With NSW, QLD and NT charging travelers returning from overseas (including Australian citizens), I have been reading bits and pieces on the internet stating that charging an Australian the quarantine fee on returning from overseas is in breach of the constitution. Is it ?
NSW Quarantine fee to be paid by traveler... Unconstitutional?
- Thread starter Les Winter
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- constitution
From what I have heard (interview of a state premier) they are not charging a 'fee for quarantine', but rather the cost of the room & food whilst in quarantine ... All returning from OS are aware of the quarantine requirement before they get on a plane, their choice.
Leaving aside any constitutional issues, I struggle to see why taxpayers should be paying for someone who elects to travel overseas, especially where infection rates are far higher than here, waits till a fee is announced before returning, then tries to say this is unfair.
No support from me.
No support from me.
What about this High Court Case - Air Caledonie & Ors v The Commonwealth. States no fee can be applied to any Australian returning to country.
At a quick glance, it appears that the high court determined (in the above case) that the 'fee' was actually a tax, partly because no service was provided ...... The quarantine fee (as I understand it) was/is in part to cover costs for room & food, ie, a service
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