Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
TX Australia Pty Limited v Australian Competition and Consumer Commission [2020] FCA 1100 File number: NSD 330 of 2020
Judge: JAGOT J
Date of judgment: 5 August 2020
Catchwords: COMMUNICATIONS LAW –administrative law – broadcasting services – dispute between owner of broadcasting transmission towers and access seeker – access sought by third party on behalf of access seeker – third party acting as agent of access seeker – whether Australian Competition and Consumer Commission had jurisdiction to arbitrate a dispute – cl 47(1), (1A) and (2) of Sch 4 to the Broadcasting Services Act 1992 (Cth) – jurisdictional facts – whether there was failure of agreement between owner and access seeker about terms and conditions of access – whether there was failure of agreement between owner and access seeker about appointment of arbitrator – application dismissed
Legislation: Broadcasting Services Act 1992 (Cth) Broadcasting Services (Transmitter Access) Regulations 2001 (Cth) Broadcasting Services (Transmitter Access) Regulations 2019 (Cth) Competition and Consumer Act 2010 (Cth) Supplementary Explanatory Memorandum to the Television Broadcasting Services (Digital Conversion) Bill 1998 (Cth) Telecommunications Act 1997 (Cth)
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