Originally Posted by
Xeptu
No state can close its borders to other australian states except in a state of emergency. No premier would maintain a state of emergency if its parliament says there isn't one. (the majority of its citizens) to do so would trigger a leadership challenge or an election.
Can the Federal Government overrule a State Government with respect to a state of emergency, NO
Can the high court direct a state to end its state of emergency, YES, but its never happened.
However, the high court can, and has before, ruled under Section 117 of the constitution that a state body cannot impose laws or acts that unfairly penalise citizens who are not resident in the legislating state unless it is necessary to do so (stat e elections etc.). IF a Challenger can show the risk of NSW/Vicc residents entering WA for example, is no greater or worse than a Qld resident, then the WA government has a serious problem.
Palmer's challenge isn't s.117 though, he's having a go at them through s.92 relating to his business interests and freedom of trade.