Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Telstra Corporation Limited v Melbourne City Council [2020] FCA 305 File number: VID 500 of 2019
Judge: O'CALLAGHAN J
Date of judgment: 10 March 2020
Catchwords: TELECOMMUNICATIONS – whether "New Payphone Cabinets" are "low-impact facilities" within the meaning of clause 6 of Schedule 3 to the Telecommunications Act 1997 (Cth) and the Telecommunications (Low-impact Facilities) Determination 2018 (Cth) – where Melbourne City Council refused Telstra planning permission to install New Payphone Cabinets and to display commercial advertising on them on the grounds that they were not low-impact facilities and were not acceptable under the various provisions of the Melbourne Planning Scheme – where planning approval sought only in respect of proposed digital screens to display commercial advertising – where Telstra agrees that commercial advertising may not be displayed on New Payphone Cabinets absent approval of a relevant local authority – whether Telstra entitled to install New Payphone Cabinets despite a law of a State about planning law – whether Telstra entitled to a declaration that installation of New Payphone Cabinets is an activity authorised by Schedule 3 and the Determination JURISDICTION – where Melbourne City Council formed non-binding opinion that New Payphone Cabinets were not low-impact facilities as pre-condition to decision to refuse planning approval – where justiciable controversy arises under a law of the Commonwealth, being the Telecommunications Act 1997 (Cth)
Legislation: Federal Court Act 1976 (Cth) s 21 Judiciary Act 1903 (Cth) s 39B(1A)(c) Planning and Environment Act 1987 (Vic) ss 77, 149A Telecommunications Act 1997 (Cth) ss 7, 15, 484, sch 3 cls 2, 6, 6(1), 6(1)(b), 6(2), 6(3), 10, 15, 17, 36, 37, 37(2) Telecommunications Code of Practice 2018 (Cth) Telecommunications (Consumer Protection and Service Standards) Act 1999 (Cth) ss 6(1), 9, pt 2 div 2 Telecommunications (Low-impact Facilities) Determination 1997 (Cth) Telecommunications (Low-impact Facilities) Determination 1997 (Amendment No. 1 of 1999) (Cth) Telecommunications (Low-impact Facilities) Determination 2018 (Cth) s 3.1, 3.1(3), sch 1 pt 6
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