Truckie speeds through a border checkpoint and refuses to show his licence – instead insisting on asking a patient policeman to guess his gender.
A belligerent truck driver has needlessly got himself arrested by refusing to give his name to police at a border checkpoint. Queensland’s border has been open to the rest of the country since July 17 after months of closure, but anyone entering must sign a coronavirus border declaration. Adam Thurrowgood apparently blasted through the NSW-Queensland border before finally being stopped on the other side.
The tattooed truckie filmed himself interacting with a fed-up policeman and a short segment of the 50-minute video was posted online to mock him. The video snippets showed the cop telling the driver he needed to give his details, and then trying to drag him out of the cabin after we refused numerous times.
When the policeman told him “…well I’m asking for you to now…” a bizarre exchange followed as the cop got increasingly sick of the driver’s nonsense.
“You work for the corporation known as the Queensland Police… Am I a man?”
…the truckie asked. “Well, what do you identify as?” the policeman responded.
“No, it’s a yes or no question, am I a man?”
“It’s 2020, mate. What do you identify as?” A second snippet of the video jumped to the policeman attempting to drag the driver out of his cabin and place him under arrest.
“For what crime?!”
…the driver demanded. “You’ve been told 20 times, I’m hanging off the side of a truck…” the exasperated policeman responded as he wrestled with his arm through the window.
“Yes, and I have not committed a crime. You’re acting as an armed civilian outside your authority…”
…was the truckie’s bizarre response.
Soon after, another policeman identifying himself as a senior constable showed up and coaxed the driver out of his truck. The first policeman explained that the driver failed to state his full and correct name several times and wouldn’t get out of the truck. The second cop told him he was being detained for a possible traffic breach, failing to stop at the border, and failing to provide details.
A third officer, a sergeant, then arrived to take time out consoling the truckie, even showed him copies on a screen of the latest directives, told him his legal theories may have some merit, and was otherwise quite agreeable.
Truck drivers usually fall under an exemption as essential services, but still have to fill out the border declaration… The Twitter user who uploaded the snippets from the video said in the longer version the first cop explained how easy the process was. The cop actually says to him, ‘you can get on your phone right now and get a border pass, it only takes a minute,’ he wrote. What happened to the truck driver afterwards is unclear.
Adam Thurrowgood released this second video a few days later
…further reinforcing the OPCA strategies involved:
Both the “living man” and “traveling” arguments have already been rejected by the higher courts in Queensland, and are binding on Adam’s magistrate. (See Hubner v Erbacher  QDC 345, Van den Hoorn v Ellis  QDC 451, Kosteska v Magistrate Manthey & Anor  QCA 105, R v Stoneman  QCA 209, and Queensland Police Service v Messer  QDC 214 generally)
The “government is a corporation” myth has also been rejected in the courts, both the SEC registration, in Commonwealth Bank of Australia v Haughton  SASC 135 and others, and the reasons for government departments having an ABN, in Elston v Commonwealth of Australia  FCA 108 and others.
Adam remarked he had a “big red constitution book” in the cab. (Quick and Garran’s Annotated constitution of the Australian Commonwealth) He should get that and turn to page 378, under ss 49, and note that the State borders DO EXIST and that section 123 of the Commonwealth Constitution provides for the alteration these boundaries. You should also check out sections 111, 121 and 124 in relation to this. Traffic and roads are a matter under the Residual Legislative Powers of the States, as Quick and Garran also makes clear on page 935.
Regarding these powers, in ss 330(3) “As a Federal Constitution” on page 794 it states: “The Constitution draws a line between the enumerated powers assigned to the Federal Government and the residue of powers reserved to the State Governments. Both sets of Governments are limited in their sphere of action, but within their several spheres they are supreme.” On page 928, it makes very clear that the Commonwealth Government cannot encroach on the sphere of the Residual Legislative Powers… they are solely the possession of the State Governments, and they are each sovereign over their own sphere of legislative powers.
See also in ss 160, “The Plenary Nature of the Powers” on page 509, the plenary or absolute nature of the powers within these spheres, when made by their respective parliaments, are, as plenary as the Imperial Parliament itself.
The power to make laws “…for the peace, order and good government.” of the State, that appear in the Constitution Act 2001 extends to those measures under Public Health Act 2005 (Qld) induced by the declaration of a public health emergency. Under these measures, the length of a public health emergency can be extended, and directives imposed regarding consequential restrictions during outbreaks. The directives do not require further assent or other legislative processes, the Public Health Act 2005 (Qld) has already received the required assent and this Act itself provides for these directives to be made.
- Q&G 378 http://nla.gov.au/nla.obj-4243638/view?partId=nla.obj-4305888#page/n423/mode/1up
- Q&G 935 https://nla.gov.au/nla.obj-4243638/view?partId=nla.obj-4376512#page/n980/mode/1up
- Q&G 794 https://nla.gov.au/nla.obj-4243638/view?partId=nla.obj-4351168#page/n839/mode/1up
- Q&G 928 https://nla.gov.au/nla.obj-4243638/view?partId=nla.obj-4376419#page/n973/mode/1up
- Q&G 509 https://nla.gov.au/nla.obj-4243638/view?partId=nla.obj-4318987#page/n554/mode/1up