NSW Quarantine fee to be paid by traveler... Unconstitutional?

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Les Winter

Active Member
17 June 2020
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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 ?
 

Atticus

Well-Known Member
6 February 2019
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charging an Australian the quarantine fee on returning from overseas is in breach of the 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.
 

Rod

Lawyer
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27 May 2014
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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.
 

Les Winter

Active Member
17 June 2020
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What about this High Court Case - Air Caledonie & Ors v The Commonwealth. States no fee can be applied to any Australian returning to country.
 

Atticus

Well-Known Member
6 February 2019
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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
 

Tim W

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28 April 2014
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Sydney