Covid 19 -

[GO FURTHER]

Originally Posted by Franco Cozzo

Also is there constitutional issues with states closing their borders?

I was reading an article on this.

Professor Williams, the dean of law at the University of New South Wales said the following;

"Under section 109 of the constitution, if there is a conflict [between a federal and a state law] the federal law takes precedence".

"So once you get into areas that are clearly subject to federal regulation you could only proceed at a state level if you have Commonwealth support and the Commonwealth essentially providing room for the state to charter its own course".

So while it might be unconstitutional for a State Government to close its state borders, the commonwealth can over rule.

The problem and conflict in closing state borders is because...

"We have section 92 of the Australian constitution and it says trade, commerce and intercourse amongst the states shall be absolutely free."

[roddy1960]

Originally Posted by GO FURTHER

I was reading an article on this.

Professor Williams, the dean of law at the University of New South Wales said the following;

"Under section 109 of the constitution, if there is a conflict [between a federal and a state law] the federal law takes precedence".

"So once you get into areas that are clearly subject to federal regulation you could only proceed at a state level if you have Commonwealth support and the Commonwealth essentially providing room for the state to charter its own course".

So while it might be unconstitutional for a State Government to close its state borders, the commonwealth can over rule.

The problem and conflict in closing state borders is because...

"We have section 92 of the Australian constitution and it says trade, commerce and intercourse amongst the states shall be absolutely free."

Yep , that's a curly one but I guess when the constitution was written (unless section 92 is an amendment of course) none of these infection type matters would have been thought of at the time , aka coronavirus , various flu epidemics , SARS/viruses , EBOLA , HIV and such . ..Maybe trade and commerce are the key constituents though if they can find a way to allow that . We're in transit of people lockdown here in Tassie but the Premier insists that freight is exempt at this stage... Interesting ...

[cheap]

Originally Posted by roddy1960

Yep , that's a curly one but I guess when the constitution was written (unless section 92 is an amendment of course) none of these infection type matters would have been thought of at the time , aka coronavirus , various flu epidemics , SARS/viruses , EBOLA , HIV and such . ..Maybe trade and commerce are the key constituents though if they can find a way to allow that . We're in transit of people lockdown here in Tassie but the Premier insists that freight is exempt at this stage... Interesting ...

Look up 2015 Aust Biosecurity Act. And then the August 2019 Aust Pandemic Response Plan.