Re: BLs vs NRS

[telljb@ozemail.com.au (< Tell >)]

"Ben Staples" <98711576@student.hawkesbury.uws.edu.au>
wrote:
>
>Maybe what they should do is build a new crossing of the Blue Mountains. You
>know, something along the lines of the Channel Tunnel. Make driving trucks
>over the mountains illegal and force all trucks to go piggyback.


Er, there is the slight problem of section 92 of the
Australian Constitution.  The NSW Government was ruled
against in the Privy Council many years ago with the
Hughes & Vale Motor Carriers case, NSW then tried to
amend the legislation and the High Court squashed that.

I know a lot of folks hanging around this group think
all you have to do is legislate heavy trucks off the
road and force all freight onto rail.  Section 92 of
our constitution GUARANTEES free trade between states,
it prevents amongst other things, the Commonwealth and
States from using fascist powers over the transport
industry.  Sorry, the o'l 92 in our Constitution will
have to be amended, and there is no chance of that.!
 
Rail in Oz will have to get a little smarter, something
a lot of them have never practised before.

----Terry Burton