Project Blue Sky v Australian Broadcasting Authority

[1998] HCA 28
Judgment date
Case number
S41/1997
Before
Brennan CJ, McHugh, Gummow, Kirby, Hayne JJ
Catchwords

Statutes - Construction - Reconciliation of conflicting provisions - Intention of legislature - Presumption that provisions intended to achieve consistent goals - Leading and subordinate provisions - Grammatical meaning and legal meaning.

Statutes - Construction - Acts done in breach of a condition regulating a statutory power - Whether invalid - Mandatory and directory provisions - Purpose-based test.

Media law - Television - Regulation of programming - Australian Broadcasting Authority - Standard prescribing Australian content requirements - Whether inconsistent with legislative requirement that functions be performed consistently with Australia's international obligations.

Media law - Television - Regulation of programming - Australian Broadcasting Authority - Power to make standards that "relate to ... the Australian content of programs" - Whether restricted to standards conferring preferential treatment.

Trade law - Australia New Zealand Closer Economic Relations Trade Agreement.

Broadcasting Services Act 1992 (Cth), ss 3, 122, 158, 160.

Broadcasting Services (Transitional Provisions and Consequential Amendments) Act 1992 (Cth), s 21.

Tasker v Fullwood [1978] 1 NSWLR 20 at 23-24 applied.