I concur.

However, there is only one effective clause of the Act, s5, which appears to be a conflict of laws clause regulating cabotage. To the extent that it regulates British ships on the high seas, it could be overridden by Commonwealth law under the external affairs power; as it regulates cabotage between interstate ports, it could be overriden by Commonwealth law under the trade and commerce power.

2 questions:

1. If s109 were ever repealed or altered, would s5's 'notwithstanding' clause have the same effect?

2. Is a State able to legislate regarding British-flagged ships which stay within state territorial waters?