Part 3Telecommunications service obligations
Remedies and miscellaneous: Miscellaneous
100Right of appeal to High Court
The following persons and (as applicable) the Crown may appeal to the High Court against the following matters:
- a liable person, against a determination of the Commission, in relation to that person, of the matter referred to in section 88(a):
- a TSO provider, against a direction of the Commission under section 94A(1) or 94B(3):
- a liable person, TSO provider, or the Crown, against a determination of the Commission in respect of a matter referred to in section 94K(1)(a) to (g).
An appeal under subsection (1) may be on a question of law only.
If an appeal or judicial review proceedings are commenced about a liability allocation determination, TSO cost calculation determination, or direction under section 94A(1), the determination or direction continues to have effect and is enforceable as if the proceedings had not been commenced until the proceedings are finally disposed of.
To avoid doubt, the obligations to pay money imposed by sections 89 and 94L continue to have effect and are enforceable despite any appeal or judicial review proceedings about a determination that relates to those payments, until the proceedings are finally disposed of.
TSO provider, in subsection (1), means the TSO provider under the TSO instrument to which the direction or determination relates.
Notes
- Section 100: substituted, on , by section 17 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).


