Seven Network Ltd v Australian Competition and Consumer Commission

Seven Network Ltd sought declarations and orders regarding a notice served by the Australian Competition and Consumer Commission (ACCC) under section 155 of the Trade Practices Act 1974 (Cth) (TP Act). The ACCC had required Seven Network to furnish certain information relating to three matters, which were thought to constitute or may constitute contraventions of section 52 of the TP Act. These matters involved broadcasts and related website content concerning a mentoring program marketed as 'Wildly Wealthy Women'. The primary judge dismissed Seven Network's application, and Seven Network appealed to the court.

The legal issues before the court were whether the matters identified in the Notice could constitute contraventions of section 52 of the TP Act, and whether the Notice was authorised and valid. A key issue was the applicability of section 65A of the TP Act, which provides exemptions for certain prescribed information providers, to the matters in question.

The court examined whether the exemption under section 65A precluded the matters from being considered contraventions of section 52. The court found that while section 65A applied to Seven Network, it did not extend to all forms of publication by Seven Network, such as advertisements or publications made pursuant to a contract for the supply of services. Therefore, the matters identified in the Notice were not precluded from constituting contraventions of section 52. Consequently, the court held that the Notice was authorised and valid, and dismissed the appeal.

The court further ordered that the appeal be dismissed and that Seven Network pay the ACCC's costs.