Corona Virus

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Originally Posted by Ferret

Can't close a state border to residents of other states only, that's unconstitutional but you can order a border closure as long as you also include residents of the state as well. That is, as long as the border closure is non discriminatory with regards to a persons residency, the border can be closed to the movement of people. Unsure if you can restrict trade via a border closure though.

That's how it's been explained in WA.

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I'm pretty sure that you can't restrict interstate trade, but weren't both WA and Qld blocking non-residents from entering their States?

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Originally Posted by Arapiles

...but weren't both WA and Qld blocking non-residents from entering their States?

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Yes, and they (at least WA) were blocking the movement of WA residents in and out as well, ie non discriminatory.

Coronavirus sees WA close its borders from midnight on Sunday to stop COVID-19 spread from eastern states

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The Premier said the State Government had taken legal advice on the Commonwealth Constitution implications of the move and the border closure needed to be "one rule for all" — including West Australian residents.

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Hmmm....

It would be unwise to dismiss Donald Trump's Wuhan lab leak theory

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The lockdowns introduced by the various States ARE working regardless of weather they are "Constitutional" or not.
IF we get a bunch of academics picking holes in the legalities of these lockdown provisions (including fines for those Blatantly ignoring the provisions) then people will start to ignore them and the infection/death rate will soar.
IF this happens then what is the Governments alternative to "Enforce" these pandemic provisions that ARE working and ARE protecting the general population, Martial Law??

It Saddens me that despite the vast majority of Australians supporting these restrictions despite the inconveniences/hardships that they are causing there is a Minority that cannot get past their own selfishness that are trying to subvert the various laws that have been put in place to protect us ALL.

I say to all of those that are whining and moaning about these restrictions to put some cement in their coffee/tea and harden the **** up and to think about others for a change instead of being so bloody selfish and thoughtless.

There is no doubt as to the legalities of these border restrictions. States have had sweeping powers for quarantine and restricting movement for health reasons under public health acts since the earliest days of European settlement, and courts have always upheld these powers. We have not had anything like the present restrictions since 1919, but local movement restrictions have been put in place quite frequently, and not only for human diseases, but for things such as foot and mouth disease.

Movement restrictions such as we have now have been used for disease control, and accepted (with grumbling) for thousands of years.

[QUOTE=trout1105;299785

I say to all of those that are whining and moaning about these restrictions to put some cement in their coffee/tea and harden the **** up and to think about others for a change instead of being so bloody selfish and thoughtless.[/QUOTE]

This is a topic that goes much deeper than the coronavirus. And demands a thoughtful and informed discussion by policy makers , and those who frame the law. May I suggest that statement is neither thoughtful, or informed.

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Originally Posted by trout1105

The lockdowns introduced by the various States ARE working regardless of weather they are "Constitutional" or not.
IF we get a bunch of academics picking holes in the legalities of these lockdown provisions (including fines for those Blatantly ignoring the provisions) then people will start to ignore them and the infection/death rate will soar.
IF this happens then what is the Governments alternative to "Enforce" these pandemic provisions that ARE working and ARE protecting the general population, Martial Law??

It Saddens me that despite the vast majority of Australians supporting these restrictions despite the inconveniences/hardships that they are causing there is a Minority that cannot get past their own selfishness that are trying to subvert the various laws that have been put in place to protect us ALL.

I say to all of those that are whining and moaning about these restrictions to put some cement in their coffee/tea and harden the **** up and to think about others for a change instead of being so bloody selfish and thoughtless.

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Whether or not the weather has any impact is debatable [biggrin]

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Originally Posted by JDNSW

There is no doubt as to the legalities of these border restrictions. States have had sweeping powers for quarantine and restricting movement for health reasons under public health acts since the earliest days of European settlement, and courts have always upheld these powers. We have not had anything like the present restrictions since 1919, but local movement restrictions have been put in place quite frequently, and not only for human diseases, but for things such as foot and mouth disease.

Movement restrictions such as we have now have been used for disease control, and accepted (with grumbling) for thousands of years.

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I remember the tick gates at places on the Qld border, where persons entering or leaving the State had to declare any fruit or other items which should not be transported interstate. An early form of bio-security.

The Qld Public Health Act 2005 covers quarantine, it was an update of the 1937 act, and updated , I think, because of the SARS virus's that appeared around about then. Those who come under that act during coronavirus have been informed of their responsibilities , and it appears that penalties from the Act have only been enforced if , after being informed of their responsibilities , people ignore them. That's a sensible way to go about it. The States are responsible for Health , in the Constitution [ unless I'm mistaken] which is why the Federal Government was forced to form the National Cabinet, with all State and Territory leaders on board. It seems to have worked very well. I'm not sure if the Health Acts for all States are consistent , or even similar.

"There are additional compliance measures available to Queensland Health under the Public Health Act 2005, and any further failure to comply may be subject to enforced quarantine and receiving fines of up to $13,345 and other penalties."

Health is not mentioned as a federal responsibility in the constitution, hence, as states have any power not mentioned there, it remains a state area. The Federal government, however, has financial, if not legal, means to exert a lot of pressure in this area!