Project Blue Sky Inc. and Others v. Australian Broadcasting Authority

Abstract

Economics, trade and finance — Trade in services — Broadcasting — Australia-New Zealand Closer Economic Relations Trade Agreement in force 1 January 1983 — Trade in Services Protocol in force 1 January 1989 — Articles 4 and 5(1) of Protocol — Equal access and treatment for New Zealand film and television industry in Australian market — Australia’s treaty obligations

Relationship of international law and municipal law — Treaties — Effect in municipal law — Broadcasting Services Act 1992 (Cth) — Section 122 of Act empowering Australian Broadcasting Authority to determine Australian Content Standard — Section 160(d) of Act requiring Australian Broadcasting Authority to perform its obligations in manner consistent with Australia’s treaty obligations — Clause 9 of Standard favouring Australian television programmes — Whether Clause 9 of Standard conflicting with Articles 4 and 5 of Protocol — Interpretation and compatibility of Sections 122 and 160 of Act — Whether Clause 9 of Standard made in breach of Act — Validity of Standard — The law of Australia