Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Communications and Media Authority v TPG Internet Pty Ltd [2014] FCA 382 Citation: Australian Communications and Media Authority v TPG Internet Pty Ltd [2014] FCA 382
Parties: AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY (ABN 55 386 169 386) v TPG INTERNET PTY LTD (ACN 068 383 737)
File number: VID 877 of 2012
Judge: BROMBERG J
Date of judgment: 16 April 2014
Catchwords: COMMUNICATIONS LAW – whether contraventions of Telecommunications (Emergency Call Service) Determination 2009 (the Determination) and Telecommunications (Consumer Protection and Service Standards) Act 1999 (Cth) (the TCPSS Act) – whether the supply of a 'suspended' or 'inactive' telephone service (being a service whose capacity to allow outward bound calls is barred) constitutes supply of an emergency telephone service within the meaning of s 13(1)(a) of the Determination – whether the supply of an 'inactive' or 'suspended' service satisfies the "connectivity test" in s 6(2) of the TCPSS Act because it is a service by which end users are "ordinarily able to communicate"; whether "service" as used in the connectivity test refers to a kind of service provided to end users or a particular service provided to a particular end user. PENALTIES – application for pecuniary penalty – guiding principles – whether failure to connect a call and failure to maintain a system with capacity to provide such connection is the "same conduct" for the purpose of s 570(5) of the Telecommunications Act 1999 (Cth) – whether the 'course of conduct' or 'one transaction' principle should be applied.
Legislation: Acts Interpretation Act 1901 (Cth) ss 15AA, 15AB Australian Communications and Media Authority Act 2005 (Cth) ss 6, 8(1)(a) Australian Consumer Law, Sch 2 to the Competition and Consumer Act 2010 (Cth) s 224 Legislative Instruments Act 2003 (Cth) s 13(1) Telecommunications Act 1997 (Cth) ss 7, 14(2), 14(3), 87(1), 570, 570(1), 570(2), 570(2)(a), 570(3)(b), 570(5) Telecommunications (Consumer Protection and Service Standards) Act 1999 (Cth) ss 6(1), 6(2), 147(1), 147(2)(a), 148(1), 148(4) Trade Practices Act 1974 (Cth) ss 76, 76E Telecommunications (Emergency Call Service) Determination 2009 ss 13, 19, 53
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