CIVIL AVIATION

Hokitika Guardian, 11 November 1936, Page 6

CIVIL AVIATION

NO CONTROL BY PARLIAMENT

AUSTRALIAN COURT JUDGMENT

(Australian Press Association)

MELBOURNE, November 10,

The High Court has delivered an important judgment which, in effect, declares that the Commonwealth Parliament has no general control over .civil aviation within the Gom--monwealth, resulting in the whole of the regulations under the Air Navigation Act, 1920, becoming invalid.

The '.decision arose out of the" jeonviction of Goya Henry, a pilot, and the subsequent injunction by him against the Commonwealth. The judgment followed Hprny’s anpcol against his conviction and the suspension of his flying license. The court held that section four of the Air Navigation Act was invalid so far as it purported to authorise the executive to give control of civil aviation to the Commonwealth, but it was valid so far as it authorised the 'executive to carry out, within Australia the international air convention.

The Chief Justice, Sir John 'Latham, said the court repeated the contention that if the Commonwealth had power to legislate with rpspect to inter-state . .and ..foreign ayjg.tion, ,it must ..^or^o,re. t have power, to regulate ,interstate aviation ...

Tho Controller-of Civil Aviation commenting oil the court’s decision, declared thjit. .it .would certainly lead to jhaos. , ‘ MinTstei’iai' J oircf(!S are greatly concerned \uicl fear' thaE 1,1 the decision will also coven broadcasting. JVlr .^Ftigan 1 ’Smith, Premier of tjuccnsja'ud. said he anticipated such a decision, as' transport within

a state, whether, as aerial or otherwise, was the prerogative of that

[A well-known Sydney pilot, Goya Henry, who infringed the air navigation laws, bad his license, suspended on July 9. He was flying after sunset without lights and performing aerobatics.]