High Court of Australia
HIGH COURT OF AUSTRALIA
GLEESON CJ,
GUMMOW, KIRBY, HAYNE, HEYDON, CRENNAN AND KIEFEL JJ
TELSTRA CORPORATION LIMITED PLAINTIFF
AND
COMMONWEALTH OF AUSTRALIA & ORS DEFENDANTS
Telstra Corporation Limited v The Commonwealth [2008] HCA 7
6 March 2008
S42/2007
ORDER
1. The questions reserved in the case stated dated 11 July 2007 be answered as follows:
Question One
In their application to the ULLS, are any of:
(i) section 152AL(3) of the TPA;
(ii) section 152AR of the TPA; or
(iii) any other provision(s) in Part XIC of the TPA,
beyond the legislative competence of the Parliament by reason of section 51(xxxi) of the Constitution?
Answer
(i) and (ii) No.
(iii) It is not appropriate to answer this question.
Question Two
If the answer to any part of Question One is "Yes", can the relevant provision(s) be read down so that it is valid and, if so, how?
Answer
This question does not arise.
Question Three
In their application to the LSS, are any of:
(i) section 152AL(3) of the TPA;
(ii) section 152AR of the TPA; or
1. any other provision(s) in Part XIC of the TPA,
beyond the legislative competence of the Parliament by reason of section 51(xxxi) of the Constitution?
Answer
(i) and (ii) No.
(iii) It is not appropriate to answer this question.
Question Four
If the answer to any part of Question Three is "Yes", can the relevant provision(s) be read down so that it is valid and, if so, how?
Answer
This question does not arise.
2. The plaintiff pay the costs of the case stated.
Representation
A C Archibald QC with N Perram SC and J K Kirk for the plaintiff (instructed by Mallesons Stephen Jaques)
D M J Bennett QC, Solicitor-General of the Commonwealth with C J Horan for the first defendant (instructed by Australian Government Solicitor)
N J Young QC with M H O'Bryan for the second defendant (instructed by Australian Government Solicitor)
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