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

[bigbadbyrnes]

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

 

[DC3]

In row 8!

Not the last flight of the day. I hope.

 

[Pushka]

Not the last flight of the day. I hope.

Well kind of. Its the first flight @7.30am but the only flight each day direct.

 

[DC3]

Well kind of. Its the first flight @7.30am but the only flight each day direct.

Well, here’s hoping that it departs as planned.

 

[eastwest101]

Not the last flight of the day. I hope.

What's this last flight of the day stuff? Right now looking at most current schedules it's an "only flight of the day" or a "next flight in 3-5 days time" .

Try booking a flight from say Hobart to Cairns and work out how long that would take to do.

 

[DC3]

What's this last flight of the day stuff? Right now looking at most current schedules it's an "only flight of the day" or a "next flight in 3-5 days time" ....

It’s just a prudent measure with my bookings (although not making any until things start to pick up, as my travel is not essential) never to book the last flight of the day in case it’s cancelled, or doesn’t depart for some reason. Not only JQ, but with any airline.

Of course, with the way things are at the moment and lack of flights, beggars can’t be choosers, as the saying goes.

 

[Nathant123]

Hope this is the right place to ask but in regards to Sydneysiders travelling to QLD I presume the declaration pass application is the same regardless of travelling via land or air? Filled it out and looks like something you'd affix to the windscreen of your car but I presume there will be someone on the other end to see it? Just need to fly to Brisbane for 24 hours while I still can.

 

[drron]

Yes it is the same form whether you fly or drive.they will look at it on arrival at the airport.

 

[OATEK]

Have booked SYD-HBA for late Sept. Wonder if the border will be open to NSWers by then?

 

[jakeseven7]

Have booked SYD-HBA for late Sept. Wonder if the border will be open to NSWers by then?

5% chance of free passage I reckon (sorry)

Suspect the virus would have spread much more in NSW by then and Tasmania will want to stay cordoned off with their limited healthcare capacity.

 

[drron]

QLD have our own idiots.

myGoldCoast

The Gold Coast's Best Music Variety

www.mygc.com.au

 

[Pushka]

QLD have our own idiots.

myGoldCoast

The Gold Coast's Best Music Variety

www.mygc.com.au

We all have our own idiots. Last night two Adelaide men in 2 different cars but travelling together decided they didnt need to stop at Bordertown from Victoria. A series of events including a high speed car chase, deployment of the helicopter, mutliple sightings then use of the road spikes stopped the first car and the second car gave up. They are unlicensed. They didnt want to spend time at home in iso for 14 days so now they are going to have to spend those 14 days in jail. Well, depending on the judge today.

We had an excellent magistrate the other day who refused to allow two people from Victoria bail until she was convinced that they posed no risk to the community. For some stupid reason the Police didnt oppose bail - but she put the kybosh on that. They had driven illegally across the border. Eventually they were tested and driven back to the border, dropped off without their car and told to make their own way back to Melbourne. And somehow retrieve their car from SA.

 

[DC3]

We all have our own idiots. Last night two Adelaide men in 2 different cars but travelling together decided they didnt need to stop at Bordertown from Victoria. A series of events including a high speed car chase, deployment of the helicopter, mutliple sightings then use of the road spikes stopped the first car and the second car gave up. They are unlicensed. They didnt want to spend time at home in iso for 14 days so now they are going to have to spend those 14 days in jail. Well, depending on the judge today.

Helicopter called in, road spikes used to stop two men who allegedly sped through SA border checkpoint

Two men are refused bail after allegedly speeding through a South Australian border checkpoint and fleeing for nearly 200 kilometres before being stopped by police using road spikes.

www.abc.net.au

 

[Pushka]

We all have our own idiots. Last night two Adelaide men in 2 different cars but travelling together decided they didnt need to stop at Bordertown from Victoria. A series of events including a high speed car chase, deployment of the helicopter, mutliple sightings then use of the road spikes stopped the first car and the second car gave up. They are unlicensed. They didnt want to spend time at home in iso for 14 days so now they are going to have to spend those 14 days in jail. Well, depending on the judge today.

Helicopter called in, road spikes used to stop two men who allegedly sped through SA border checkpoint

Two men are refused bail after allegedly speeding through a South Australian border checkpoint and fleeing for nearly 200 kilometres before being stopped by police using road spikes.

www.abc.net.au

They are the ones I was describing above.

 

[DC3]

They are the ones I was describing above.

Yes, based on your report, I have posted the link.

 

[Pushka]

Yes, based on your report, I have posted the link.

. Its nice to have confirmation it wasnt a make up story! thanks.

 

[scaredeycat]

QLD have our own idiots.

myGoldCoast

The Gold Coast's Best Music Variety

www.mygc.com.au

The doctor should be suspended for a few weeks.

 

[TheRealTMA]

I see Clive and Pauline have dropped their publicity seeking law suites.

oh to be a lawyer now that Coronavirus is here!

 

[OATEK]

I see Clive and Pauline have dropped their publicity seeking law suites.

oh to be a lawyer now that Coronavirus is here!

Starting with the Ruby Princess class action.

 

[HappyFlyerFamily]

Courtesy of ABC.....highlight of first trial day.

Palmer's WA border challenge

Clive Palmer was denied entry to WA earlier this year prompting him to launch his legal challenge to the state's hard border, which he argues is unconstitutional.

A three-day hearing in the Federal Court in Brisbane is determining the facts of the case before it goes to the High Court.

Giving evidence today, WA's chief health officer Dr Andrew Robertson said there was a less than one per cent risk of COVID-19 being reintroduced into the community if the border remained closed.

However he conceded the risk would be roughly the same, even if borders were opened to Queensland, South Australia, the Northern Territory, the ACT and Tasmania.

The hearing resumes tomorrow.

 

[HappyFlyerFamily]

Another article on today....see link

'Back off': Clive Palmer's Federal Court challenge to bring down WA's border begins

If the mining mogul is successful in his legal bid Premier Mark McGowan could be forced to remove WA's last line of defence against the spread of coronavirus.

www.watoday.com.au