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.)
Re the RDA argument, a lot of people are comparing India to peak UK. But I imagine there’ll be counter-arguments about different testing numbers pro rata and positive%, suggesting more undetected cases in India due to poorer health infrastructure. (Also the variants or whatever.)
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