The 2003 Convention on Genetic Engineering, which has been ratified by Australia, sets out uniform standards to be applied by scientists and other people involved in the field of genetic engineering. Article 2 of the Convention states that:

State Parties to this Convention will aim, to the manner and to the extent appropriate for each country, to control and regulate the release of genetically engineered life forms in the interests of human health.

The Commonwealth government enacts the Genetic Engineering Act 2024(Cth). The Act sets out certain standards which have to be met by those engaging in the activity of genetic engineering. The Act also regulates the marketplace distribution of products which have, at some step in the course of production, undergone genetic engineering. It is an offence under the Act for retailers to sell such products unless the product is clearly labelled with the following words: 'This product has been genetically engineered'.

In section 2 of the Ban on Genetic Engineering Act 2020(Qld) (BGEA), the activity of genetic engineering is prohibited in the state of Queensland. Furthermore, under section 8, it is an offence to sell goods which have been subjected to genetic engineering, or the ingredients of which have been genetically engineered.

Joe, a Queensland resident, imports from Victoria apples which have been genetically engineered to be resistant to most pesticides. He sells them in boxes in Queensland, and clearly labels the boxes with the following words: 'This product has been genetically engineered'. He is charged with an offence under section 10 of the BGEA and wishes to challenge the validity of the BGEA. Advise him.

2. The attention of the Commonwealth is drawn to the clandestine activities of certain sects which advocate the use of drugs to induce 'altered states of consciousness'. Members of these sects have been infiltrating the workforce, especially the Queensland Department of Environment and Science and the Queensland Department of Agriculture and Fisheries. The Commonwealth has reason to believe that hundreds of gullible employees are now addicted to drugs as a result of the activities of these sects.

Pursuant to an international convention on these sects, the Commonwealth enacts the Elimination of Drug-Based Sects Act 2024 (Cth). The Act contains the following provisions:

Section 3: No employer shall employ or offer employment to any person who is a member of a sect listed in the Schedule to the Act.

Section 4: 'Employer' includes the Crown in right of the Commonwealth and of the States.

Pascal Jones is the President of one of the Sects listed in the Schedule to the Act. He is employed by the Queensland Department of Agriculture and Fisheries but has received a letter of dismissal based on section 3 of the Act. The letter explains that the Department regrets the dismissal, as it was delighted with Pascal's work, particularly when he was in an altered state of consciousness. However, it was bound by law to terminate his employment.

Pascal believes that if the Commonwealth Act were held to be invalid, he would be reinstated. Advise Pascal as to the constitutional validity of the Act.

Would your answer be any different if the Commonwealth had passed legislation specifically applying to the Queensland Department of Environment and Science and the Queensland Department of Agriculture and Fisheries?