Now for the big one. Can States shut their borders, and is it legal? Short answer Yes.
States are shutting their borders to stop coronavirus. Is that actually allowed?
the High Court has accepted that a state law may impede the entry into the state of persons, animals or goods that are likely to injure its citizens. These include risks of the transmission of animal and plant diseases and the entry of noxious drugs.
Current proposals to restrict the movement of people across state borders are clearly for the legitimate purpose of protecting public health. No one could argue that the reason is “protectionist” or simply an objection to residents from other states entering the state.
But in any case, the High Court would take into account the evidence that the state was relying on and its efforts to calibrate the restrictions appropriately in the circumstances. More extreme risks may justify more extreme measures in limiting interstate intercourse.
First, any state action must fall within its existing legal powers. These include those under its public health legislation, or it first may need to enact new legislation or make appropriation regulations under existing statutes. If a state is restricting the liberty of its residents, then it needs lawful power to do so.Secondly, while states have extremely broad legislative powers (subject to section 92 of the Constitution), if the law of a state conflicts with a law of the Commonwealth, then section 109 of the Constitution provides that the Commonwealth law prevails and the state law is inoperative to the extent of the inconsistency.
Overall, despite the constitutional guarantee that intercourse among the states shall be absolutely free, the states retain a degree of latitude to limit border-crossing as long as it is appropriate and to protect public health.
Section 109 of the Constitution
COMMONWEALTH OF AUSTRALIA CONSTITUTION ACT - SECT 109Inconsistency of laws
COMMONWEALTH OF AUSTRALIA CONSTITUTION ACT - SECT 109
Inconsistency of laws When a law of a State is inconsistent with a law of the Commonwealth, thelatter shall prevail, and the former shall, to the extent of theinconsistency, be invalid.
I’m pretty sure the dinosaurs died out when they stopped gathering food and started having meetings to discuss gathering food
A bookshop is one of the only pieces of evidence we have that people are still thinking
Bookmarks