Indara Inbuilding Solutions Pty Ltd v Australian Communications and Media Authority [2024] FCAFC 117

Federal Court of Australia

Indara Inbuilding Solutions Pty Ltd v Australian Communications and Media Authority [2024] FCAFC 117 File number: NSD 1129 of 2023

Judgment of: SARAH C DERRINGTON, BANKS-SMITH AND KENNETT JJ

Date of judgment: 6 September 2024

Catchwords: ADMINISTRATIVE LAW – judicial review of assessment of "participating person's eligible revenue for an eligible revenue period" under the Telecommunications (Eligible Revenue) Determination 2015 (Cth) (TER Determination) and Telecommunications (Consumer Protection and Service Standards) Act 1999 (Cth) (TCPSS Act) – whether respondent erred in including revenue of related entity in assessment ADMINISTRATIVE LAW – consideration of scope and purpose of power conferred by s 9(2) of the TER Determination – consideration of relevant and irrelevant considerations in respect of that power – whether policy adopted by respondent inconsistent with legislation – whether purpose of s 9(2) is to clarify whether revenue is "non-telecommunications sales revenue" – whether respondent took into account irrelevant considerations – whether respondent did not take into account relevant considerations – whether decision maker required to take into account consideration at particular level of generality STATUTORY INTERPRETATION – consideration of ordinary meaning of "telecommunications industry" – consideration of meaning of "telecommunications industry" as defined in s 5 of the Telecommunications Act 1997 (Cth) (Telecommunications Act) – whether revenue of appellant's related entity was "earned from an activity outside the telecommunications industry" within the meaning of s 9(1) of the TER Determination STATUTORY INTERPRETATION – consideration of meaning of "facility" in Telecommunications Act – consideration of "used … in or in connection with a telecommunications network"– whether facilities operated by appellant fell within definition of "facility" CONSTITUTIONAL LAW – effect of s 58 of the TCPSS Act – whether provision inconsistent with s 75(v) of the Constitution