Mosaic Brands Ltd v Australian Communications and Media Authority [2022] FCAFC 79

Mosaic Brands Ltd v Australian Communications and Media Authority [2022] FCAFC 79

Section 522 of the Telecommunications Act 1997 (Cth) is subject to an implied entitlement disclosure condition, but the condition required only that the Notice disclose with sufficient clarity the relationship between the information and documents sought and the ACMA telecommunications function or power being exercised. The Notice did so by identifying complaints received between 10 October 2019 and 31 July 2020, suspected contraventions of ss 16 and/or 18 of the Spam Act 2003 (Cth), the ACMA investigation into Mosaic's associated conduct, and the relevance of the requested information and documents to that investigation. The Notice was not required to identify each complaint or each...

Jurisdiction
Australia
Judgment Date
13 May 2022
Procedural Posture
Appeal From Mosaic Brands Ltd V Australian Communications and Media Authority [2021] FCA 669 / Full Court Appeal; Notice of Contention
Outcome
Notice of contention dismissed; appeal dismissed with costs.
Legal Topics
['validity of Notice Under S 522 of the Telecommunications Act 1997 (cth)' 'implied Entitlement Disclosure Condition' 'acma Information Gathering Powers' 'investigation of Suspected Contraventions of the Spam Act 2003 (cth)' 'content Required on Face of Statutory Notice']
['administrative Law' 'telecommunications Law' 'statutory Interpretation' 'regulatory Investigations'] ['validity of Notice Under S 522 of the Telecommunications Act 1997 (cth)' 'implied Entitlement Disclosure Condition' 'acma Information Gathering Powers' 'investigation of Suspected Contraventions of the Spam Act 2003 (cth)' 'content Required on Face of Statutory Notice']

Case Brief

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Procedural Posture

Appeal From Mosaic Brands Ltd V Australian Communications and Media Authority [2021] FCA 669 / Full Court Appeal; Notice of Contention

Legal Issues

  1. 1 ['Whether s 522 of the Telecommunications Act 1997 (Cth) is subject, as a condition of validity, to an implied entitlement disclosure condition.' 'If such a condition exists, what its content is.' 'Whether the Notice issued by the ACMA to Mosaic Brands Ltd satisfied that condition.']

Ratio Decidendi

Section 522 of the Telecommunications Act 1997 (Cth) is subject to an implied entitlement disclosure condition, but the condition required only that the Notice disclose with sufficient clarity the relationship between the information and documents sought and the ACMA telecommunications function or power being exercised. The Notice did so by identifying complaints received between 10 October 2019 and 31 July 2020, suspected contraventions of ss 16 and/or 18 of the Spam Act 2003 (Cth), the ACMA investigation into Mosaic's associated conduct, and the relevance of the requested information and documents to that investigation. The Notice was not required to identify each complaint or each...

Court Disposition

Notice of contention dismissed; appeal dismissed with costs.

Orders

  • ['The notice of contention is dismissed.' 'The appeal is dismissed.' "The appellant is to pay the respondents' costs, to be agreed or assessed."]