Beyond the obvious errors in the State regulations as of 2012, such as referring to non existant Certification Trade Marks and the differences between each State, there are a number of other areas in which the regulations are in conflict with State, Federal and International agreements.

The first one is the constitution. Section 109 of the Constitution provides that if a valid Commonwealth law is inconsistent with a law of a State Parliament, the Commonwealth law operates and the State law is invalid to the extent of the inconsistency.

The international agreements relevant to motorcycle helmets are listed below.

Australia and New Zealand are signatories to the WTO. Under WTO rules Australia is committed to removing technical barriers to trade and using international standards where such standards exist. In addition under WTO rules the Federal Government is required to ensure any local or state government regulations meet the international obligations. AS1698 is a technical barrier to trade.

Australia and New Zealand have become contracting parties to the United Nations Agreement Concerning the Adoption of Uniform Technical Prescriptions for Wheeled Vehicles, Equipment, and Parts, and the Conditions for Reciprocal Recognition of Approvals Granted on the Basis of these Prescriptions, known as the 1958 UN Agreement. Helmets are item 22 of this agreement.

New Zealand signed the agreement on UNECE 22.05 in 2002, Australia has adopted 32 other items but has not signed item 22.

The agreement between New Zealand and each of the Australian States. All States signed this agreement in 1993. and passed legislation to give force to the agreement. The States have not adjusted the helmet road use regulations to be the same as the New Zealand helmet road use regulations. ie allow UNECE 22.5, BSI, DOT, JIS and Snell standards.

The Trans Tasman Mutual Recognition Arrangement between Australia and New Zealand which came into operation in 1998. The TTMRA is an extension of, the Mutual Recognition Agreement (MRA) between the Commonwealth, States and Territories of Australia. It specifically addresses different standards for goods and duplicative testing and certification requirements. The TTMRA commenced operation in each State on the date of proclamation of State legislation. It states " goods that may legally be sold in New Zealand may be sold in Australia, regardless of differences in standards or other sale-related regulatory requirements between Australia and New Zealand". Australia has not honoured this agreement in the case of helmets.

Under this agreement Australia has agreed to remove Technical Barriers to Trade. AS/NZS 1698 is one of the barriers not removed by Australia but has been removed by New Zealand by allowing the use of UNECE 22.5, BSI, DOT, JIS and Snell standards.

The NTC has recommended that Australia pursue mutual recognition between Australia and New Zealand through the provisions of the 1958 UN Agreement (UNECE WP29). For helmets this means adopting UNECE 22.05.