Billionaire mining magnate Clive Palmer remains scheduled to challenge the constitutionality of WA’s border closures in the High Court on Tuesday.

His argument centres on section 92 of the constitution, which allows for free movement of people and trade between the states.

Although things will soften from November 14, WA is still under a hard border.

This means that while Palmer is permitted to enter WA from Queensland, right now he’s still subject to the 14-day quarantine rule, which could be the very thread that could get this argument across.

“I guess from Clive Palmer’s point of view, he would say that, in this point of time, ‘I don’t have free movement between the states’,” the WA Health Minister Roger Cook told Botica’s Bunch on Monday.

“But of course, from the 14th of November, all going well, he’ll be able to come into the country, come into the, umm, state, anyway.

“I’m not sure why he’d want to, I’m not sure he’d be all that welcome.

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“I’ve long given up trying to work out how the laws and lawyers work, so I’ll leave that up to them in the High Court.”

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Associate Professor at the Australian National University, Amelia Simpson, said the easing of the WA borders does not change Mr Palmer’s position in the case.

She told the ABC his argument had already significantly weakened following Victoria’s second wave.

“Before that point, Clive Palmer probably had a reasonable argument that the border restrictions were unnecessarily harsh,” she said.

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“After seeing what happened in Victoria and other parts of the world, many more people have come around to the view that it’s not that crazy to want to protect your citizens in such a dramatic and hard-edged way.”

 

 

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