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Australia's Two-Airline Policy—Law and the Layman

Published online by Cambridge University Press:  24 January 2025

J. E. Richardson  and
H. W. Poulton
J. E. Richardson
Affiliation:
School of General Studies, Australian National University
H. W. Poulton
Affiliation:
School of General Studies, Australian National University
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Extract

One is not often called upon to review for a law journal a book which is not written either by a lawyer or specifically for a lawyer. Mr Stanley Brogden's Australia's Two-Airline Policy is such a book and its paper jacket states that the book is of particular interest for students of economics, public administration, business administration, political science and for general readers and libraries. Since, however, the Melbourne University Press is noted for its publication of serious and scholarly works, and further, because the two-airline policy cannot properly be understood without an adequate grasp of the legal and constitutional framework in which it operates, it seems quite proper to make an assessment of Mr Brogden's work. Mr Brogden is a very experienced aviation writer as the book will quickly demonstrate. It is the purpose of this review not only to assess the book on its merits but also to supplement the account of the two-airline policy by a closer examination of legal issues and some observations on the future implications of the policy.

Type
Research Article
Information
Federal Law Review , Volume 3 , Issue 1 , March 1968 , pp. 64 - 85
Copyright
Copyright © 1968 The Australian National University

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References

1 Australia's Two-Airline Policy, by Stanley Brogden. (Melbourne University Press, 1968), pp. i-xiv, 1-235. $5.75 (cloth), $2.95 (paperback). This comment is both an extended review of the book and an appraisal of the two-airline policy itself.

2 (1945) 71 C.L.R. 29.

3 Australian National Airlines Act 1945 (Cth) sections 46, 47 and 49.

4 Brogden, Australia's Two—Airline Policy (1968) 61-62.

5 Ibid. 3.

6 Ibid. 23.

7 Ibid. 188.

8 Ibid. 78.

9 Ibid. 153. See also Annual Report by the Minister for Civil Aviation (1960-1961) 22.

10 Brogden, op. cit. 166.

11 Ibid. 129.

12 Ibid. 135.

13 Ibid. 67.

14 Ibid. 3.

15 Ibid. 101.

16 Ibid. 155.

17 Ibid. 81.

18 Ibid. 99. (Both quotations).

19 Ibid. 133-134.

20 See section 11 Airlines Equipment Act 1958 (Cth) for definition of “revenue load factor” and also Richardson, , “Aviation Law in Australia” (1964-1965) 1Google Scholar Federal Law Review 242, 271-273.

21 Commonwealth Parliamentary Debates, vol. 220, 3989, 30 October 1952.

22 See, however, clause 9 (2) of Airlines Agreement 1961.

23 The Act as amended to 1961 is available as an official reprint.

24 Brogden, op. cit. 52.

25 Section 51 (xxix.).

26 The King v. Burgess; Ex parte Henry (1936) 55 C.L.R. 608.

27 Brogden, op. cit. 53.

28 Airlines of New South Wales Pty Limited v. New South Wales (1964) 113 C.L.R. 1.

29 Brogden, op. cit. 163.

30 (1965) 113 C.L.R. 54.

31 Brogden, op. cit. 165.

32 Section 92 reads: “On the imposition of uniform duties of customs, trade, commerce, and intercourse among the States, whether by means of internal carriage or ocean navigation, shall be absolutely free.”

33 The Commonwealth v. Bank of New South Wales (the Banking Case) (1949) 79 C.L.R. 497, 639-641.

34 Brogden, op. cit. 101.

35 (1965) 113 C.L.R. 177.

36 Brogden, op. cit. 1.

37 Ibid. 207-208.

38 Had the Commonwealth agreed to the operation of Caravelles it would have incurred additional expenditure on its aerodromes and airport facilities which, in the event, it avoided for about six years until the pending introduction of the Boeing 727s.

39 Australian Labor Party, Platform, Constitution and Rules, Adelaide 1967, 23.

40 Border Morning Mail, Albury, New South Wales, 26 March 1968.