Originally Posted by
Lookleft
You might want to expand on that statement. When the Constitution came into being aviation didn't exist so how can they lay claim to aviation as part of their residual powers?
Lookleft,
I suggest you have a look at the history of litigation, right back to the '20s, the challenges to Commonwealth moves over aviation, and the ebb and flow, it is a complication that is, as far as I know, unique to Australia.
Start with the first and second Goya Henry cases.
Interestingly, the nearest is US, where "state aircraft" (such as state police services) are not subject to Federal (FAA) rules. Indeed, FAA's own fleet is not subject to FAA rules, just the policies of FAA ---- which seems to be to comply with its own rules, unless it is convenient to do otherwise.
It is clear that state services here, such as police, or NSW NPWS would also not be subject to Commonwealth rules, and such as CASA, if they chose to push the point.
Tootle pip!!