The Queen v. Public Vehicles Licensing Appeal Tribunal of Tasmania; Ex Parte Australian National Airways Pty Ltd1
| Published date | 01 June 1965 |
| DOI | 10.1177/0067205X6500100209 |
| Date | 01 June 1965 |
| Author | P. Buchanan |
| Subject Matter | Case Notes |
CASE NOTES
THE
QUEEN v. PUBLIC VEHICLES LICENSING APPEAL
TRIBUNAL
OF
TASMANIA;
EX
PARTE AUSTRALIAN
NATIONAL AIRWAYS PTY LTD1
Constitutional
law-Matters
referred by States-Reference revocable by
Governor-in-Council-Valid-Constitution section
51
(xxx
vii)
2_
Commonwealth Powers (Air Transport)
Act
1952
(Tas.).
The Traffic Act
1925-1961
(Tas.) provided for the issue
of
aircraft
licences by the Transport Commission and prohibited the use
of
air-
craft without alicence. Section
30B
provided that any person who,
being the holder
of
any licence, was aggrieved by the grant
of
alicence
to any other person, might appeal from the decision
of
the Commission
granting the licence to the Public Vehicles Licensing Appeal Tribunal.
The Commonwealth Powers (Air Transport) Act
1952
(Tas.) referred
the matter
of
air transport in Tasmania to the Parliament
of
the Com-
monwealth.3Trans-Australia Airlines, operating on intrastate air
routes under section
19A
4
of
the Australian National Airlines Act
1945-
1961
(Cth),was granted aircraft licences by the Transport Commission
to operate within the State
of
Tasmania.
Ansett-A.N.A. appealed under section
30B
of
the Traffic Act
to
the
Public Vehicles Licensing Appeal Tribunal from this decision and argued,
inter alia, that the Commonwealth Powers (Air Transport) Act did not
effectively refer the matter
of
air transport to the Commonwealth
Parliament. The Tribunal dismissed the appeal, holding that there
was avalid reference within the meaning
of
section
51
(xxxvii) and that
by virtue
of
section
19A
of
the Australian National Airlines Act, Trans-
Australia Airlines did not need alicence under the State Act.
1(1964) 37 A.L.J.R. 503, [1964] A.L.R. 918. High Court
of
Australia; Dixon C.J.,
Kitto, Taylor, Menzies, Windeyer and Owen JJ.
2
S.
51
(xxxvii)
provides-'
The Parliament shall, subject to this Constitution, have
power to make laws for the peace, order, and good government
of
the Commonwealth
with respect
to:-
...
(xxxvii.) Matters referred to the Parliament
of
the Common-
wealth by the Parliament
or
Parliaments
of
any State
or
States
but
so
that
the law
shall extend only to States by whose Parliaments the matter is referred,
or
which
afterwards adopt the
law'.
3
S.
2
of
the Act
provides-'
The matter
of
air transport is referred to the Parlia-
ment
of
the Commonwealth for aperiod commencing
on
the date on which this Act
commences and ending
on
the date fixed, pursuant to section three, as the date
on
which this Act shall cease to be in force,
but
no longer.'
S.
3
provides-'
The
Governor may
at
any time, by proclamation,
fix
adate
on
which this Act shall cease
to
be in force,
and
this Act shall cease to be in force accordingly
on
the date so fixed.'
The Act commenced
on
2April 1959 (S.R. 1959, No. 45).
4
S.
19A
(1)
provides-'
Where the Parliament
of
any State has
...
by any State
Act, referred to the Parliament
of
the Commonwealth the matter
of
air transport,
or
the matter
of
the regulation
of
air transport, the Commission may, subject to this
section, during the period
of
operation
of
that
State Act,
or
during any extension
of
that
period-(a)
establish airline services for the transport for reward
of
passengers
and goods within that State
...
'
324
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