Federal Court of Australia
Federal Court of Australia
Newman v Minister for Health and Aged Care [2021] FCA 517 File number: NSD 388 of 2021
Judgment of: THAWLEY J
Date of judgment: 10 May 2021
Date of publication of reasons: 14 May 2021
Catchwords: ADMINISTRATIVE LAW – challenge to validity of a determination made by the Health Minister under s 477(1) of the Biosecurity Act 2015 (Cth) – where determination prohibited persons from entering Australian territory on an international flight if they had been in India in the preceding 14 days – whether Minister properly considered the likely effectiveness of the determination in achieving its purpose – whether Minister properly considered if the determination was no more restrictive or intrusive than was required in the circumstances – held not established that Minister was not satisfied of necessary preconditions to making the determination – whether the determination operated extraterritorially – held determination did not operate extraterritorially STATUTORY INTERPRETATION – principle of legality – whether Biosecurity Act 2015 (Cth) abrogated common law right of citizens to re-enter their country of citizenship – held that a determination made under s 477(1) of the Biosecurity Act 2015 (Cth) may prevent a citizen from entering Australia
Legislation: Acts Interpretation Act 1901 (Cth) ss 2, 21 Biosecurity Act 2015 (Cth) ss 3, 4, 8, 9, 96, 206, 241, 249, 443, 473, 474, 475, 476, 477, 479, 540 Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) (Emergency Requirements—High Risk Country Travel Pause) Determination 2021 (Cth) ss 4, 6, 7 International Covenant on Civil and Political Rights, opened for signature 19 December 1966, 999 UNTS 171 (entered into force 3 March 1976) Art 12 International Health Regulations (2005), done at Geneva on 23 May 2005 Explanatory Memorandum to the Biosecurity Bill 2014 (Cth) Explanatory Statement to Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) (Emergency Requirements—High Risk Country Travel Pause) Determination 2021 (Cth)
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