The Australian Constitution

Press, Volume LXXII, Issue 21938, 12 November 1936, Page 12

The Australian Constitution

The decision of the Australian High Court that the Federal Government has no general control over aviation within the Commonwealth may compel the Australian people to face squarely the problem of their constitution. Earlier in the present year the decision of the Privy Council in the “ dried fruits ” case destroyed the legal basis of the various primary produce marketing schemes. In order to save the schemes, the existence of which is essential to the prosperity of the industries affected, the Federal Government intends to hold a referendum on a proposal to amend the constitution so as to give it power over marketing. Although there is a substantial body of opinion which holds that the time has come for a general revision of the constitution in favour of the Commonwealth, the Government considers that any attempt to alter the whole basis of the constitution would almost certainly be defeated and is therefore concentrating on a more limited objective. The history of constitutional referendums suggests that this is wise, the instinct of a majority of Australians being to oppose extensions of the Commonwealth power at the expense of the States. But the latest ruling of the High Court may force the Government to take the bold course. Civil aviation has developed with remarkable rapidity in Australia in the last decade and is likely to develop even more rapidly in the next decade, since the country is becoming the terminal of air services to India and Europe, to the Far East, to the United States, to New Guinea, and to New Zealand. The invalidation of the more important parts of the Air Navigation Act of 1920 will, according to the Commonwealth Director of Civil Aviation, result in chaos. But it appears that the judgment may have even more far-reaching consequences and that the Commonwealth’s powers over other spheres of economic and social activity, including broadcasting, may also be invalidated. No doubt there would be little opposition among the State.governments to an amendment of the constitution which would bring civil aviation within Commonwealth jurisdiction; but constitutional referendums are slow and expensive and even in the most favourable circumstances uncertain in their results. The people of Australia and their governments cannot avoid the constitutional issue much longer. It is becoming plain that the Commonwealth Constitution Act belongs to a phase of political development which is past and that it is an impediment to the development of Australia as a powerful and well-governed nation.