Commonwealth Consolidated Acts

INTERSTATE ROAD TRANSPORT ACT 1985 - SECT 52

             (1)  It is the intention of the Parliament that this Act (except sections 12A and 12C) and the regulations shall not, subject to subsection (2), apply to the exclusion of a law of a State.

             (2)  Subsection (1) does not apply to a law of a State in so far as that law has the effect of:

                     (a)  requiring a motor vehicle or trailer that is registered under this Act and operating as mentioned in subsection 8(1) to be registered under a law of a State;

                     (b)  requiring compliance, in respect of a registered motor vehicle or trailer, with requirements that are directly inconsistent with requirements prescribed for the purposes of subsection 12B(1) or section 13, 37 or 39, or conditions determined under subsection 43A(2);

                     (c)  requiring a person who holds a federal operator's licence and is carrying on long distance interstate road transport business to hold a licence or other authority under a law of a State authorising the person to carry on long distance interstate road transport business generally or, except in such circumstances as are prescribed, long distance interstate road transport business specified in that law or long distance interstate road transport business included in a class of long distance interstate road transport business specified in that law; or

                     (d)  requiring:

                              (i)  a person who does not hold a federal operator's licence and is operating a registered motor vehicle or trailer as mentioned in subsection 8(1); or

                             (ii)  a person who holds a federal operator's licence and is operating a registered motor vehicle or trailer (other than a motor vehicle, or a motor vehicle and attached trailer, that is a heavy motor vehicle as defined in subsection 3(1) as mentioned in subsection 8(1);

                            to hold a licence or other authority under a law of a State authorising that operation, being a licence or authority specified in the regulations or a licence or authority included in a class of licences or authorities specified in the regulations.