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Old 10th Jul 2018, 05:56
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Lead Balloon
 
Join Date: Nov 2001
Location: Australia/India
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The constitutional concept is “referral” of power. Yes - some states did refer some aviation-related powers to the Commonwealth. However, it may be that that which the states referred may be un-referred. Here are some words from a bloke who became the Chief Justice of the High Court of Australia:
There is an important open question as to whether a reference unlimited in time is irrevocable.[40] However there is little controversy that a referral may be for a fixed period.[41] The uncertainty as to whether a reference unlimited in time is revocable will no doubt have the consequence that for the foreseeable future most, if not all, references will contain a sunset clause.
See: French, Justice Robert --- "The referral of state powers - cooperative federalism lives?" (FCA) [2003] FedJSchol 3

Might not make any difference so far as laws relating to aviation safety are concerned. That horse has long since bolted and been captured by the Commonwealth.
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