14Constitutional limitations—air transport

14 Constitutional limitations—air transport

The Minister must not direct the Inspector to inquire into a transport security matter in relation to an aircraft or air transport unless: (a) the matter relates to an aircraft engaged in, or air transport conducted in the course of, trade or commerce with other countries or among the States; or (b) the matter affects or involves air transport: (i) outside Australia; or (ii) within a Territory, or to or from a Territory; or (iii) within a Commonwealth place, or to or from a Commonwealth place; or (c) the matter affects or involves an aircraft owned or operated by a constitutional corporation or Commonwealth agency; or (d) a State referral of power is in operation in relation to the matter; or (e) inquiry into a matter of that kind gives effect to an international agreement; or (f) inquiry into a matter of that kind is a matter of international concern; or (g) the direction is made for the purpose of improving the security of air transport and the Parliament has the power to make laws in relation to the matter on any other basis.