State border closures illegal under the highest law in the country?

bigbadbyrnes

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Everything is arguable in law, doubly so in constitutional law. This is a matter for the high court.

But here's my opening argument;

Section 92 of the highest law in the country sets out "On the imposition of uniform duties of customs, trade, commerce, and intercourse among the States, whether by means of internal carriage or ocean navigation, shall be absolutely free. "

Per Cole vs Whitfield 1988 "The notions of absolutely free trade and commerce and absolutely free intercourse are quite distinct". Sec92 clearly sets out the law for interstate trade, but also 'intercourse'.

And on the matter of what intercourse means, per Gratwick v Johnson 1945 it's the ability "to pass to and fro among the States without burden, hindrance or restriction".

Border closures, (and arguably although less certainly isolation requirements), are therefore inconsistent with the highest law in the country and should be set aside.

No one is talking about it, any legal eagles here explain? There's no room on the news for this at the moment, but if people start to fed up with the restrictions, it's worth getting them tested in the high court.

edit:

I think this analysis will answer all your questions: States are shutting their borders to stop coronavirus. Is that actually allowed?

Short version: if there are good public health grounds (for example states of emergency), those laws are likely to be held valid.

Could be worth testing if an individual could be proven to be not a thread to public health, but that would be the exception. Thanks MEL_Traveller for sharing the article.

/thread
 
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Meanwhile in NSW as of yesterday I get an extra 14 days holiday quarantine if I have returned from Melbourne. NSW Health now asking all staff and visitors if they have been in Melbourne last 14 days. Excluded from work/ visiting someone if they have.
 
The Federal Court trial will be on 13 and 14 July. It looks like it will be held before Rangiah J in Brisbane.

For eager internet scouters, here is where you can find Federal Court info - Search:Disclaimer

The orders from the Fed Ct directions hearing on 22 June are here - https://www.comcourts.gov.au/file/Federal/P/QUD183/2020/3892462/event/30348421/document/1624028

Thanks for this Anna, I've been searching for exactly this - quality/official information. I have no confidence in the media to report on anything. I'd rather have a crack at reading and understanding the material myself with a small chance I'll actually understand it correctly than rely on a media report which I know for a fact will be rubbish :)
 
It seems SA is still on track to release restrictions throughout Australia on July 20 but will require those from hot spot post codes to self quarantine on arrival. I'm guessing that these people won't be worrying too much about travelling to SA during our winter, actually, most people won't be in a hurry to visit here right now. Of course, this date fits conveniently with the next round of AFL programmes, doesn't it! 😉. But already nervous nellies are refusing to throw off their doona and the skies are falling.
 
It seems SA is still on track to release restrictions throughout Australia on July 20 but will require those from hot spot post codes to self quarantine on arrival. I'm guessing that these people won't be worrying too much about travelling to SA during our winter, actually, most people won't be in a hurry to visit here right now.

I think you'd be surprised, remember families are spread all across Australia, there will be significant travel associated with reconnecting with loved ones, then add on the more confident tourists (young people, fit people probably won't care) and some business will return. Adelaide still has business right :p :cool:

It is heartening to see one premier who isn't running round like chicken little though and staying firm on opening dates.
 
I think you'd be surprised, remember families are spread all across Australia, there will be significant travel associated with reconnecting with loved ones, then add on the more confident tourists (young people, fit people probably won't care) and some business will return. Adelaide still has business right :p :cool:

It is heartening to see one premier who isn't running round like chicken little though and staying firm on opening dates.
Both SA and NT Premiers have stood firm on dates but said those from hotspots would still be required to do the 14 days quarantine .
 
It is heartening to see one premier who isn't running round like chicken little though and staying firm on opening dates.

Haven’t they all been fairly consistent and firm in their programmes to ease restrictions?

The only ‘confusion’ has been wilful confusion by those who don’t like the restrictions. And who somehow think opening the borders will save Virgin, save qantas, save the thousands of cafes, restaurants and bars that have been forced to close. And theme parks and tourist attractions.

The ‘agitators’ constantly point to other countries, various ‘medical experts’, even people who can’t get traction in their own countries are rolled out on shows like ‘outsiders’ to try and undermine what has actually been pretty clear messaging from the outset.
 
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Haven’t they all been fairly consistent and firm in their programmes to ease restrictions?

The only ‘confusion’ has been wilful confusion by those who don’t like the restrictions. And who somehow think opening the borders will save Virgin, save qantas, save the thousands of cafes, restaurants and bars that have been forced to close. And theme parks and tourist attractions.

The ‘agitators’ constantly point to other countries, various ‘medical experts’, to try and undermine what has actually been pretty clear messaging from the outset.
From afar it seems like Anna is a bit of a flip flopper but those closer to QLD will probably disagree
 
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From afar it seems like Anna is a bit of a flip flopper but those closer to QLD will probably disagree

Oh no - this Queenslander AGREES with you!! I suspect a majority will also agree in a few months (our election) too ;)
 
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At least the State CMO is likely to keep their job a bit longer than to the next election lol
But possibly not much longer.If the LNP wins the election it will because marginal tourism dependent seats swung to them.I doubt the tourism operators would like to see the current CMO continue in the job.

According to Antony Green 10 ALP seats out of the 18 needing a swing of less than 6% are on the coast and 7 of those in FNQ.

The LNP need 9 seats to win.
 
Oh no - this Queenslander AGREES with you!! I suspect a majority will also agree in a few months (our election) too ;)
And this one doesn't. She has always said a decision will be made at end of June. I hope she keeps the border closed until the Southern (2nd tier???) states get their act together - we dont need your infections up here thanks !!!
 
According to Antony Green 10 ALP seats out of the 18 needing a swing of less than 6% are on the coast and 7 of those in FNQ.

The coastal tourism communities and FNQ are waiting with sledgehammers...

The only thing she can do to save her government is open the borders and let them try and operate in a covidsafe manner, like the ads on TV are telling us we should be but unfortunately we don't have any tourists to try with....
 
And this one doesn't. She has always said a decision will be made at end of June. I hope she keeps the border closed until the Southern (2nd tier???) states get their act together - we dont need your infections up here thanks !!!
Actually, just Victoria. SA, WA and Tasmania are doing better than Queensland.
 
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