- Sep 28, 2008
I would have thought a law is a law.And the lower case numbers we have, the more likely that border closure will be illegal.
Whether there is 1 is infected or 1,000,000 infected should make no difference. The law is either broken or conflicts with the constitution or not and a ruling made either way.
The most that would happen is the court would rule the conflicting legislation or associated processes be null & void.
I would expect argument may segue as to whether the established state legislation conflicts with the constitution, whether the correct processes were followed and whether the correct advice was received before the restrictions were imposed/extended.
Given the very deliberate way the restrictions were constructed by WA and comments made, I am pretty sure WA received legal advice before they wrote the temporary regulations. Not so sure about QLD.