Limitations regarding the use of quotes
The quotes provided here reflect statements from a specific decision. Accordingly, the International Legal Consortium (ILC) cannot guarantee that an appellate court has not reversed a lower court decision which may influence the applicability or influence of a given quote. All quotes have been selected based on the subjective evaluations undertaken by the ILC meaning that quotes provided here may not accurately or comprehensively represent a given court’s opinion or conclusion, as such quotes may have originally appeared alongside other negative opinions or accompanying facts. Further, some quotes are derived from unofficial English translations, which may alter their original meaning. We emphasize the need to review the original decision and related decisions before authoritatively relying on quotes. Using quotes provided here should not be construed as legal advice and is not intended to be a substitute for legal counsel on any subject matter in any jurisdiction. Please see the full limitations at https://www.tobaccocontrollaws.org/about.
This was an application by the Action on Smoking and Health Limited (ASH) for judicial review of a determination of the Australian Broadcasting Tribunal (Tribunal). The Tribunal had found that footage of tobacco advertisements placed on billboards around the track and on the cars of the Australian Grand Prix were tobacco advertisements but that they were nonetheless permissible because they fell within the exemption in the Broadcasting Services Act of being an incidental accompaniment to another matter.
The Federal Court upheld the Tribunal's decision, holding that it had made no error of law in finding that the advertisements were merely "incidental accompaniment[s]" to the broadcasts. Consequently, the Federal Court dismissed the application.