Australian Broadcasting Authority v Project Blue Sky Inc & Ors

(1996) 71 FCR 465

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Australian Broadcasting Authority v
Project Blue Sky Inc WN 610652, Top Shelf Productions Ltd WN 615072, Communicado Limited AK/117463, South Pacific Pictures Ltd AK/383620, Gibson Group Ltd & Frame up Films Ltd

Court:

Judges: Northrop
Wilcox
Finn JJ

Subject References:
Foreign Relations
Australia New Zealand Closer Economic Relations Agreement ("CER Agreement") requiring New Zealand services be given no less favourable access to Australian markets
Supply of television programs a service
Broadcasting Services Act 1992 requiring Australian Broadcasting Authority to set minimum Australian Content Standards for television broadcasts
Whether Standard can include New Zealand programs
Effect of inconsistency between Act and CER Agreement
Application of maximum generalia specialibus non derogant
specific requirements of Act prevails over general requirement
Media and Communications Law
Television Australian Content Standard under Broadcasting Services Act 1992
Whether Standard can include New Zealand programs
New Zealand programs not Australian for purposes of Act
Practice and Procedure
Application for admission of new evidence in appeal
Proposed contentious new evidence from intervening party

Legislative References:
Broadcasting Services Act 1992 - 3; 122; 160
Australia New Zealand Closer Economic Relations Trade Agreement, Arts. 2, 3, 4 and 5 -

Hearing date: 1 November 1996
Judgment date: 12 December 1996

Sydney

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THE COURT ORDERS THAT:

1.

The appeal be allowed and the orders made by Davies J set aside.

2.

In lieu thereof it be ordered that the Application be dismissed with costs.

3.

The respondents pay the appellant's costs of the appeal.

4.

There be no order in relation to the costs of the intervenors.

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