Nicholas in his Australian Constitution, 2nd ed., p. 303, refers to three tests of inconsistency or repugnancy: (1)There may be inconsistency in the actual terms of the competing statutes (R. vs Brisbane Licensing Court; , (2)Though there may be no direct conflict, a State law may be inoperative because the Commonwealth law, or the award of the Commonwealth Court, is intended to be a complete exhaustive code (Clyde Engineering Co. Ltd. vs Cowburn, (3) Even in the absence of intention a conflict may arise when both State and Commonwealth seek to exercise their powers over the same subject matter (Victoria vs Common wealth; , ; Wenn 425 vs Attorney General (Vict.); , Isaacs, J. in Clyde Engineering Company, Limited vs Cowburn(1) laid down one test of inconsistency as conclusive: "If, however, a competent legislature expressly or implicitly evinces its intention to cover the whole field.