Intergovernmental Immunity & s 109

Assume that the Qld Parliament enacted the Firearms Control Act2022(Qld) which provides inter alia:

s 1 This Act binds the Crown.

s 2 All persons in possession of a firearm in Queensland must have a current firearms licence issued pursuant to this Act.

an offence.

Penalty: a fine not exceeding $5,000 and/or imprisonment up to three (3) years.

In January 2023, Too Smart, then a recently appointed officer with the Canberra headquarters of the Australian Security Intelligence Organisation (ASIO), was in Brisbane on an investigation which developed into a high speed car chase through the suburb of Ascot in the course of which shots were fired by both Too Smart and those pursued known as "Control". The drama ended in the Brisbane River with the drowning of "Control". Too Smart was, however, arrested by the Qld Police for dangerous driving in breach of the Traffic Act 1981(Qld) and for an offence under s 3 of the Firearms Control Act 2022(Qld).

The Australian Security Intelligence Act 1950(Cth) prescribes the duties and obligations of ASIO officers, in particular:

s 8 All ASIO officers are required to pass annual operational tests in relation to their official firearm whereupon they are issued with a licence for twelve months.

Concerned with a spate of State prosecutions of their officers, ASIO persuades the Commonwealth to enact the following amendment to the Australian Security Intelligence Act 1950(Cth) in March 2023:

s 10A This Act is to override any direct or indirect inconsistent State or Territory law as from 1 January 2023.

Too Smart is to be tried for the Queensland offences.

Q. Advise him fully as to whether there is any constitutional challenge available to the prosecution brought against him.