I cannot tell you if there is a conflict. The only authority is the High Court.
The fact that the States have had the Act all along and have just amended it is evidence they have the power to make laws on who can sell exotic birds.
The same exists here. The sale of exotic and native species is controlled by the states.
But the Commonwealth controls their importation.
A constitutional lawyer is what you need to be able to run this type of case.
Contact the Law Institute of Victoria and get a referral. Also make sure others in your position are also involved to share the costs.
Their website is http://www.liv.asn.au/
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