Australian Communications Authority v Viper Communications Pty Ltd (ACN 067 892 308) [2001] FCA 355

FEDERAL COURT OF AUSTRALIA

Australian Communications Authority v Viper Communications Pty Ltd (ACN 067 892 308) [2001] FCA 355 TELECOMMUNICATIONS – seeking pecuniary penalties in respect of contraventions of s 101(1) of the Telecommunications Act 1997 (Cth) – respondents failed to comply with statutory obligation to join the Telecommunications Industry Ombudsman Scheme (TIO Scheme) – failure to comply motivated by genuine but erroneous belief as to extent of statutory obligation – respondents joined TIO Scheme after a judgment setting out their statutory obligations – no quantifiable losses arising from their contraventions – no evidence of deterrent effect of pecuniary penalties – pecuniary penalties not appropriate. Telecommunications (Consumer Protection and Service Standards) Act 1999 (Cth) ss 128-9 Telecommunications Act 1997 (Cth) ss 101-2, s 564, ss 569-72

AUSTRALIAN COMMUNICATIONS AUTHORITY v VIPER COMMUNICATIONS PTY LTD (acn 067 892 308) N 1451 of 1999

AUSTRALIAN COMMUNICATIONS AUTHORITY v ALBURY LOCAL INTERNET PTY LTD (ACN 069 269 432) N 210 of 2000

MATHEWS J 5 APRIL 2001 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N1451 OF 1999

BETWEEN: AUSTRALIAN COMMUNICATIONS AUTHORITY

APPLICANT

AND: VIPER COMMUNICATIONS PTY LIMITED

RESPONDENT

JUDGE: MATHEWS J

DATE OF ORDER: 5 APRIL 2001

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. I decline to order that the respondent pay pecuniary penalties to the Commonwealth as sought in the application. 2. I order the applicant to pay the respondent's costs of the application for pecuniary penalties. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules