Monday, December 7, 2020

Gray on 'COVID-19, Border Restrictions and Section 92 of the Australian Constitution'

 Professor Anthony Gray of the USQ School of Law and Justice has published a timely new article on COVID-19, Border Restrictions and Section 92 of the Australian Constitution  The paper appears in Volume 11 of The Western Australian Jurist.  Here is the abstract:


"This article considers the likelihood of a successful constitutional challenge to the Western Australian hard border restrictions. Section 92 of the Australian Constitution states that trade, commerce and intercourse among the states is to be absolutely free. Whilst the section is not interpreted literally, it is argued there is a strong case for the provisions to be held constitutionally invalid, though the High Court recently dismissed the challenge."

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