Federal Court of Australia
Federal Court of Australia
Mosaic Brands Ltd v Australian Communications and Media Authority [2022] FCAFC 79 Appeal from: Mosaic Brands Ltd v Australian Communications and Media Authority [2021] FCA 669
File number: NSD 698 of 2021
Judgment of: COLLIER, ABRAHAM AND CHEESEMAN JJ
Date of judgment: 13 May 2022
Catchwords: ADMINISTRATIVE LAW – whether primary judge erred in finding that a notice issued under s 522 of the Telecommunications Act 1997 (Cth) is subject to an implied entitlement disclosure condition – whether primary judge erred in finding that the notice issued by the Australian Communications and Media Authority (ACMA) complied with the implied entitlement disclosure condition – where s 155 of the Trade Practices Act 1974 (Cth) is not analogous – where s 522, read in context and given its purpose, implies an entitlement disclosure condition – where the Notice did not need to identify each matter the subject of a complaint nor state a reason for suspecting a contravention of the Spam Act 2003 (Cth) – where the Notice made apparent that the information and documents sought were relevant to the performance of the ACMA's telecommunications functions or the exercise of the ACMA's telecommunication powers – notice of contention dismissed – appeal dismissed
Legislation: Australian Communications and Media Authority Act 2005 (Cth) ss 6, 8 Australian Crime Commission Act 2002 (Cth) s 29 Building and Construction Industry (Improving Productivity) Act 2016 (Cth) s 61D Competition and Consumer Act 2010 (Cth) Employment Services Act 1994 (Cth) Pt 4.9 Fair Work Act 2009 (Cth) s 712 Income Tax Assessment Act 1936 (Cth) ss 264, 264A Spam Act 2003 (Cth) Telecommunications Act 1997 (Cth) ss 507, 508, 510, 512, 521, 522, 525, 315C Trade Practices Act 1974 (Cth) s 155, Workplace Relations Act 1996 (Cth) s 86 Integrity Commission Act 2009 (Tas) s 47 Protection of the Environment Operations Act 1997 (NSW) s 193 Occupational Health and Safety Act 2004 (Vic) s 9 Taxation Administration Act 1996 (NSW) s 72 Building and Construction Industry (Improving Productivity) Regulations 2017 (Cth) reg 7
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