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

 

[HokitikaGold]

I think it’s amusing that Gladys says AP won’t talk to her. Where was she when AP wanted to discuss temporarily moving the border closures to south of the Tweed? No answer AFAIK.

A classic example of a good idea being shot down by shiite. I am not a AP fan, but she is doing what her people want. Gladys is on a "yellow brick road" of nonsense. Damn idiot!

[redacted]

 

[antycbr]

I think it’s amusing that Gladys says AP won’t talk to her. Where was she when AP wanted to discuss temporarily moving the border closures to south of the Tweed? No answer AFAIK.

I think the whole lot of them are being childish and people are hurting as a result.

 

[drron]

I think it’s amusing that Gladys says AP won’t talk to her. Where was she when AP wanted to discuss temporarily moving the border closures to south of the Tweed? No answer AFAIK.

Actually Gladys did reply saying just move the border north.But AP didn't answer that one.

 

[HokitikaGold]

Actually Gladys did reply saying just move the border north.But AP didn't answer that one.

But that, geographically and logistically, makes far less sense?

 

[TheRealTMA]

Actually Gladys did reply saying just move the border north.But AP didn't answer that one.

Very silly idea. But that’s Gladys. She’s never been interested in cooperating with Queensland.

 

[jakeseven7]

A classic example of a good idea being shot down by shiite. I am not a AP fan, but she is doing what her people want. Gladys is on a "yellow brick road" of nonsense. Damn idiot!

Sorry - drinking Riesling....

Annas doing what she needs to do to get elected who can begrudge that

I just hope that Riesling is from your own state because Queensland Riesling is for QUEENSLANDERS! Oh wait a second....

 

[antycbr]

Annas doing what she needs to do to get elected who can begrudge that

I just hope that Riesling is from your own state because Queensland Riesling is for QUEENSLANDERS! Oh wait a second....

Time for a reverse boycott of Queensland. They can keep their produce in their own state - no more Sunshine Coast hinterland strawberries, I had perfectly good Woolgoolga blueberries... and no one will suffer if Queensland can't export its wine or beer...

I'm going up to Brunswick Heads in a couple of weeks and will enjoy how quiet it will be without Queenslanders, who are not allowed into Brunswick Heads...

 

[HokitikaGold]

Time for a reverse boycott of Queensland. They can keep their produce in their own state - no more Sunshine Coast hinterland strawberries, I had perfectly good Woolgoolga blueberries... and no one will suffer if Queensland can't export its wine or beer...

we in Qld agree!

Our peril is all you southerners that want to holiday here - as life is so much better up here

P.S. i love the irony that I am not a queenslander, but am holed up here hoping all you others are kept afar....

 

[antycbr]

we in Qld agree!

Our peril is all you southerners that want to holiday here - as life is so much better up here

P.S. i love the irony that I am not a queenslander, but am holed up here hoping all you others are kept afar....

The border restriction works both ways and keeps Queenslanders largely in one place... 2 weeks quarantine is a disincentive!

 

[straitman]

we in Qld agree!

Our peril is all you southerners that want to holiday here - as life is so much better up here

P.S. i love the irony that I am not a queenslander, but am holed up here hoping all you others are kept afar....

Queensland is a great place!

(To visit)

 

[MEL_Traveller]

Annas doing what she needs to do to get elected

Which means her ideas are in line with what the majority of people want? Tony Abbott said in his speech today today that people need to 'take more personal responsibility and make more of their own decisions about the risks they're prepared to run'.

Isn't that what we're doing? The majority seem to be exercising that responsibility by supporting state premiers, and border closures as one part of the response to the pandemic. The elections will be a formal endorsement, or otherwise, of the premier's policies.

 

[Must...Fly!]

Quote from a post on Facebook...so cannot verify. But thought worth sharing...

The border control staff at Brisbane Airport tonight are checking your internet banking to make sure all of the transactions from the last 14 days are not from NSW/Vic/ACT.

Maybe make your Victorian purchases on a different credit card for a while ...

 

[Pushka]

Quote from a post on Facebook...so cannot verify. But thought worth sharing...

I made sure, when entering Qld a couple of weeks ago that i dropped a FB pin at Adelaide airport. And on return to SA that the Cairns accomm charge was on the Credit card.

 

[antycbr]

I’ve been thinking of the announcements by both VA and QF CEOs about state borders and I’m wondering if they might take some more direct action if the impasse continues. Alan Joyce grounded the entire airline over an industrial dispute.

I don’t see why the airlines have to plead with the states to see logic. They have power but haven’t worked out that they can use it if they want.

 

[pangwen]

Actually Gladys did reply saying just move the border north.But AP didn't answer that one.

Gladys' reply was only in the media "if anything, the border should be moved north". But no detail about where that would be - Geoff Provost (the local Nationals member in Tweed) had suggested somewhere in Tugun, but the number of people crossing a line at any location north of the actual border is significantly higher than at the border, which means that queues, delays and resourcing become significantly higher too. I don't think anyone is considering the NSW premier's suggestion as anything more than an informal off the cuff "no can do" response to AP's request that didn't brook any further consideration.

 

[drron]

It would have been nice of AP to talk to Gladys about the moving of the border.A short text and she wrote a letter.mo email or picking up the phone.Even Premier Dam phoned Gladys about their border closure.
APs proposal was just another of her election campaign sound bites.

 

[pangwen]

It would have been nice of AP to talk to Gladys about the moving of the border.A short text and she wrote a letter.mo email or picking up the phone.Even Premier Dam phoned Gladys about their border closure.
APs proposal was just another of her election campaign sound bites.

The proposal didn't actually come from AP originally, and has been kicking around since the start of COVID, so while it might be good politically, it certainly wasn't born as an election sound bite.

The idea was originally floated by the QLD police minister in March 2020, and "was instantly rejected by their NSW counterparts" - see Category: <span> </span> | The Courier Mail

The idea was then revived by the mayor of Gold Coast (who had actually run on a Liberal-backed platform in the past, so not on AP's side politically) in July. This is documented here - the local News Corp paper stating:

MAYOR Tom Tate has appealed to NSW Premier Gladys Berejiklian to work with Queensland after Bulletin readers overwhelmingly backed his plan to move the border.
Cr Tate earlier this week proposed moving the border 7km south to the Tweed River amid mounting frustrations about delays at border checkpoints.

Other articles around that time suggested the mayor had then gotten the CoGC to formally petition the QLD government to ask NSW to move the border. The letter from AP came after that petition - such a formal move by the local government would have required a formal request, especially in light of previous back-channel refusals from NSW.

 

[drron]

But at no time did AP actually talk to gladys.
ttps://www.brisbanetimes.com.au/national/queensland/qld-premier-asks-nsw-to-move-interstate-border-south-to-tweed-river-20200720-p55dj8.html

 

[pangwen]

But at no time did AP actually talk to gladys.
ttps://www.brisbanetimes.com.au/national/queensland/qld-premier-asks-nsw-to-move-interstate-border-south-to-tweed-river-20200720-p55dj8.html

What good would a talk have done at that point? The local Tweed MP (part of the NSW government) had already come out swinging against any border move and had already stated it should be moved north to Tugun back when the mayor of Gold Coast suggested it. With all of the talk going in the media, something formal and written needed to be done rather than an informal chat.

 

[antycbr]

SMH reporting that internal ALP Queensland communications indicate that the border is closed for reasons other than the health evidence:

However, in an email to Labor supporters on Tuesday, state secretary Julie-Ann Campbell reminded Queenslanders there were "60 days to keep Queensland's borders safe", referring to the October 31 election.

Makes any review at the end of September seem unlikely but is a smoking gun that the health advice is either being ignored or is fitting the political imperative.