Australian Communications and Media Authority v. Today FM (Sydney) Pty Ltd
Lower Court Judgment
14/03/2014 Federal Court of Australia (Allsop CJ, Robertson J, Griffiths J)
Administrative law –Powers of Australian Communications and Media Authority (“ACMA”) – Respondent held commercial radio broadcasting licence under Broadcasting Services Act 1992 (Cth) (“BSA”) – Respondent recorded and broadcast conversation for radio segment – ACMA investigated segment under s 170 of BSA – Investigation concerned whether respondent breached licence condition contained in cl 8(1)(g), Sch 2 of BSA which is engaged where offence is committed against another law – ACMA’s preliminary investigation report found that respondent contravened s 11(1) of Surveillance Devices Act 2007 (NSW) – Whether ACMA can only make administrative finding of commission of offence once conviction is recorded by criminal court – Whether ACMA is required to defer enforcement action until after criminal process has concluded – Whether ACMA is bound conclusively in its administrative findings by the outcome of such criminal process.
Constitutional law – Judicial power – Whether ACMA’s conclusion of breach of licence condition involves exercise of judicial power reserved to Ch III courts.
15/08/2014 Hearing (SLA, Sydney)
22/08/2014 Notice of appeal
19/09/2014 Written submissions (Appellant)
19/09/2014 Chronology (Appellant)
10/10/2014 Written submissions (Respondent)
17/10/2014 Written submissions (Attorney-General of the Commonwealth of Australia intervening)
17/10/2014 Written submissions (Attorney-General for the State of Western Australia intervening)
17/10/2014 Written submissions (Attorney-General of the State of Queensland intervening)
17/10/2014 Written submissions (Free TV Australia Limited seeking leave to intervene)
20/10/2014 Written submissions (Commercial Radio Australia Ltd seeking leave to intervene)
20/10/2014 Written submissions (Attorney-General for the State of South Australia intervening)