Lots of talk of constitutional challenges to the India ‘pause’ thing. But why would this challenge succeed when the challenge to the closed WA border didn’t? The Constitution has more express protections for interstate travel and residents than overseas travel and citizens.
(I can see some footing for non-constitutional arguments:
- compliance with the Biosecurity Act on requirements (though that isn’t much different from s92)
- maybe the Racial Discrimination Act? (Indirect discrim?)
- the oddly drafted criminal law requirements.)
- compliance with the Biosecurity Act on requirements (though that isn’t much different from s92)
- maybe the Racial Discrimination Act? (Indirect discrim?)
- the oddly drafted criminal law requirements.)