus J.

CATCHWORDS

Administrative Law - commercial television licence for Perth - competing applicants - relevant consideration ignored - point abandoned below - discretion to refuse relief - whether evidence to justify decision - what must be proved to satisfy Judicial Review Act - whether wrong weighting of considerations fatal.

Post and Telegraph - commercial television licence - grant of licence to one of two applicants - which more "suitable" - what constitutes suitability - convictions of associated person for tax offences - relevance to suitability of applicant - control of transactions in shares of licensed companies - whether Tribunal can control same in course of licensing process.

Statutes - Broadcasting Act - construction - use of Second Reading Speech - whether implication should be made - consideration of history of exercise of Tribunal's functions in aid of construction.

Administrative Decisions (Judicial Review) Act 1977 s.5

Broadcasting and Television Act 1942 ss.25(1); 81; 83, 89A, 91(2), 92A, 92B, 92F, 92FAA

HEARING

BRISBANE

#DATE 4:11:1986

ORDER

The application be dismissed.

NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

JUDGE1

This is an application for an order of review under the Administrative Decisions (Judicial Review) Act 1977 in respect of a majority decision of the Australian Broadcasting Tribunal. A summary of my reasons appears at the end. The terms of the decision, which was made on 30 July 1986, are as follows:

"The Tribunal will grant a commercial television station licence to West Coast Telecasters Ltd. for a period of five years to serve the Perth Metropolitan Television Area. The licence will be granted on a date to be determined by the Tribunal after the specifications applicable to the licence have been determined by the Minister."

1. The application in question raises a variety of grounds, some of which were abandoned at the hearing, and it is convenient to deal with them in the order in which they appear in the application. It should be noted that the attack on the decision depends in part upon factual considerations. They might have been thought to be somewhat difficult to deal with, on the face of it, as apart from exhibits the record runs for over 13,000 pages. I have read only parts of it, and have relied upon the assistance of counsel in referring me to them. I do not believe that the course adopted has made it impractical to deal with the actual aspects of the application.

2. Of the twelve parties who appeared for part or the whole of the time before the Tribunal, only two were contestants in this Court, namely the applicant, Western Television Limited, and the second respondent, West Coast Telecasters Ltd. Both were applicants before the Tribunal for the licence which…