Commonwealth v Progress Advertising and Press Agency Company Pty Ltd [1910] HCA 28

Commonwealth v Progress Advertising and Press Agency Company Pty Ltd [1910] HCA 28

Regulation 126a is ultra vires: section 97 of the Post and Telegraph Act 1901 does not authorise regulations that control or prohibit actions of persons unrelated by contract or official status to the Department beyond what is expressly provided. The powers conferred by section 97 relate to internal administration and direct relationships, not to creating a monopoly over information or imposing criminal penalties on the public for unrelated publishing. The plaintiffs have not established any ground for relief either under the regulation or under the Department’s proprietary interests.

Parties
Plaintiffs: The Commonwealth and the Postmaster-General; Defendants: The Progress Advertising and Press Agency Company Proprietary Ltd
Jurisdiction
Australia
Judgment Date
06 June 1910
Procedural Posture
Special Case Stated for the Opinion of the Full Court (high Court of Australia, Original Jurisdiction) / Final Decision on Validity of Regulation and Entitlement to Relief
Outcome
Action dismissed
Legal Topics
Ultra Vires Regulations, Statutory Interpretation, Exclusive Government Powers, Copyright and Intellectual Property (related Argument)
Administrative Law Constitutional Law Ultra Vires Regulations Statutory Interpretation Exclusive Government Powers Copyright and Intellectual Property (related Argument)

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Parties

The Commonwealth and the Postmaster-General

Plaintiffs

The Progress Advertising and Press Agency Company Proprietary Ltd

Defendants

Procedural Posture

Special Case Stated for the Opinion of the Full Court (high Court of Australia, Original Jurisdiction) / Final Decision on Validity of Regulation and Entitlement to Relief

Legal Issues

  1. 1 Whether Regulation 126a of the Telephone Regulations (Statutory Rules 1908, No. 87) is authorised by section 97 of the Post and Telegraph Act 1901 and is valid or ultra vires
  2. 2 Whether the Department has an exclusive right to publish telephone subscriber lists

Ratio Decidendi

Regulation 126a is ultra vires: section 97 of the Post and Telegraph Act 1901 does not authorise regulations that control or prohibit actions of persons unrelated by contract or official status to the Department beyond what is expressly provided. The powers conferred by section 97 relate to internal administration and direct relationships, not to creating a monopoly over information or imposing criminal penalties on the public for unrelated publishing. The plaintiffs have not established any ground for relief either under the regulation or under the Department’s proprietary interests.

Court Disposition

Action dismissed

Orders

  • Question answered in the negative: the regulation is ultra vires and invalid; the plaintiffs are not entitled to any of the relief claimed.
  • Judgment for the defendants with costs.