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There’s a chance the five kilometre rule could be gone by the end of the day

The opposition will today push for an amendment in the upper house which would see Melbourne’s five kilometre rule dumped.

Leader of opposition business in the upper house, David Davis, said rule is part of the controversial Omnibus Bill, which is being debated tonight.

“The five kilometre rule is done via a direction under the Public Health and Wellbeing Act. We’re considering that act as part of the Omnibus Bill and that opportunity will be there to move an amendment and say the five kilometre rule will be null and void,” he told Neil Mitchell.

Mr David said the push to dump the rule will “send a very clear message to Daniel Andrews”.

“This is not scientifically based, not thought through, it is doing quite a lot of damage,” he said.

To pass the upper house, the bill needs the support of nine of the 11 crossbenchers.

“That’s certainly a very significant hurdle, but people are very angry with this five kilometre rule, they think it’s nonsense and it is,” Mr Davis said.

If the amendment passes it will go to the lower house as an amendment to the Omnibus legislation either late today or early tomorrow.

“They will have to make a decision,” Mr Davis said.

“I think it would be more likely they would just accept that and it would be gone.”

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