Television Interview with Tom Connell on Sky News (3 March 2021)

Legal Scholar at the University of Canberra Kim Rubenstein says Premier Mark McGowan’s proposal some border controls could remain post-pandemic to stop drug trafficking would require careful court analysis to determine its legality.

Premier McGowan has revealed his government is in discussions with authorities to continue guarding the border on an ongoing basis to prevent the spread of drugs.

“Each state has the capacity to determine what sort of policy objectives it wants to achieve as long as they are not for a discriminatory burden of a protectionist kind,” Ms Rubenstein said. “Our constitution has enabled states to regulate things for their own territory as long as the purpose is not in order to protect their state’s trade”. “

If the state says we have had real problems with drugs and we want to regulate that the court has said that is possible as long as when assessing that we determine that is all you’re really seeking to do.

“That then becomes a question of evidence and some analysis of what it is they’re doing. “Is it proportionate to that end, is that what is necessary to achieve that policy with drugs for instance?”