Commonwealth Consolidated Acts

INTERSTATE ROAD TRANSPORT ACT 1985 - SECT 49

             (1)  A power conferred by sections 9, 11 and 26, subsection 27(8), section 30 and subsection 32(2) on the Minister or on a Regulatory Authority and a power conferred on a court by subsections 27(1), (2) and (7) shall not be exercised in such a manner that:

                     (a)  trade, commerce and intercourse among the States is not absolutely free within the meaning of section 92 of the Constitution; or

                    (aa)  trade, commerce or intercourse between the Australian Capital Territory and a State is not absolutely free within the meaning of section 69 of the Australian Capital Territory (Self‑Government) Act 1988 .

                     (b)  trade, commerce or intercourse between the Northern Territory and the States is not absolutely free within the meaning of section 49 of the Northern Territory (Self‑Government) Act 1978 .

             (2)  In subsection (1), State does not include the Australian Capital Territory or the Northern Territory.