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Topic: Australian Capital Television Pty Ltd v Commonwealth

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	Australian Parliamentary Library - 1996-97 Research Paper 10
		Australian Capital Television Pty Ltd v Commonwealth (1992) 177 CLR 106 at 143 per Mason CJ ('ordinarily paramount weight would be given to the public interest in freedom of communication').
		Cf Australian Capital Television Pty Ltd v Commonwealth (1992) 177 CLR 106 at 217, where Gaudron J stated: 'As the implied freedom is one that depends substantially on the general law, its limits are also marked out by the general law.
		Cf Debates of the Legislative Assembly for the Australian Capital Territory, 17 October 1995, at 1696-1711, 1737-1742.
	www.aph.gov.au /library/pubs/rp/1996-97/97rp10.htm (7297 words)

	Australian Capital Television Pty Ltd v Commonwealth - Wikipedia, the free encyclopedia
		Australian Capital Television Pty Ltd and Ors v Commonwealth; New South Wales v Commonwealth and Anor
		Australian Capital Television v Commonwealth was a significant court case decided in the High Court of Australia on September 30, 1992.
		The Commonwealth argued that Part IIID of the Act did not single out the States, nor interfere with their proper activities, since State elections were treated in exactly the same way as Federal elections were.
	en.wikipedia.org /wiki/Australian_Capital_Television_Pty_Ltd_v_Commonwealth (1759 words)

	The Constitutional Jurisprudence of the High Court: 1989-2004, The Hon Justice Michael McHugh AC, The Inaugural Sir ...
		In Australian Capital Television Pty Ltd v The Commonwealth[20], Mason CJ said that where the implication is derived from the actual terms of the Constitution it may be sufficient that the relevant intention is manifested according to the accepted principles of interpretation.
		Australian Tape Manufacturers Association Ltd v The Commonwealth[41] where the Court held that it was not essential to the concept of a tax that the imposition should be made by a public authority.
		Lange v Australian Broadcasting Corporation[53] where the Court unanimously held that the Constitution contained an implication of freedom of communication on political and government matters and that the law of defamation could not be inconsistent with that freedom.
	www.hcourt.gov.au /speeches/mchughj/mchughj_26nov04.html (9862 words)

	Freedom of speech (international) - Wikipedia, the free encyclopedia
		Despite Australian Capital Television Pty Ltd v Commonwealth, not all political speech appears to be protected in Australia, and several laws criminalise forms of speech that would be protected in other democratic countries such as the United States.
		The Australian government is currently trying to pass amendments to several laws, to give counter-terrorism agencies more power.
		Finally, the government restricts the right of broadcasting to authorized radio and television channels; the authorizations are granted by an independent administrative authority; this authority has recently removed the broadcasting authorizations of some foreign channels because of their antisemitic content.
	en.wikipedia.org /wiki/Freedom_of_Speech_(International) (4337 words)

	[No title]
		Ltd., namely, to confine the content of the grants of legislative power which are contained in the various paragraphs of s.51 of the Constitution and which the introductory words of that section expressly make "subject to" the Constitution as a whole.
		The Constitution of each State of the Commonwealth shall, subject to this Constitution, continue as at the establishment of the Commonwealth, or as at the admission or establishment of the State, as the case may be, until altered in accordance with the Constitution of the State.
		Moreover, to construe the Constitution on the basis that the dead hands of those who framed it reached from their graves to negate or constrict the natural implications of its express provisions or fundamental doctrines would deprive what was intended to be a living instrument of its vitality and its adaptability to serve succeeding generations.
	www.fsvonline.org /docs/deane.doc (6109 words)

	DDD - Management
		Prior to joining DDD, Julien was employed as a Research Scientist at the Australian Commonwealth Science and Industrial Research Organization (CSIRO) and was seconded for three years to the World Geoscience Corporation where he focused on the commercialization of cutting-edge data analysis algorithms for the mineral exploration industry.
		Paul was appointed to the DDD Group plc Board in November 2001 and is the President of Capital Technologies Pty.
		Ltd., Kinetic Limited and Structural Monitoring Systems Ltd., as well as the following companies where he remains on the Board of Directors: IQ Investments Ltd., Lumitex Ltd. and Corporate Venturing Pty.
	www.ddd.com /about/about_management.html (1145 words)

	[No title]
		The Australian Broadcasting Act 1942 was then repealed as of 5 October 1992 by the Broadcasting Services (Transitional Provisions and Consequential Amendments) Act 1992.
		An electoral advertisement may not be published by any means (including radio or television) if, in claiming to be a statement of fact, it is inaccurate and misleading to a material extent.
		If it can be proven that a candidate, or any other person determining the content of the advertisement could reasonably be expected to have known that the statement was inaccurate and misleading, that candidate or person shall be guilty of an offence.
	www.seo.sa.gov.au /apps/news/?sectionID=88&pageID=83 (474 words)

	The Whitlam Institute: The Whitlam Collection: State Rights V. World Values
		Australian representatives at the Intergovernmental Maritime Consultative Organization (IMCO) conference secured a special provision for an Australian zone in which tankers were prohibited from discharging oil for a distance of 150 miles from our coasts.
		Hasluck's Black Australians is based on his MA thesis on "official policy and public opinion towards the aborigines of WA from 1829 (when the Swan River was settled) to 1897 (when control of aborigines was transferred by the Imperial Government to the WA Government)".
		The proclamation by the Commonwealth of large reserves, some of them with great potential, as land for the aborigines in the Northern Territory, will, of course, mean nothing if systematically, when anything of any value is discovered in them, areas become excised from the aboriginal reserves and the aborigines have what is left.
	www.whitlam.org /collection/1994/19940803_state_rights_v_world_values (6928 words)

	E Law: Lange v ABC: the High Court rethinks the "constitutionalisation" of defamation law
		In Nationwide News Pty Ltd v Wills[7] and Australian Capital Television Pty Ltd v Commonwealth[8] (the 1992 free speech cases), a majority of the High Court distilled from the provisions and structure of the Commonwealth Constitution, particularly from the concept of representative government, an implication of freedom of political communication.
		It is a freedom from laws that effectively prevent the members of the Australian community from communicating with each other about political and government matters relevant to the system of representative and responsible government provided for by the Constitution.
		[64] In Williams v John Fairfax and Sons Ltd Levine J of the Supreme Court of New South Wales held that it was arguable that the discussion of the performance of a member of the judiciary was a political discussion.
	www.murdoch.edu.au /elaw/issues/v5n1/walker51.html (8258 words)

	Information Commissioner of Qld - Decision No. 93002 (Site not responding. Last check: 2007-10-26)
		R v the Inhabitants of the County of Bedfordshire (1855) 24 L.J.Q.B. Rae and Department of Prime Minister and Cabinet, Re (1986) 12 ALD 589
		The position which has come to be accepted in the Commonwealth AAT is that while the term "deliberative processes" encompasses the policy forming processes of an agency, it extends to cover deliberation for the purposes of any decision-making function of an agency.
		The Commonwealth Parliament, on the other hand, and all State legislatures that have followed it, chose to adopt a quite different statutory formula which left wide open the range of competing interests that might bear on the question of whether disclosure of particular deliberative process documents would on balance be contrary to the public interest.
	www.infocomm.qld.gov.au /indexed/decisions/html/93002.htm (17132 words)

	Information Commissioner of Qld - Decision No. 07/2001 (Site not responding. Last check: 2007-10-26)
		R v the Inhabitants of the County of Bedfordshire
		Australian Capital Television Pty Ltd v Commonwealth (No. 2) (1992) 177 CLR 106 at p.137.
		Australian electors are entitled to, and do, expect appropriate standards of ethical behaviour from their elected representatives.
	www.oic.qld.gov.au /indexed/decisions/html/07-2001.htm (4280 words)

	ozpolitics.info (Site not responding. Last check: 2007-10-26)
		Australian republicanism is concerned with replacing the hereditary monarch and her representative, the Governor-General, with a nominated or elected head of State (however that position might be titled).
		Most Australians are now embarrassed by Prime Minister Menzies' 1954 statement about the Queen, "I did but see her passing by, and yet I love her till I die".
		Australians were horrified at the thought of the British monarch opening the Sydney 2000 Olympic Games as our head of State.
	www.ozpolitics.info /topics/republic.htm (1867 words)

	Lawlink NSW: 2. The Wider Issues: Impact of the Constitution, International Human Rights Obligations and Industrial ...
		2.12 In those states and the Australian Capital Territory which have their own discrimination legislation, soon to be joined by the Northern Territory, there is no restriction on the use of federal discrimination legislation, provided a complaint has not also been made under state legislation.
		In view of the multi-cultural nature of Australian society, there are problems of inconsistency between generally accepted equality rights and certain customary practices and traditions of other religions and cultures, for example in relation to the treatment of women.
		One of the aims of the amendment was to facilitate workplace bargaining agreements, to encourage their use in the prevention and settlement of disputes, and to specify the safeguards against proposed agreements that would potentially disadvantage employees.
	www.lawlink.nsw.gov.au /lrc.nsf/pages/DP30CHP2 (9576 words)

	Human Rights and Equal Opportunity Commission Website: Legal Information (Site not responding. Last check: 2007-10-26)
		The facts which gave rise to the contempt are an incident of the controversy that gave rise to the injunction -they are a repetition of the conduct constituting the supposed offence under section 329A.
		In dealings with Commonwealth agencies there is a legitimate expectation that the Commonwealth will act in conformity with international instruments: Minister for State for Immigration and Ethnic Affairs v.
		Given that the injunction has expired, it is submitted that it is not reasonable or proportionate for the contempt order to persist in excess of the period of the injunction.
	www.hreoc.gov.au /legal/intervention/langer.html (2019 words)

	Freedom of speech (international) - QuickSeek Encyclopedia (Site not responding. Last check: 2007-10-26)
		However, in 1992 the High Court of Australia judged in the case of Australian Capital Television Pty Ltd v Commonwealth that the Australian Constitution, by providing for a system of representative and responsible government, implied the protection of political communication as an essential element of that system.
		Despite Australian Capital Television Pty Ltd v Commonwealth, not all poltical speech appears to be protected in Australia, and several laws criminalise forms of speech that would be protected in other democratic countries such as the United States.
		The Australian government is currently trying to push through amendments to several laws, to give Counter-terrorism agencies more power.
	freedomofspeechinternational.quickseek.com (4123 words)

	A Moderately Informed Observers Perspective (Site not responding. Last check: 2007-10-26)
		Fundamental and essential requirements for the effective operation of an Australian democratic society requires people to be incorporated within the governmental matrix.
		Distilled from the provisions of the Commonwealth Constitution an implied freedom of communication was recognised as enhancing the concept of representative democracy.
		It is submitted that the objectives of the FOI Act are adequate and should be retained as the focus of the Act's purpose.
	www.law.utas.edu.au /foi/submission/moderate/ob_pers1.html (333 words)

	QUT \| Faculty of Law \| QUT Law and Justice Journal - Vol 4 No 2 2004 (Site not responding. Last check: 2007-10-26)
		As to the implied freedom of political discussion see the reference to the early decisions of Murphy J in Ansett Transport Industries (Operations) v The Commonwealth (1997) 139 CLR 54, 88 and Miller v TCN Channel Nine Pty Ltd (1986) 161 CLR 556, 581-582.
		[15] For example, Papatonakis v Australian Telecommunications Commission (1985) 156 CLR 7; Trident General Insurance Co Ltd v McNiece Bros Pty Ltd (1988) 165 CLR 107; Rogers v Whittaker (1992) 175 CLR 479; Burnie Port Authority v General Jones Pty Ltd (1994) 179 CLR 520; Bryan v Maloney (1995) 182 CLR 609.
		[22] Collins v The Queen (1975) 133 CLR 120; Milat v The Queen (2004) 78 ALJR 672.
	www.law.qut.edu.au /about/ljj/editions/v4n2/kirby_full_ft.jsp (960 words)

	List of Cases
		Australian Communist Party v Commonwealth (1951) 83 CLR 1.
		Jago v District Court of New South Wales (1988) 12 NSWLR 558.
		Uebergang v Australian Wheat Board (1980) 145 CLR 266.
	www.malcolm.id.au /honours/cases.html (682 words)

	LexisNexis
		Murphyores Incorporated Pty Ltd v Commonwealth (1976) 136 CLR 1; 9 ALR 199
		Cormack v Cope Queensland v Whitlam (1974) 131 CLR 432
		Commonwealth v Northern Land Council (1993) 176 CLR 604
	www.lexisnexis.com.au /aus/academic/lrn/WebResources/LawSubjects/Constitutional/ConstitutionalOutline.asp (803 words)

	Federation Press - Book: Responsible Government and the Australian Constitution: Conventions Transformed into Law?
		The effect of the implications drawn by the High Court from the system of representative government provided in the Australian Constitution, in the light of such cases as Australian Capital Television Pty Ltd v Commonwealth and Lange v Australian Broadcasting Corporation, is well known.
		In this paper Professor Lindell discusses an aspect of those cases which has received less attention: the effect of the implications drawn by the Court from a particular kind of representative government, namely the system of responsible government which is also provided for in the Constitution.
		That is the position with the British Commonwealth countries that received their independence after World War II where some of the rules of responsible government were accorded express constitutional recognition.
	www.federationpress.com.au /bookstore/book.asp?isbn=1862875073 (223 words)

	Copyright Law Review Committee - Bibliography (Site not responding. Last check: 2007-10-26)
		Austin v the Commonwealth (2003) 77 ALJR 491
		Stevens v Brodribb Sawmilling Co Pty Ltd (1986) 160 CLR 16
		Committee to consider what alterations are desirable in the copyright law of the Commonwealth (Spicer Committee), Report of the Committee appointed by the Attorney-General to consider what alterations are desirable in the copyright law of the Commonwealth, Chairman Sir John Spicer, AGPS, Canberra, 1959.
	www.ag.gov.au /agd/WWW/clrhome.nsf/AllDocs/ED2D1C58A87D4315CA256FF0001F80DB?OpenDocument (2387 words)

	The High Court, Freedom Of Political Discourse And Property Rights
		The High Court in two recent cases (Australian Capital Television Pty Ltd v The Commonwealth 1992:577 - the political advertising case and Nationwide News Pty Ltd v Wills 1992:681 contempt of Conciliation and Arbitration Commission case - (1992)) has effected a fundamental change to the Australian Constitution.
		The Court held (simplifying the holding due to restraints of space) that legislative provisions in two Acts passed by the Parliament of the Commonwealth were invalid because they infringed an implied guarantee of freedom of communication on political matters (political discourse).
		These decisions signal a trend that the High Court is moving towards the recognition of other areas of legislative activity which the Parliament of Commonwealth cannot embark upon, without having its legislation declared invalid.
	www.users.bigpond.com /smartboard/mabo/chap24.htm (688 words)

	Inchoate
		In Elfic Ltd v Macks [2001] QCA 219 (in PDF), McMurdo P (at [62]–[68]) outlined the relevant principles.
		… The ABC is a Commonwealth statutory authority, and there may well be a real question as to whether it is constitutionally possible for a Commonwealth statutory authority to issue directions which impact so severely and directly an employee’s ability (in his own time) to participate in important public political debates.
		I haven’t read the brace of implied freedom cases—Nationwide News Pty Ltd v Wills (1992) 177 CLR 1, Australian Capital Television Pty Ltd v Commonwealth (1992) 177 CLR 106, Lange v Australian Broadcasting Corporation, and friends—recently, but I’m a little bit sceptical about this.
	www.dbs.id.au /blog/law/troppo-legal-speculation.html (610 words)

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