Bayside City Council v Telstra Corporation Limited

Local government – Council – Rates and charges – Respondent corporations were carriers licensed under the Telecommunications Act 1997 (Cth) – Respondent carriers installed underground and aerial coaxial cabling in local government areas under the responsibility of the various local authorities – Local authorities in New South Wales resolved to make charges pursuant to Local Government Act 1993 (NSW), s 611 in respect of respondents' underground and aerial cabling – Local authorities in Victoria declared and levied rates on land occupied by respondents' cables pursuant to Local Government Act 1989 (Vic), Pt 8 – Statutory provisions provided exemptions from relevant charges or rates in respect of other owners or occupiers of public land – Whether State laws imposing such rates and charges discriminated against respondent carriers within meaning of Telecommunications Act 1997 (Cth), Sched 3, cl 44, and were therefore invalid under the Constitution, s 109.

Constitutional Law (Cth) – Powers of the Parliament – Whether provision conferring upon respondent carriers an immunity from discriminatory burdens imposed upon them in their capacity as carriers by State or Territory laws is a law with respect to postal, telegraphic, telephonic and other like services – Constitution, s 51(v) – Inconsistency between Commonwealth and State laws – Constitution, s 109 – Whether immunity conferred by a federal law, having regard to its substance and operation, in a significant manner curtailed or interfered with the capacity of States to function as governments.

Constitution – ss 51(v), 109.

Telecommunications Act 1997 (Cth) – Sched 3, cl 44.

Local Government Act 1993 (NSW) – s 611.

Local Government Act 1989 (Vic) – Pt 8.