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2022-2023
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
SENATE
AUSTRALIAN CAPITAL TERRITORY DANGEROUS DRUGS BILL 2023
EXPLANATORY MEMORANDUM
(Circulated by authority of Senator Cash)
AUSTRALIAN CAPITAL TERRITORY DANGEROUS DRUGS BILL 2023
OUTLINE
This Bill acts in the interests of ACT families, police, pharmacists and the general community
to restore ordinary approaches to drug enforcement and diversionary programs in the
Australian Capital Territory.
The Bill provides that the Drugs of Dependence (Personal Use) Amendment Act 2022 (ACT)
has no force or effect from the day after it receives the Royal Assent. This will mean that,
with respect to the possession of drugs of dependence in the Australian Capital Territory, the
Bill will preserve the status quo as at the date of introduction, with the effect that:
• existing offence provisions in the Drugs of Dependence Act 1989 (ACT) continue to
apply, with no differentiation in offences based on whether or not a person has a
"small quantity" of a drug, and no changes to the penalties that may be imposed by
the Court; and
• the possession of the substances proposed to be listed in tables 6.1 and 6.2 of the
Drugs of Dependence Regulation 2009 (ACT) (as amended by the Drugs of
Dependence (Personal Use) Amendment Act 2022 (ACT)) will not be able to be dealt
with by way of a simple drug offence notice.
The Bill will be entirely prospective, and will not affect the validity of anything done prior to
its commencement.
NOTES ON CLAUSES
Clause 1: Short Title
1. Clause 1 is a formal provision specifying the short title of the Bill.
Clause 2: Commencement
2. Clause 2 provides that the Bill commences on the day after the Bill receives the
Royal Assent.
Clause 3: Modifying the operation of the Drugs of Dependence (Personal Use)
Amendment Act 2022 (ACT)
3. Clause 3 is the main operative clause of the Bill. It provides that the Drugs of
Dependence (Personal Use) Amendment Act 2022 (ACT) has no force or effect as a law of
the Australian Capital Territory.
4. This Bill will not affect the lawfulness or validity of anything done in accordance
with the Drugs of Dependence (Personal Use) Amendment Act 2022 (ACT) prior to the
commencement of this Bill. For example, the validity of an offence notice issued under that
Act prior to the commencement of this Bill.
5. This Bill does not modify the ACT Legislative Assembly's powers or otherwise
affect the Australian Capital Territory Self-Government Act 1989 (Cth).
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Australian Capital Territory Dangerous Drugs Bill 2023
This Bill is compatible with the human rights and freedoms recognised or declared in the
international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny)
Act 2011.
Overview of the Bill
This Bill acts in the interests of ACT families, police, pharmacists and the general community
to restore ordinary approaches to drug enforcement and diversionary programs in the
Australian Capital Territory.
The Bill provides that the Drugs of Dependence (Personal Use) Amendment Act 2022 (ACT)
has no force or effect from the date it receives the Royal Assent. This will mean that:
• existing offence provisions in the Drugs of Dependence Act 1989 (ACT) continue to
apply
• possession of the substances proposed to be listed in tables 6.1 and 6.2 of the Drugs of
Dependence Regulation 2009 (ACT) (as amended by the Drugs of Dependence
(Personal Use) Amendment Act 2022 (ACT)) may no longer be dealt with by way of a
simple drug offence notice.
The Bill will be entirely prospective in its operation and will not apply to anything done prior
to its commencement.
Human rights implications
This Bill does not engage any of the applicable rights or freedoms. It preserves the status quo
in the Australian Capital Territory as at the time of its introduction.
There is no human right to possess prohibited drugs that cause harms to the Australian
community.
Conclusion
This Bill is compatible with human rights as it does not raise any human rights issues.
Senator the Hon Michaelia Cash