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ARTICLE · 24 MARCH 2014

Government Bulletin - 19 March 2014

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Full Court of the Federal Court of Australia makes ruling regarding the regulatory and investigative powers of the ACMA.

AustraliaGovernment, Public Sector
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Full Court of the Federal Court of Australia makes ruling regarding the regulatory and investigative powers of the ACMA

Last Friday (14 March 2014), in a unanimous decision, the Full Court of the Federal Court of Australia ruled that the Australian Communications and Media Authority (ACMA) had no power to determine that Today FM (Sydney) Pty Ltd (Today FM) had committed a criminal offence and therefore breached a standard condition of its commercial radio broadcast licence under the Broadcasting Services Act 1992 (Cth) (BSA).

The Full Court's decision (Today FM (Sydney) Pty Ltd v Australian Communications and Media Authority [2014] FCAFC 22) overturns the decision at first instance in which the Federal Court ruled in the ACMA's favour, and affirms the proposition that the determination of whether a criminal offence has been committed can generally only be conducted by Courts exercising criminal jurisdiction (and not by bodies exercising administrative

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