Airlines of NSW Pty Ltd v New South Wales [No 2] [1965] HCA 3

High Court of Australia Barwick C.J. McTiernan, Kitto, Taylor, Menzies, Windeyer and Owen JJ. Airlines of NSW Pty Ltd v New South Wales [No 2] [1965] HCA 3

ORDER The Court answers the questions referred to it as follows: Question 1. Whether the provisions of regs. 6, 198, 199, 200B, 320A and 320B of the Air Navigation Regulations, in so far as they purport to relate to regular public transport operations (as defined by the Regulations) solely within the State of New South Wales, are valid laws of the Commonwealth. Answer: Regulation 6. There is no need for any further answer in relation to this regulation than is given in the answers in relation to regs. 198, 199, 200B, 320A, 320B. Regulations 198, 199, 320A, 320B. These regulations are all valid in so far as they apply by virtue of reg. 6 to intra-State air navigation. Regulation 200B. This regulation is invalid in so far as it purports by virtue of reg. 6 to apply to intra-State air navigation. Question 2. If so, whether such laws are inconsistent with the provisions of the Air Transport Act, 1964. Answer: No provision of the Air Transport Act is inconsistent with such valid regulations. Order that the plaintiff pay the defendants' costs of the reference to the Full Court.

Cur. adv. vult.

The following written judgments were delivered:—

1965, Feb. 3 Barwick C.J.

The plaintiff is an airline operator conducting public air transport services both of passengers and of goods between the Kingsford Smith airport, Sydney, and a number of places in the State of New South Wales. Prior to 12th October 1964 it held licences issued to it by the Commissioner for Motor Transport (the Commissioner) under the provisions of the State Transport (Co-ordination) Act, 1931-1956 N.S.W. (the Transport Co-ordination Act) in respect of all its aircraft used in these intra-State air transport services.