15Constitutional limitations—maritime transport

15 Constitutional limitations—maritime transport

The Minister must not direct the Inspector to inquire into a transport security matter in relation to a ship or maritime transport unless: (a) the matter relates to a ship engaged in, or maritime transport conducted in the course of, trade or commerce with other countries or among the States; or (b) the matter affects or involves maritime 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 a ship 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 maritime transport and the Parliament has the power to make laws in relation to the matter on any other basis.