Recent Cases

State of Queensland v Telecommunications Industry Ombudsman [2022] FCAFC 158 (16 September 2022) (Besanko, Middleton and Rangiah JJ)


Catchwords:


COMMUNICATIONS LAW – Telecommunications Act 1997 (Cth) Sch 3 cl 7 – meaning of “maintenance” as part of power to “maintain a facility” – whether maintenance includes the installation of a new fibre optic cable in a conduit or duct owned by a third party with whom access agreement entered – where consent of landowner required absent authorisation to install or maintain facility under the Act – held: installation of proposed facility not within power to maintain – appeal allowed

COMMUNICATIONS LAW – Telecommunications Act 1997 (Cth) Sch 3 cl 11 – Telecommunications Code of Practice 2018 (Cth) s 6.29(e) – whether failure to make reasonable efforts to enter into an agreement with the State could be a basis for objecting to the proposed activities

COMMUNICATIONS LAW – Telecommunications Code of Practice 2018 (Cth) s 6.29(b) – whether onus is on an objector to show an alternative location for a proposed activity