Australian National Airlines Commission v The Commonwealth

The High Court of Australia considered a dispute between the Australian National Airlines Commission (ANAC) and the Commonwealth of Australia. The core of the disagreement concerned the validity of certain regulations made by the Commonwealth under the *Air Navigation Act 1920* (Cth) which ANAC contended were beyond the scope of the legislative power conferred by the Act and, therefore, invalid.

The primary legal issue before Mason J was whether the *Air Navigation Regulations* (Cth), specifically regulation 106, were a valid exercise of the power granted to the Governor-General by section 6 of the *Air Navigation Act 1920* (Cth). This involved determining the proper construction of section 6 and whether regulation 106, which imposed certain conditions on the operation of aircraft, fell within the ambit of that legislative grant.

Mason J reasoned that the *Air Navigation Act 1920* was enacted to give effect to Australia's obligations under the International Convention for the Regulation of Aerial Navigation. He found that section 6 of the Act conferred a broad power to make regulations for the purpose of carrying out the Convention and for ensuring the safety and regularity of air navigation. His Honour concluded that regulation 106, by prescribing standards for aircraft construction and maintenance, was a necessary and appropriate means of achieving these objectives and was therefore a valid exercise of the power conferred by section 6.