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Australia freedom of intercourseemergency powers

Palmer v Western Australia

(2021) 272 CLR 505
JurisdictionAustralia
CourtHigh Court of Australia
Year2021
StatusBinding authority

Key Principle

Western Australia's COVID-19 border-closure regime (the Quarantine (Closing the Border) Directions under the Emergency Management Act 2005 (WA)) did not contravene s 92 of the Constitution, because the burden it imposed on the freedom of interstate intercourse and on interstate trade and commerce was, on the agreed and found facts, reasonably necessary and proportionate to the legitimate end of protecting public health from a contagious disease.

Area of Law

constitutional

Related Cases

NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs (2023) 97 ALJR 1005
Vunilagi v The Queen [2023] HCA 24
Farm Transparency International v NSW (2022) 276 CLR 81

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