Mining magnate Clive Palmer is set to launch a High Court challenge against the Western Australia (WA) government after claiming that the state’s decision to bolt its borders against New South Wales’ unconstitutional .
Last week, WA Premier Mark McGowan announced that the state would impose a hard border with New South Wales following a rising number of cases of the CCP (Communist Party of China) delta version of the virus.
The border closure marks WA’s tenth shutdown against other states since December last year, but the first to single out and block entry for Australian residents based on vaccination status.
“By restricting the free movement of Australian citizens within Australia and creating an island within an island, the WA COVID-19 elimination strategy is unconstitutional,” Palmer said in a statement on Monday. news.com.au.
Specifically, Palmer was referring to Section 92 of the Australian Constitution, which states that the passage between the states “shall be absolutely free.”
Palmer had previously taken WA to court for similar alleged violations, but the High Court ruled against the case because it believed the government had acted under the Emergency Management Act (PDF)
Section 67 of the Act empowers the State to direct or restrict the movement of persons “for the purpose of emergency management” or in an emergency area.
Augusto Zimmermann, head of law at the Sheridan Institute and former law reform commissioner, said last year’s decision sparked disagreement in the legal community because many believed it was against the country’s founding principles.
“Although the Constitution is very clear – that it must be absolutely free – they came up with an argument that is highly controversial,” Zimmerman told The Epoch Times.
But Palmer pointed out differences between the cases; Namely, the current border restrictions include a vaccine mandate—which they claimed the Delta version was unable to suppress.
In particular, Palmer cited international studies that suggested the jab was ineffective against the delta strain, potentially because the vaccination rule “for the purpose of emergency management” does not meet the Act’s requirement.
“We are looking at data from millions of people in the UK and Israel with respect to the delta variant to conclusively show that vaccines do almost or absolutely nothing to prevent COVID infection,” Palmer said.
“Vaccines do nothing to stop the spread of COVID-19, given that the infection rate is similar in vaccinated and unvaccinated people.”
Despite about 55 percent of Israel’s population being fully vaccinated, Israeli officials said in June that nearly half of all adults infected with the delta variant were fully vaccinated, Israeli Prime Minister Naftali Bennett told reporters last month. was that Pfizer seemed “significantly less” effective against the stretch.
And a preliminary analysis by Public Health England also stated that it may have found similar levels of the delta variant in vaccinated and unvaccinated individuals, suggesting that a person’s immunization status may result in a strain. There has been no obstacle.
Although Zimmerman believed Palmer had “really good grounds” for the challenge, he said that the combination of political motivations and a history of questionable court results meant he was not confident that the outcome would be successful.
“These appointments tend to be very political,” Zimmerman said. “The judges and judges of the High Court have taken very controversial decisions recently which makes me very skeptical whether they are really going to uphold the rule of law honestly.”
“These judges will not challenge the status quo. I think there is too much pressure on politicians to do what they want,” Zimmerman said. “They’re not going to do the right thing, unfortunately, in my opinion.”
McGowan, however, rebuffed Palmer’s claims, saying his actions were solely to protect the state’s residents.
“Like our border controls last year, the measures we have taken are to protect West Australians,” McGowan said, reported news.com.au.
“The Delta version is rolling out extensively across the country, and I will do everything I can to keep WA safe.”
This year, the premier’s border restrictions and single-digit cases followed by snap lockdown measures have successfully prevented a significant outbreak within the state.
McGowan also called on the billionaire to once again stand up to the government.
“Another day and another legal challenge from Mr Palmer,” McGowan said.
This News Originally From – The Epoch Times