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Question: australian lawandnbspandnbspsection 51 of the constitution confers on the commonwealth...

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Section 51 of the Constitution confers on the Commonwealth Parliament ‘power to make laws for the peace, order, and good government of the Commonwealth with respect to…

(ix) quarantine…

(xxvii) immigration…

Imagine that there is an outbreak of deadly henipavirus in The Philippines in the year 2023. These zoonotic viruses are spread by large bats to domestic animals, then to humans. Past deaths in Australia (of both animals and people) have been associated with horse racing, while a 2014 outbreak in The Philippines was associated with people eating horse meat. 3 Australia exports some horse meat to Europe.

However, in Australia itself horse meat is not widely available because of a cultural taboo on eating it. To distract public attention away from other political problems, the Commonwealth government persuades Parliament to enact the Horse Eaters Keep Out Act 2023, which bans anyone from (re-)entering Australia if they have ever eaten horse meat during their lives.

Many people are concerned about this ban because they think that it will prevent Australian citizens, permanent residents and international students returning to Australia. The Victorian and New South Wales parliaments immediately enact legislation declaring that healthy people who test negative for henipavirus may enter those states.

Imagine that you are an international student who has gone home to The Philippines for a short holiday. You have eaten horse meat at a Japanese restaurant in Manila.

However, you are healthy and have tested negative for henipavirus and wish to return to Sydney to continue your studies. In broad terms, how would you decide whether you are legally allowed to return to Sydney?

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