One.Tel Ltd v Australian Communications Authority [2001] FCA 54

FEDERAL COURT OF AUSTRALIA

One.Tel Ltd v Australian Communications Authority [2001] FCA 54 TELECOMMUNICATIONS – universal service regime – whether sales revenue generated by activities of first appellant's group of companies within the telecommunications industry constituted "eligible revenue" under the Telecommunications Universal Service Obligation (Eligible Revenue) Regulations 1998 (Cth)- calculation of "eligible revenue" under the Regulations – proper construction of the Regulations – whether "eligible revenue" to be apportioned is the revenue of the company group – meaning of "working out eligible revenue on a group basis" in the context of the Regulations - whether the Regulations are invalid – whether the Regulations are unreasonable, arbitrary and capricious – whether there is a clear, real and substantial nexus between the exercise of the regulation-making power and the purpose for which that power was exercised – whether there is any lack of proportionality – whether there is a real and substantial connection between the Regulations and the subject matter of the regulation-making power.

Telecommunications (Universal Service Levy) Act 1997 (Cth) Telecommunications Universal Service Obligation (Eligible Revenue) Regulations 1998 (Cth)

One.Tel Ltd v Australian Communications Authority [2000] 176 ALR 529 considered Shanahan v Scott (1957) 96 CLR 245 cited Morton v Union-Steamship Co of New Zealand Limited (1951) 83 CLR 402 cited Qui v Minister for Immigration & Multicultural Affairs (1994) 55 FCR 439 cited South Australia v Tanner (1988-9) 166 CLR 161 cited Minister of State for Resources v Dover Fisheries Pty Ltd (1993) 43 FCR 565 cited ONE.TEL LIMITED AND ONE.TEL GSM 1800 PTY LIMITED v AUSTRALIAN COMMUNICATIONS AUTHORITY NO. N 936 OF 2000 JUDGES: BEAUMONT, HILL & EMMETT JJ DATE: 16 FEBRUARY 2001 PLACE: SYDNEY