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]

Clive's raised it just a little while ago also in The Australian live blog... I suspect this will be fatal to Mr McGowan's high court case ...

Just appears to be more cough from Clive. Needs to use toilet tissue to wipe his mouth.

 

[antycbr]

Just appears to be more cough from Clive. Needs to use toilet tissue to wipe his mouth.

That's your opinion. As much as I don't like the man, he has a point and is doing something about it, unlike the Federal Government.

Can you explain which part of his argument is "cough" given Mr McGowan's comments yesterday linking the border closure to economic reasons, after giving consideration of Section 92 of the Constitution.

 

[DC3]

That's your opinion. As much as I don't like the man, he has a point and is doing something about it, unlike the Federal Government.

Can you explain which part of his argument is "cough" given Mr McGowan's comments yesterday linking the border closure to economic reasons, after giving consideration of Section 92 of the Constitution.

You are reading too much into all of this. The constitutional matter will be heard in the HC, not decided on AFF.

Edit: In any case, this matter was all about Clive, and him having his feelings hurt when asked to provide basic information by WA authorities. Not exactly rocket science.

 

[antycbr]

You are reading too much into all of this. The constitutional matter will be heard in the HC, not decided on AFF.

Well by that logic one should never post anything about anything online, as it will be decided by the companies, governments and individuals concerned.

Kind of defeats the point of a discussion board?

 

[DC3]

You are reading too much into all of this. The constitutional matter will be heard in the HC, not decided on AFF.

Well by that logic one should never post anything about anything online, as it will be decided by the companies, governments and individuals concerned.

Kind of defeats the point of a discussion board?

Discussions about how we expect the HC to decide constitutional matters based upon our entrenched political views, are pretty much meaningless.

Edit: Our views “are what they are”.

As long as we recognise that venting on AFF will not change the views of our fellow members.

 

[VPS]

Keep this up and we'll find you in contempt *adjusts peruke *

I wonder how many people had to google peruke (not me though)

 

[DC3]

I wonder how many people had to google peruke (not me though)

And not to be confused with covfefe.

 

[jakeseven7]

Clive's raised it just a little while ago also in The Australian live blog... I suspect this will be fatal to Mr McGowan's high court case.

“I have always maintained that Mark McGowan closed the borders for economic reasons. He wants to separate WA from the rest of Australia,’’ Mr Palmer said.

“There is no reason why WA should not immediately open its borders to the states where the virus is under control .... He doesn’t want Australia united.

“I’m confident that when this issue gets to the High Court the borders will be opened so we can trade between States again and get the Australian economy moving.”

Whether it will unpick him in the court we will see I guess but regardless it will now become a very very powerful weapon for the Federal Government, media, other State Governments and the public to use against him because it has revealed actually what his real motive is now and it will undermine whatever he says now for weeks and weeks. I mean how do SA and NT feel about being sledged like that...

He has also basically undermined his own CHO's medical advice in the process as well by making it also about the economy, because the 'health advice' is not enough on its own.

A very bizarre brain explosion under immense pressure...

 

[HappyFlyerFamily]

You are reading too much into all of this. The constitutional matter will be heard in the HC, not decided on AFF.

Edit: In any case, this matter was all about Clive, and him having his feelings hurt when asked to provide basic information by WA authorities. Not exactly rocket science.

Yes, it was a long time ago, but Mr Palmer never applied for an exemption, so never provided basic information.

I think its a possibility - if the High Court even looked deeply into it - that the case is lost because of this fact. Which may mean that the High Court doesn't need to decide the issue.......don't know whether to laugh or cry lol/sigh.

 

[DC3]

Yes, it was a long time ago, but Mr Palmer never applied for an exemption, so never provided basic information.

I think its a possibility - if the High Court even looked deeply into it - that the case is lost because of this fact. Which may mean that the High Court doesn't need to decide the issue.......don't know whether to laugh or cry lol/sigh.

Yes, well Clive’s minion/s apparently applied/enquired on his behalf, unless we are dealing with fake news here. . And the required information was never provided.

In any case, big knickers were left in a knot, and here we are.

Edited

 

[HappyFlyerFamily]

Yes, well Clive’s minion/s apparently applied/enquired on his behalf, unless we are dealing with fake news here. . And the required information was never provided.

In any case, big knickers were left in a knot, and here we are.

Edited

Umm, if memory serves me, it was his pilot who applied for an exemption and put Mr Palmer as the pilot's spouse. The exemption was rejected because it was considered on its face an absurd application. Mr Palmer was asked to re-apply.

 

[jakeseven7]

BREAKING: Tasmania to open borders to WA, SA, QLD, NT, ACT on 26 October. NSW on watch but may join.


Tasmania has announced that it will reopen its borders to people from Queensland, South Australia, Western Australia, the Northern Territory and the ACT from October 26.

Premier Peter Gutwein said the state's border will be reopened in stages, with people from states and territories considered as being of "low risk" to be the first to be allowed into Tasmania.

Mr Gutwein said the situation in NSW, which has recorded its seventh consecutive day without recent cases of community transmission, is being monitored closely and may open at the same time.

The Victorian border is also likely to be opened before Christmas if current trends continue with Premier Gutwein saying the recovery had been far stronger in Victoria than anyone could have hoped. Mr Gutwein said it was "fair to say that Victoria had improved much quicker than most people thought it would".

He said further information on the process of reopening the border will be provided in the week ahead of October 26.

World leaders wish Trump and first lady a speedy recovery from COVID-19, Pence tests negative

British Prime Minister Boris Johnson, who suffered a severe case of coronavirus himself, sends well-wishes to the US President, as Vice-President Mike Pence tests negative to COVID-19.

www.abc.net.au

 

[DC3]

Umm, if memory serves me, it was his pilot who applied for an exemption and put Mr Palmer as the pilot's spouse. The exemption was rejected because it was considered on its face an absurd application. Mr Palmer was asked to re-apply.

And so, had a hissy?

 

[Spongbob]

... The constitutional matter will be heard in the HC, not decided on AFF.

I guess many AFF members will object.

 

[jakeseven7]

NSW again attacking QLD for their controversial border rules and policies and interesting to see that QLD is now concerned about undetected transmission in NSW?? (a backhander to NSW for their testing numbers??)


——

Premier not 'excited' by announced Queensland border reopening

Premier Gladys Berejiklian poured cold water on Queensland's announcement that the NSW border will open by November, saying it was no better than the existing policy.

“After having a second of excitement, because somebody had told me at the press conference that the border was coming down on the first of November, it was then brought to my attention that it's just a reiteration of the 28-day-free period of community transmission,” Ms Berejiklian said.

The NSW Premier said she was growing frustrated with the Queensland and West Australian governments approach to border restrictions.

Ms Palaszczuk said her government was watching NSW very closely as health experts were concerned about undetected community transmission and confirmed the border with Victoria will remain closed to travellers until community transmission is is under control and the state has 28 days without community transmission.

Premier not 'excited' by Queensland border reopening

The NSW Premier is growing frustrated with Queensland's willingness to bundle her state in with Victoria.

www.google.com.au

 

[moa999]

Palaszczuk said her government was watching NSW very closely as health experts were concerned about undetected community transmission

And yet the Qld government is quite happy for residents to go to Byron and mix with half of Sydney's eastern suburbs up their for school holidays

 

[Pushka]

And yet the Qld government is quite happy for residents to go to Byron and mix with half of Sydney's eastern suburbs up their for school holidays

Turning a blind eye to that piece of inconvenient information...

 

[drron]

And we do note the QLD CHO really doesn't believe her own medical advice saying she believes QLD will not have to shut down again as she knows what to do and has the capacity to do it if cases arise in QLD.

 

[DC3]

There’s no need to go south to Byron Bay. Much better options in the areas around the Cassowary Coast, Cairns, Port Douglas, Daintree, Cooktown, etc.

 

[jakeseven7]

Turning a blind eye to that piece of inconvenient information...

Yes because the health advice we are getting up here is massively flawed on all fronts...