Australian Government powers during COVID-19

Australian Government powers during COVID-19

The introduction of the Biosecurity Act 2015 (Cth) proved an eerily accurate act of foresight by the Australian Government. The 700-page Biosecurity Act replaced the Quarantine Act and essentially handed the Australian government an extensive range of slightly terrifying powers.

For the purposes of the Biosecurity Act, Covid-19 was added as a 'Listed Human Disease' back on 21 January 2020. The result of this is that the government has specific powers to control Australian citizens.

Under the Biosecurity Act we have so far seen:

• 24 March 2020 — a ban on departure from Australia
• 18 March 2020 — prohibition on international cruise ships from entering Australian ports before 15 April 2020

The penalties for not complying with emergency directions under the Biosecurity Act are heavy. For a person who intentionally engages in conduct which contravenes a requirement or direction, they may be charged with a criminal offence punishable by a maximum penalty of five years imprisonment or a fine of 300 penalty units (currently $63,000).

The closure of State borders

The Australian Constitution promises the movement of goods and people across the Australian state borders under section 92; trade, commerce, and intercourse among the States, whether by means of internal carriage or ocean navigation, shall be absolutely free.

The rationale was always that the movement of people, goods and communication across state borders should always be absolutely free. But if this is the case, how are the States shutting their boarders in a bid to fight the COVID-19 pandemic?

The term 'absolutely free' is a red herring. There are limits on this freedom, provided they are legitimate and rational reasons, such as shielding the state's inhabitants from a threatening virus. State laws can prevent the entry or people, goods or animals which are likely to harm its residents.

The states' current border closures are clearly in the interest of protecting the health of each state's inhabitants. There have been exceptions put in place, such as those required to cross state boarders for public health needs.