Actors’ Equity Association v Aus Broadcasting Tribunal

Actors’ Equity Association v Aus Broadcasting Tribunal

ACTORS’ EQUITY ASSOCIATION OF AUSTRALIA AND AUSTRALIAN BROADCASTING TRIBUNAL (1985) NO N83/743

Commonwealth AAT – 29 March 1985

FACTS

Actors’ Equity wanted to respond to the Australian Broadcasting Tribunal’s invitation to interested parties to make submission as to Australian content requirements for commercial television.

To do this Actors’ Equity requested from the ABT documents called ABT-12s. An “ABT-12” is a form that the ABT requires each holder of a commercial television license to complete each year. The form contains financial information relating to the licensees operation. The AAT declined to disclose the information in the ABT-12’s under exemption s43 (1)(c)(i) of the FOI Act. The ABT argued that the disclosure of the financial information in the ABT-12s would have an adverse effect on the lawful business, commercial and financial affairs of the licensors.

ISSUES

Would the disclosure affect the licensees adversely in respect of their lawful business, commercial or financial affairs and would such disclosure be unreasonable?

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