COMMENT | State v Federal impasse over lockdown relaxation order

COMMENT | The federal government relaxed the movement control order (MCO), essentially to allow businesses to operate subject to certain conditions. This was done through fresh regulations (No 5) under the Prevention and Control of Infectious Diseases Act 1988. The prohibition for the conduct of certain business activities was removed.

Several state governments have issued their own orders. The effect is to prohibit certain activities that have been allowed under federal regulations (No 5).

This brings into sharp focus the issue of whether the state governments can issue such orders.

Under the Federal Constitution (Article 81), state governments are obliged to make sure that states comply with federal law. Further, their action does “not impede or prejudice” the federal government’s authority...