Originally Posted by
neville_nobody
From what I have read the Border issue is still a open question which hasn't really been contested and as usual 6 Lawyers have 8 opinions on the matter so it really depends on who you are asking. The current Federal Government hasn't really challenged the States over Border Control even though there are provisions in Section 117 & 92 that would suggest freedom of movement but these aren't absolute. Since noone is going to make a challenge I would suggest it will stand as is.
The
s 92 argument was tested in Palmer v WA. All five High Court Justices found unanimously that the state's border closure did not infringe the constitutional limitation in
s 92. So, on that front, the question is closed. No one has brought a
s 117 case and on the basis that the High Court closed out on
s 92, arguably the stronger case, it's unlikely that anyone will chance their arm there.