16Constitutional limitations—rail transport

16 Constitutional limitations—rail transport

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