Judgment
The King on the Application of Infinity Broadband Limited (Trading as C3 Pure Fibre) v The Utility Regulation and Competition Office - Judgment
Civ App 0031/2023 · 2024-11-29
Lawfulness of licence fees under the ICT Act; requirement for licence fees to be prescribed by regulations; whether a licence can constitute regulations under the Interpretation Act; statutory authority required to levy a tax; public availability and publication of regulations; judicial review leave threshold; scope of delegated legislation; impact of proposed validating legislation on pending proceedings
Full metadata
| Cause Number | Civ App 0031/2023 |
|---|---|
| Court | CICA (Civ) |
| Judge | Birt JA, Martin JA, Montgomery JA |
| Parties | The King on the Application of Infinity Broadband Limited (Trading as C3 Pure Fibre) v The Utility Regulation and Competition Office - Judgment |
| Judgment Date | 2024-11-29 |
| Subject | Lawfulness of licence fees under the ICT Act; requirement for licence fees to be prescribed by regulations; whether a licence can constitute regulations under the Interpretation Act; statutory authority required to levy a tax; public availability and publication of regulations; judicial review leave threshold; scope of delegated legislation; impact of proposed validating legislation on pending proceedings |
| Filename (current) | 24-11-29_infinity_broadband_limited_trading_as_c3_pure_fibre_v_the_utility_regulation_and_competition_office_-_judgment.pdf |
Legislation cited
| Statute | Sections cited | Mentions |
|---|---|---|
| Information and Communications Technology Act | 23, 30, 34, 97, 97(3) | 13 |
| Interpretation Act | 29, 3, 61 | 8 |
| Utility Regulation and Competition Act | 91, 91(11) | 4 |
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