The Australian Communications and Media Authority (ACMA) welcomes the judgment handed down on Friday 13 May 2022 by the Full Federal Court of Australia in relation to an appeal brought by Mosaic Brands Ltd.
In February 2020, the ACMA commenced an investigation into Mosaic Brands’ compliance with the Spam Act 2003 (Spam Act) after receiving complaints from consumers. In undertaking the investigation, the ACMA gave notice to Mosaic to produce certain documents and information using powers under the Telecommunications Act 1997 (Tel Act).
In June 2020, Mosaic Brands applied to the Federal Court on the grounds that the ACMA’s decision to give the notice was not authorised by the Tel Act and involved an error of law.
In June 2021, the Federal Court dismissed that application and Mosaic Brands then appealed the decision.
On 13 May 2022, the Full Court ordered that the appeal by Mosaic Brands be dismissed and that the company pay the ACMA’s costs.
In making the orders, the Court determined that the notice in question made clear what documents and information were required and why the ACMA was entitled to require their production. The Court also noted that such notices should not be read using an approach that was precious, over-technical or hypercritical.
The ACMA now expects Mosaic Brands to comply with the notice and will progress its investigation into Mosaic Brands’ suspected non-compliance with the Spam Act.