The Constitution came into effect 3 years b4 Wright Brothers first flight so power and scope to legislate comes from section s51 of Constitution - international and interstate trade and commerce, external affairs and aquisition of property.
Air Navigation Act 1920 derived from "external affairs" by ratifying Paris convention.
R v Burgess;Ex parte Henry (1936) 55 CLR 608 found that where ANRs are in conflict with Paris convention they are unconstitutional hence invalid. In this case a pilot was found not guilty for flying without a licence because it was intrastate (around Mascot).
1937 Government convened meeting with States. States adopt ANRs as State Law.
1965 High Court case finds that Commonwealth no longer depended on the States to enforce ANRs on intrastate operations hence federal laws apply throughout.
Hope this helps a little. I am only 1 quarter through my aviation law course so can't fully answer the question. Sorry.