A man accused of breaching a COVID-19 public health order to self-isolate has been refused bail after an Albury magistrate feared letting him free could spread the virus across a vast swathe of NSW.
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The Nelson Bay man allegedly became "aggressive" and "argumentative" in resisting arrest at the Hume Freeway permit checkpoint in Albury on Monday about 9.30pm.
Albury Local Court magistrate Richard Funston had to tell the man to be quiet on Tuesday when he protested his rejected application.
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Defence lawyer Tim Hemsley earlier questioned the validity of the charge laid against Alec David Richard Lewis of not complying with a noticed direction on COVID-19.
Police claim Lewis, 49, told them he travelled into Victoria on Saturday and did not have a permit to re-enter NSW.
That led to police making inquiries that they alleged revealed Lewis had previously re-entered NSW on July 19.
His permit, they said, ordered him to self-isolate at his Nelson Bay home, but he allegedly breached this requirement when a compliance check four days later revealed he wasn't at home.
But Mr Hemsley said Lewis - like any NSW resident, including himself - was free under the current NSW government permit regime to enter Victoria or other states with borders open to NSW as many times as they liked, provided they self-isolated each time they returned.
He said Lewis travelled to Victoria because it was where his 12-year-old daughter lived and that he had ongoing concerns for her welfare.
Mr Hemsley said that if granted bail, Lewis - who is charged also with two counts of resisting police and possession of cannabis - could travel directly to Nelson Bay.
While he would require fuel at some point during his journey, he could easily take breaks at isolated rest stops.
Police said Lewis had no permanent residence and was effectively living out of his car.
But Mr Hemsley said Lewis lived with his elderly parents at Nelson Bay and that this was the address to where he was required to self-isolate.
He said Lewis could be bailed to this address, which was listed also on his driver's licence.
Police argued that letting Lewis free would be in direct contradiction of NSW government intentions to contain the virus, of which he could very well have an undiagnosed case.
Mr Funston said Lewis "needs to be isolated now, for 14 days, and that's best done in Junee jail".
