Application by AAPT Limited [2009] ACompT 5

AUSTRALIAN COMPETITION TRIBUNAL

Application by AAPT Limited [2009] ACompT 5

ADMINISTRATIVE LAW – standing – meaning of a "person whose interests are affected" TRADE PRACTICES – telecommunications access regime – application for review – declared service – public switched telephone network originating access service – application for exemption from standard access obligations – whether exemption orders will promote the "long-term interests of end-users" – conditions and limitations imposed on exemption orders

Telecommunications Act 1997 (Cth), Pt 17 Trade Practices Act 1974 (Cth) ss 152AB, 152AT, 152ATA, 152AR, 152AV, 152AW(4) Allan v Transurban City Link Limited (2001) 208 CLR 167 Alphapharm Pty Limited v SmithKline Beecham (Australia) Pty Ltd (1994) 49 FCR 250 Application by Chime Communications Pty Ltd (No 2) [2009] ACompT 2 Duke Eastern Gas Pipeline Pty Ltd, Re [2001] ACompT 2 McHattan and Collector of Customs, Re (1977) 18 ALR 154 Onesteel Manufacturing Pty Ltd v Whyalla Red Dust Action Group Inc (2006) 94 SASR 357 Queensland Co-Operative Milling Association Ltd, Re (1976) 8 ALR 481 Sydney International Airport, Re [2000] ACompT 1 Telstra Corporation Limited v Australian Competition Tribunal [2009] FCAFC 23

RE: APPLICATION UNDER SECTION 152AV OF THE TRADE PRACTICES ACT 1974 FOR A REVIEW OF EXEMPTION ORDER DECISIONS (INDIVIDUAL EXEMPTION ORDERS 5 AND 6 OF 2008) MADE BY THE AUSTRALIAN COMPETITION AND CONSUMER COMMISSION UNDER SECTION 152AT(3)(a) OF THAT ACT IN RESPECT OF THE SUPPLY BY TELSTRA CORPORATION LIMITED OF THE PSTN ORIGINATING ACCESS SERVICE BY: AAPT LIMITED, AGILE PTY LTD, CHIME COMMUNICATIONS PTY LTD, MACQUARIE TELECOM PTY LIMITED, POWERTEL LIMITED AND PRIMUS TELECOMMUNICATIONS PTY LIMITED

File No 6 of 2008

JUSTICE FINKELSTEIN (PRESIDENT)

R DAVEY

PROFESSOR D ROUND