One.tel Limited v Australian Communications Authority [2000] FCA 1085

One.tel Limited v Australian Communications Authority [2000] FCA 1085

The Telecommunications Universal Service Obligation (Eligible Revenue) Regulations 1998 (Cth) validly provide for a group’s telecommunications sales revenue to be attributed to a participating carrier, even where that carrier did not itself derive revenue during the relevant year, as ‘eligible revenue’ is a statutory fiction and the regulations are within the scope of the legislative scheme; the regulations are not so arbitrary or disproportionate as to warrant invalidity.

Parties
First Applicant: One.Tel Limited; Second Applicant: One.Tel GSM 1800 Pty Limited; Respondent: Australian Communications Authority
Jurisdiction
Australia
Judgment Date
08 August 2000
Procedural Posture
Application / Final Judgment
Outcome
application dismissed with costs
Legal Topics
Universal Service Obligation, Eligible Revenue, Validity of Regulations, Statutory Interpretation, Regulation Making Power
Telecommunications Law Administrative Law Universal Service Obligation Eligible Revenue Validity of Regulations Statutory Interpretation Regulation Making Power

Case Brief

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Parties

One.Tel Limited

First Applicant

One.Tel GSM 1800 Pty Limited

Second Applicant

Australian Communications Authority

Respondent

Procedural Posture

Application / Final Judgment

Legal Issues

  1. 1 Whether sales revenue generated by activities of the applicants' group companies within the telecommunications industry constituted 'eligible revenue' for purposes of Telecommunications Universal Service Obligation (Eligible Revenue) Regulations 1998 (Cth)
  2. 2 Whether the regulation is invalid as outside legislative power or so oppressive, capricious, or disproportionate as to warrant invalidity
  3. 3 Proper construction of 'worked out on a group basis' in the Regulations

Ratio Decidendi

The Telecommunications Universal Service Obligation (Eligible Revenue) Regulations 1998 (Cth) validly provide for a group’s telecommunications sales revenue to be attributed to a participating carrier, even where that carrier did not itself derive revenue during the relevant year, as ‘eligible revenue’ is a statutory fiction and the regulations are within the scope of the legislative scheme; the regulations are not so arbitrary or disproportionate as to warrant invalidity.

Court Disposition

application dismissed with costs

Orders

  • The application be dismissed with costs.