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South Australia will re-open its borders to some states, but not others. Is that constitutional?

  • Written by Benjamen Franklen Gussen, Lecturer in Law, Swinburne University of Technology
South Australia will re-open its borders to some states, but not others. Is that constitutional?Shutterstock

In one relatively short section of the Australian Constitution, section 92, you will find this phrase:

[…] trade, commerce, and intercourse among the states […] shall be absolutely free.

You would think there is not much in it, but it turns out this section is one of the most litigated sections in the constitution.

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