Originally Posted by
lc_461
Raises the point - can 'militant' states like WA go against the Commonwealth in the opening of their federal border? Eg Commonwealth removes restrictions on international travel, can WA refuse to allow entry into PER via that route?
Yes. s92 of the Constitution guarantees free trade and freedom of movement between the States - however, the same provision exists in the United States' Constitution on which ours is heavily based (because there were no other notionally English speaking federations around at the time except the USA) as does another provision taken from the US Constitution, that being that the Commonwealth shall ensure that every State gives "full faith and credit" to the laws, acts and regulations and public records of every other State".
I believe the 'full faith and credit' clause (s118) as it is called, means that every other State and the Commonwealth must accept and give full faith and credit to acts, laws and regulations that a State adopts in the interests, in this case, of public health which is well within the purview of State powers.
This is why Clive was never going to win his stupid case, because if WA passed a law imposing a tariff on movement of persons and goods into WA, then that would be a clear breach of s92 and unconstitutional because trade and commerce is not a State power as the Constitution bars any interference with it. BUT, s118 is what allows the State(s) to impose entry restrictions based on laws and regulations that they have the Constitutional power to enact and enforce.
Long explanation I know but that's my understanding of why the States can continue to impose these restrictions.
*EDIT*
I just re-read your question - interesting - but I think the answer is still yes. WA refused to let a ship dock at Fremantle at the beginning of the crisis. I believe refusal of landing would come within the State's rights - it is probably one for a constitutional expert though because external affairs is a Commonwealth responsibility which I would suggest includes the regulation of shipping etc (as aviation in the sense of powered flight didn't exist when the constitution was written). The Commonwealth has the power to regulate and make laws for emigration, immigration and - I think it actually says - "the naturalisation of aliens". But I would think that just means they can make laws for it - it doesn't mean they can force a State to accept a vessel if they don't want to - just as they can't force WA, SA and Queensland to all adopt Standard Gauge for all their railways.