27 Nov 2021 | Michael Moore | firstname.lastname@example.org
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I wrote to Westfarmers who own:
Among other companies, pointing out that it is illegal to segregate and refuse entry to anyone not showing their medical status.
My email to them and their response is below.
My email to Westfarmers:
I can no longer support or patronise KMart, Target, Bunnings Office Works, or any other of your outlets due to the following violations of Federal Legislation.
Apart from the fact that this is un Australian it is also illegal. The Constitution clearly states that where there is a conflict between State and Federal Law, the Federal law takes precedence. By barring people who have not been vaccinated or even refusing to give their vaccination status business are committing a felony.
“106. Saving of Constitutions
The Constitution of each State of the Commonwealth shall, subject to this Constitution, continue as at the establishment of the Commonwealth, or as at the admission or establishment of the State, as the case may be, until altered in accordance with the Constitution of the State.”
"109. Inconsistency of laws
When a law of a State is inconsistent with a law of the Commonwealth, the latter shall prevail, and the former shall, to the extent of the inconsistency, be invalid”
Federal Laws include:
Privacy Act of 1988 Section 94H
“Section 94H of the Privacy Act 1988 states:
A person commits an offence if the person requires another person to: download COVIDSafe to a communication device; or. have COVIDSafe in operation on a communication device; or. consent to uploading COVID app data from a communication device to the National COVIDSafe Data Store.”
Federal Biosecurity Act of 2015
Section 60 and 61 State:
“For the Government or a business to mandate masks (section 88), PCR tests (section 90) or vaccinations (section 92), they need to impose on you a ‘human biosecurity control order (HBCO)’ (section 60). A Human Biosecurity Control Order (HBCO) is also required to enforce lockdowns and isolations. INSTRUCTIONS If anyone attempts to intimidate you to partake in the above actions, ask them for a ‘HUMAN BIOSECURITY CONTROL ORDER’. Without that, refuse to comply. If they do present one, at least you’re forcing them to take another step and if enough people ask for this, the administration of it might not be worth the hassle for them.
SUPPORTING DOCUMENTS Biosecurity Act 2015 - https://www.legislation.gov.au/Details/C2020C00127 Biosecurity Act 2015 (Section 60 – Human Biosecurity Control Order) - http://classic.austlii.edu.au/au/legis/cth/consol_act/ba2015156/s60.html Subsection (2) - A human biosecurity control order may be imposed on an individual only if the officer is satisfied that: (a) the individual has one or more signs or symptoms of a listed human disease; or (b) the individual has been exposed to: (i) a listed human disease; or (ii) another individual who has one or more signs or symptoms of a listed human disease; or (c) the individual has failed to comply with an entry requirement in subsection 44(6)
RELEVANT SECTIONS BIOSECURITY ACT 2015 SECTION 88 - MASKS http://classic.austlii.edu.au/au/legis/cth/consol_act/ba2015156/s88.html An individual may be required by a human biosecurity control order to wear either or both specified clothing and equipment that is designed to prevent a disease from emerging, establishing itself or spreading.
BIOSECURITY ACT 2015 SECTION 90 - PCR TESTS Undergoing an examination An individual may be required by a human biosecurity control order to undergo, at a specified medical facility, a specified kind of examination relating to determining the presence in the individual of: (a) the listed human disease specified in the order; and (b) any other listed human disease.
BIOSECURITY ACT 2015 SECTION 92 - RECEIVING VACCINATIONS http://classic.austlii.edu.au/au/legis/cth/consol_act/ba2015156/s92.html An individual may be required by a human biosecurity control order to receive, at a specified medical facility: (a) a specified vaccination; or (b) a specified form of treatment; in order to manage the listed human disease specified in the order, and any other listed human disease.
Demanding vaccination status and refusing entry into a public place such as a restaurant, hair salon or retail establishment contravenes the above Federal Acts and is therefore A CRIME.
As a bona fide Australian Business we do not support criminal organisations or those organisations that practice criminal activities by reason of violation of Federal Law.
Westfarmers response was as follows:
“We appreciate your concerns, but this is a State Government requirement in Victoria and our retail businesses are required by law to comply, because they have been deemed by Government to be “non essential”. While we don’t agree with this categorisation, there are significant fines for businesses if they don’t comply. We are sorry for the inconvenience. If you wish to pursue further you should raise it with your local member of parliament.”
T 08 9327 4211
Level 14, Brookfield Place Tower 2, 123 St Georges Terrace
Perth Western Australia 6000