In Telstra Corporation Ltd v State of Queensland [2016] FCA 1213 the Federal Court of Australia has found that the provisions of the Land Regulation 2009 (Qld), which had the effect of imposing higher rents on telecommunications carriers such as Telstra Corporation for state leases, were discriminatory and invalid.
The FCA found that the Telecommunications Act 1997 (Cth) Sch 3 cl 44 prohibited state and territory legislation from discriminating against carriers without an appropriate or permissible distinction between the carriers and other leaseholders.
