Mosaic Brands Ltd v Australian Communications and Media Authority [2022] FCAFC 79 (13 May 2022) (Collier, Abraham and Cheeseman JJ)


Catchwords:


ADMINISTRATIVE LAW – whether primary judge erred in finding that a notice issued under s 522 of the Telecommunications Act 1997 (Cth) is subject to an implied entitlement disclosure condition – whether primary judge erred in finding that the notice issued by the Australian Communications and Media Authority (ACMA) complied with the implied entitlement disclosure condition – where s 155 of the Trade Practices Act 1974 (Cth) is not analogous – where s 522, read in context and given its purpose, implies an entitlement disclosure condition – where the Notice did not need to identify each matter the subject of a complaint nor state a reason for suspecting a contravention of the Spam Act 2003 (Cth) – where the Notice made apparent that the information and documents sought were relevant to the performance of the ACMA’s telecommunications functions or the exercise of the ACMA’s telecommunication powers – notice of contention dismissed – appeal dismissed