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The Queen v. Public Vehicles Licensing Appeal Tribunal of Tasmania; Ex Parte Australian National Airways Pty Ltd

Published online by Cambridge University Press:  24 January 2025

P. Buchanan
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Type
Case Notes
Information
Federal Law Review , Volume 1 , Issue 2 , June 1965 , pp. 324 - 327
Copyright
Copyright © 1965 The Australian National University

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Footnotes

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.

References

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 theCommonwealth with respect to:– … (xxxvii.) Matters referred to the Parliament of the Commonwealth 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 Parliament of the Commonwealth for a period commencing on the date on whichthis Act commences and ending on the date fixed, pursuant to section three, as the date on whichthis Act shall cease to be in force, but no longer.;’S. 3 provides–‘ The Governor may at any time, by proclamation, fix a date 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 2 April 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 … ’.

5 (1964) 37 A.L.J.R. 503, 507.

6 Ibid. A similar view was expressed by Dr Evatt, Sir Robert Garran, Sir George Knowles, and Professor Bailey in a series of opinions on a model bill drafted in 1942 referring certain powers to the Commonwealth. See (1943) 16 Australian Law Journal 323.

7 (1964) 37 A.L.J.R. 503, 508.

8 (1964) 37 A.L.J.R. 399.

9 Ibid. 413. Professor Sawer, in an article in (1957) 4 University of Western Australia Annual Law Review 1 also argued that a State cannot amend or revoke a reference, on the ground of the uncertainty and inconvenience that would result from a power to revoke or amend.

10 For an accbunt of these failures, see the article by R. Anderson in (1951) 2 University of Western Australia Annual Law Review 1.

11 See, for example, the range of legal opinions on the proposal of the States to grant powers to the Commonwealth Parliament for five years from the end of WorldWar II, in (1943) 16 Australian Law Journal 323. [1965] A.C. 172; [1964] 2 W.L.R. 1301; [1964] 2