"From a constitutional point of view, as we have explained elsewhere, the jurisprudence of the High Court indicates that what cannot be done directly, cannot be achieved indirectly without violating section 51 of the Constitution. This point is addressed in a comment of Justice Webb in British Medical Association v Commonwealth:
If Parliament cannot lawfully do this directly by legal means it cannot lawfully do it indirectly by creating a situation, as distinct from merely taking advantage of one, in which the individual is left no real choice but compliance."
