Action On Smoking and Health Limited v. Australian Broadcasting Tribunal

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.