Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Communications and Media Authority v Phaze Broadcasting Pty Ltd [2024] FCA 473 File number(s): VID 509 of 2023
Judgment of: O'CALLAGHAN J
Date of judgment: 26 April 2024
Date of publication of reasons: 7 May 2024
Catchwords: COMMUNICATIONS LAW – where respondent admitted to contraventions of ss 46(3) and 47(3) of the Radiocommunications Act 1992 (Cth) – where parties jointly sought declarations as to contraventions and other relief – where declarations made – where pecuniary penalty of $8000 imposed – where injunctive relief granted – where order made for the forfeiture to the Commonwealth of the respondent's radiocommunications devices involved in the contraventions
Legislation: Broadcasting Services Act 1992 (Cth) s 18 Federal Court of Australia Act 1976 (Cth) s 21 Radiocommunications Act 1992 (Cth) ss 3, 7(1), 46, 46(3), 46(4), 47(3), 47(4), 49, 100(1), 107(1)(g), 131AB, 269(1), 269(2), 269(3), 272, 272(2), 284D, 284L(2), 288, ch 3 Regulatory Powers (Standard Provisions) Act 2014 (Cth) ss 82, 82(5)(a), 82(6), 121(1)(a), 124(1)(a), pt 3 div 6, pt 4, pt 7 Federal Court Rules 2011 (Cth) r 1.34
Cases cited: Australian Building and Construction Commission v Pattinson (2022) 274 CLR 450 Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (2017) 254 FCR 68 Australian Competition and Consumer Commission v Coles Supermarkets Australia Pty Ltd [2014] FCA 1405 Australian Competition and Consumer Commission v G.O. Drew Pty Ltd [2007] FCA 1246 Australian Competition and Consumer Commission v MSY Technology Pty Ltd (2012) 201 FCR 378 Australian Competition and Consumer Commission v Telstra Corporation Ltd (2010) 188 FCR 238 Hadgkiss v Aldin (2007) 164 FCR 394 Ponzio v B & P Caelli Constructions Pty Ltd (2007) 158 FCR 543 Singtel Optus Pty Ltd v Australian Competition and Consumer Commission (2012) 287 ALR 249; [2012] FCAFC 20 Trade Practices Commission v CSR Ltd (1991) ATPR 41-076; [1990] FCA 521
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