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| Airlines of New South Wales Pty Ltd v New South Wales (No 2) ： ウィキペディア英語版 |
Airlines of New South Wales Pty Ltd v New South Wales (No 2)
''Airlines of New South Wales Pty Ltd v New South Wales (No 2)'' (1965) 113 CLR 54 was a High Court of Australia case about the validity of Commonwealth regulations about intrastate air navigation. Although the Commonwealth has the power to regulate interstate air navigation under s 51(i) of the Constitution, it can only regulate intrastate air navigation under the implied incidental power attached to that head of power. It was held that intrastate air navigation can be regulated to the extent that it provides for the safety of, or prevention of physical interference with, interstate or foreign air navigation.
== Background ==
The ''Air Navigation Regulations'' (Cth) was made to apply to intrastate air navigation by the enactment of regulation 6(1)(f). Regulation 198 prohibited the use of an aircraft in regular public transport operations except pursuant to a licence issued by the Director-General of Civil Aviation, who, according to regulation 199(4), will have regard to the "safety, regularity and efficiency of air navigation and to no other matters". Regulation 200B stated that "an airline licence authorizes the conduct of operations in accordance with the provisions of the licence".
The plaintiff, Airlines of New South Wales, had applied unsuccessfully for a licence to perform commercial air operations between Sydney and Dubbo, and then sought to challenge the validity and constitutional consistency of the Air Transport Act (NSW).
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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