Quote:
Originally Posted by Franco Cozzo
Also is there constitutional issues with states closing their borders?
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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."