Reference no: EM133670188

Question: Australia enters into a treaty with the tiny Pacific republic of Ratutu. In the treaty, Australia undertakes to build seawalls to protect the people of Ratutu from rising sea levels. The Commonwealth then enacts the Ratutu Seawalls Construction Act 2022. Section 10 empowers the Minister to declare a person to be a "climate change denier". Under Section 11, the Minister can then apply to the Federal Court for a "sea wall order" that a declared "climate change denier" be required to spend six months in Ratutu working on sea wall construction. Alternatively, under Section 12, a "Sea Wall Contribution" of $20,000 can be paid to the Commonwealth. Sunny Day, an outspoken climate change denier, has been declared by the Minister under s10. Gilderoy J of the Federal Court has made a "sea wall order" against him ordering that he be sent to Ratutu unless he pays the "Sea Wall Contribution". Advise Sunny whether he has a constitutional case against the Minister's declaration and the "sea wall order", or whether he must pay the "Sea Wall Contribution" .