CIVIL AVIATION IN AUSTRALIA

Southland Times, Issue 23044, 11 November 1936, Page 5

CIVIL AVIATION IN AUSTRALIA

GOVERNMENT CONTROL INVALIDATED (United Press Assn.—Telegraph Copyright.) (Rec. 9.10 p.m.) Melbourne, Nov. 10. The High Court delivered an important judgment, in effect declaring that the Commonwealth Parliament has no general control over civil aviation within the Commonwealth, the result being that the whole of the regulations under the Air Navigation Act of 1920 are invalidated. The judgment followed an appeal by Goya Henry, a pilot, against his conviction and the suspension of his flying licence. The Court held that Section 4 of the Air Navigation Act was invalid so far as it purported to authorize the executive to give control of civil aviation to the Commonwealth, but it was valid so far as it authorized the executive to carry out within Australia the International Air Convention. The Chief Justice (Sir John Latham) said that the Court rejected the contention that if the Commonwealth had power to legislate in inter-State and foreign aviation it must therefore have the power to regulate interstate aviation. The Controller of Civil Aviation, commenting on the Court's decision, declared that it would certainly lead to chaos. Ministerial circles are greatly concerned. They fear that the decision will also govern broadcasting. The Premier of Queensland (Mr T. Forgan Smith) said that he had expected such a decision because transport within a State, whether aerial or otherwise, was the prerogative of the State.