FYI, it's still irrelevant.
Bullshit. Of course it's relevant.
Go ask Law.com about the the Doctrine of Stare Decisis and then ask her about AU High Court decisions and if they have reflected on human rights matters in the EU when developing and evolving the understanding of the Constitution.
So now we have established that it
is relevant, yes the High Court would need to determine how a ban the burqa proposal would impact S.116 (below for convenience), remembering that it would never be presented as having the words muslim or burqa in the legislation and moreso would mimic the French laws which deal with covering the face, including bike helmets and balaclavas.
In July 2017 the European Court of Human Rights found that the French ban on clothes that partially or fully cover the face in public (upheld by the French High Court) was legal under the European Convention on Human Rights. (This will probably be appealed.) They said that it is justifiable under the European Convention on Human Rights because it aims to
“guarantee the conditions of ‘living together’
In Nov 2016 the Netherlands did the same, as did Bulgaria, Austria, Switzerland, Italy, Spain and yes even Turkey and Morocco.
Fun fact: The Moroccans believe the any child born in Morocco is born a Muslim as "the first book of Moses" says that man is made in God's image. Hence they object to the covering of God's image.
At this point I still am undecided if I am for or against.
COMMONWEALTH OF AUSTRALIA CONSTITUTION ACT - SECT 116
Commonwealth not to legislate in respect of religion
The Commonwealth shall not make any law for establishing any religion, or for imposing any religious observance, or for prohibiting the free exercise of any religion, and no religious test shall be required as a qualification for any office or public trust under the Commonwealth.