17Constitutional limitations—road transport

17 Constitutional limitations—road transport

The Minister must not direct the Inspector to inquire into a transport security matter in relation to a road vehicle or road transport unless: (a) the matter relates to a road vehicle engaged in, or road transport conducted in the course of, trade or commerce among the States; or (b) the matter affects or involves road 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 road vehicle owned or operated by a constitutional corporation or Commonwealth agency; or (d) the matter affects or involves a road 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 road transport and the Parliament has the power to make laws in relation to the matter on any other basis.