Federal Court of Australia
Federal Court of Australia
TX Australia Limited v Australian Competition and Consumer Commission [2021] FCAFC 113 Appeal from: TX Australia Pty Limited v Australian Competition and Consumer Commission [2020] FCA 1100
File number: NSD 973 of 2020
Judgment of: MIDDLETON, YATES AND O'BRYAN JJ
Date of judgment: 24 June 2021
Catchwords: COMMUNICATIONS LAW – administrative law – dispute between owner and operator of transmission infrastructure and a licensed broadcaster access seeker – access sought by third party on behalf of access seeker – where third party is an owner and operator of different transmission infrastructure – whether third party acting as agent for the access seeker – whether there was a failure to agree on terms and conditions of access – whether Australian Competition and Consumer Commission had jurisdiction to arbitrate dispute STATUTORY INTERPRETATION – whether cl 47 of Pt 5 of Sch 4 to the Broadcasting Services Act 1992 (Cth) excludes the law of agency – whether competitors are permitted to act as agents for an access seeker in seeking to negotiate terms and conditions of access to transmission infrastructure
Legislation: Broadcasting Services Act 1992 (Cth) Broadcasting Services (Transmitter Access) Regulations 2001 (Cth) Broadcasting Services (Transmitter Access) Regulations 2019 (Cth)
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