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

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He is a menace.

Todays 'The West Australian' has reported that Palmer never lodged a valid application for an exemption to enter W.A. The only application that was lodged was by his pilot who listed Palmer as being his husband. The police claim that they assumed it was a hoax and rejected it. After Palmer started complaining he was asked to lodge a valid application but never did so.

This will not affect the High Court case but does show how his normal way of 'doing business' has not changed over the years.
 

HappyFlyerFamily

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Todays 'The West Australian' has reported that Palmer never lodged a valid application for an exemption to enter W.A. The only application that was lodged was by his pilot who listed Palmer as being his husband. The police claim that they assumed it was a hoax and rejected it. After Palmer started complaining he was asked to lodge a valid application but never did so.

This will not affect the High Court case but does show how his normal way of 'doing business' has not changed over the years.
Are we sure this won’t affect the legal challenge? Or may be change the issue?

eg would the border closure regime (including exemptions granted) be unconstitutional?

or could the High Court say you don’t have standing since he technically wasn’t refused entry?
 

OZDUCK

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Are we sure this won’t affect the legal challenge? Or may be change the issue?

eg would the border closure regime (including exemptions granted) be unconstitutional?

or could the High Court say you don’t have standing since he technically wasn’t refused entry?
The only thing that I am sure of is that I am sure of nothing. While I did have 'law enforcement' training it is years out of date and not relevant to this matter.

But I think the need for a 'permit' is the arguing point not whether a permit was applied for or not issued.
 

HappyFlyerFamily

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The only thing that I am sure of is that I am sure of nothing. While I did have 'law enforcement' training it is years out of date and not relevant to this matter.

But I think the need for a 'permit' is the arguing point not whether a permit was applied for or not issued.
Well if that’s the case....I want to switch my view to It’s constitutional.

Its not unreasonable for a state to ask all comers for information relevant for health assessment.

Its not like Australia has a Bill of Rights.

Does anyone have an understanding of the US equivalent I presume our s92 was built off?
 

kookaburra75

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Does anyone have an understanding of the US equivalent I presume our s92 was built off?
Our s92 was put together to stop the customs duties and other trade restrictions between the borders of the then colonies - so it's a different kettle of fish. The Australian Law Reform Commission has a good piece on s92 and recent rulings by the High Court.
.
 
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Pushka

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@JohnM heya, just wondering given your states border closure. If someone flying from Adelaide via Perth (airport transit only) then on to say Doha, with first leg being domestic, I take it that current border restrictions wont come in to play?
 

JohnM

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@JohnM heya, just wondering given your states border closure. If someone flying from Adelaide via Perth (airport transit only) then on to say Doha, with first leg being domestic, I take it that current border restrictions wont come in to play?
Sorry, @Pushka, I have no idea.

The need to move outside to transfer between DOM (QF, at least) and INT terminals which are on opposite sides of PER may complicate matters.
 
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nutwood

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It's very easy to see why Federation was needed. Really doesn't take long before the country divides along State boundaries. Unfortunately, Federation was based on there being a functional Federal Government to administer. The current situation is that the various State governments are doing what they see as best for their States. Nothing wrong with that, in the absence of central leadership, it's obviously their job.
Unfortunately, for the country as a whole, it's a mess. I've spent most of July travelling domestically and it's crazy. If you transit through Melbourne airport, have you been in Victoria? Well, depends which direction you were travelling...! Some places look at NSW hot spots, others condemn the entire State. WA are quietly minding their own business and who could blame them? Half the country with two sealed roads in; time to chill and eat your own crayfish!
 

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This Qld border closure appears to be a lot harsher than the last one. The usual confusion about the detail, with Qld border restrictions website outlining the new rules but saying ‘watch this space’ - changes coming - but also detailing a very narrow direction coming out today.

This suggests the hotspot declaration will exempt LGAs on the border as border communities are supposedly catered for. But it’s not published yet. Would be interesting how it deals with the unincorporated western division of NSW.

Compassionate travel only if an exemption (rare and exceptional) granted. No more flying to OOL and driving back across the border, and it looks like the reverse is out also. Only entry for a narrow group of essential activities and you have to virtually quarantine while not undertaking those activities.

Looks like the only holiday option outside of Qld that obviates quarantine is SA. Be interested to see how much traffic there will be up and down the Birdsville Track!

cheers (?) skip
 

justinbrett

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This Qld border closure appears to be a lot harsher than the last one. The usual confusion about the detail, with Qld border restrictions website outlining the new rules but saying ‘watch this space’ - changes coming - but also detailing a very narrow direction coming out today.

This suggests the hotspot declaration will exempt LGAs on the border as border communities are supposedly catered for. But it’s not published yet. Would be interesting how it deals with the unincorporated western division of NSW.

Compassionate travel only if an exemption (rare and exceptional) granted. No more flying to OOL and driving back across the border, and it looks like the reverse is out also. Only entry for a narrow group of essential activities and you have to virtually quarantine while not undertaking those activities.

Looks like the only holiday option outside of Qld that obviates quarantine is SA. Be interested to see how much traffic there will be up and down the Birdsville Track!

cheers (?) skip
It’s very difficult, especially for businesses who have essential travel and trying to keep up with the changes to the rules. They seem to change every other day.
 

PineappleSkip

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Whoops just realised direction no 10 is last week’s. There may be version 11 out tomorrow, with more changes.:rolleyes:
 

jakeseven7

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It's very easy to see why Federation was needed. Really doesn't take long before the country divides along State boundaries. Unfortunately, Federation was based on there being a functional Federal Government to administer. The current situation is that the various State governments are doing what they see as best for their States. Nothing wrong with that, in the absence of central leadership, it's obviously their job.
Unfortunately, for the country as a whole, it's a mess. I've spent most of July travelling domestically and it's crazy. If you transit through Melbourne airport, have you been in Victoria? Well, depends which direction you were travelling...! Some places look at NSW hot spots, others condemn the entire State. WA are quietly minding their own business and who could blame them? Half the country with two sealed roads in; time to chill and eat your own crayfish!
Agree can’t wait for this to be over and every single one of these state premiers/first ministers can be put back in their box and never heard of, ever again (no offence to any of them)
 

eastwest101

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Whoops just realised direction no 10 is last week’s. There may be version 11 out tomorrow, with more changes.:rolleyes:
Its OK - it will eventually be up on the QLD web site, the outdated no.10 stayed up on the official web sites for a while after the recent announcement by the QLD premier, seems to be policy on the run/by tweet at the moment, with about as much forethought and planning as a tweet.

I think the further restrictions and mandated 14 day quarantine costs imposed onto travellers will backfire and we will see more sophisticated attempts to sidestep and bypass some of these illogical rules in the future.... example A would be the the Birdsville Track at the moment
 

Must...Fly!

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One of the things I find most fascinating about all this is the blame being pointed toward the Commonwealth government - for many things, most of which they are not at all responsible for. It's like people believe the state government is there to represent their interests, and nothing else like policy or service delivery.

Can't wait for the self-imposed boundaries to be torn down again. I miss traveling and I miss my family...if it's 100 years until the next pandemic (hopefully...), my wish is that responses are more unified across the nation instead of (for want of a better term) protectionist.
 

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