Biosecurity Act’s ‘constitutionality’ under question

There are “question marks” over the Biosecurity Act’s “constitutionality” and whether the Act’s requirements have been met for this particular India “travel ban”, according to Citizenship expert Kim Rubenstein. The Biosecurity Act was invoked due to an escalating COVID-19 situation in India which allows the government to impose a $66,000 fine and a five-year jail term for breaking the travel ban. “There are two issues here with this travel ban. One is the question of the constitutionality of it and there are serious questions as to whether it is constitutional,” she told Sky News. “While we don’t have an explicit citizenship right in the constitution – nor do we have a bill of rights – there is recognition that individuals as citizens have rights to return to their own country under international law and as a fundamental rule of law notion. “There are also questions to do with the Biosecurity Act under which this determination has been made and its that Biosecurity Act, that has question marks about its constitutionality. “But also more specifically, the actual section which provides for the minister to make the determination has clear requirements … there are question marks as to whether they’ve been met for this particular travel ban.”


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