This bill did not become law and is no longer proceeding.
Law, justice & rights
The bill would cancel the ACTThe ACT is the self-governing territory the bill is about, where the drug law changes would have applied.'s 2022 personal drug use law so the earlier ACTThe ACT is the self-governing territory the bill is about, where the drug law changes would have applied. drug possession rules stayed in place instead.
The ACTThe ACT is the self-governing territory the bill is about, where the drug law changes would have applied.'s 2022 personal drug use law would have changed drug possession offences and let some added substances be handled with simple offence notices. This bill cancels that ACTThe ACT is the self-governing territory the bill is about, where the drug law changes would have applied. law so existing possession offences and court penalties stay in place, while past actions under the 2022 law remain valid.
Before this bill, the ACTThe ACT is the self-governing territory the bill is about, where the drug law changes would have applied.’s existing drug possession offences and court penalties were still in force, but the Drugs of Dependence (Personal Use) Amendment Act 2022This is the ACT law the bill tries to cancel so the older drug possession rules stay in force. was due to start on 28 October 2023 and would let police issue offence notices for small amounts of some drugs instead of relying only on the usual criminal process. Senator Cash introduced this federal bill to cancel the ACTThe ACT is the self-governing territory the bill is about, where the drug law changes would have applied. law and keep the pre-existing ACTThe ACT is the self-governing territory the bill is about, where the drug law changes would have applied. rules in place, but the Senate rejected it on 19 October 2023, so the ACTThe ACT is the self-governing territory the bill is about, where the drug law changes would have applied. changes were able to commence as scheduled.
The main case against the bill was that it would override the ACTThe ACT is the self-governing territory the bill is about, where the drug law changes would have applied.'s elected government and block a health-based drug reform by restoring criminal penalties for small-scale possession. That criticism came from Labor, the Greens and ACTThe ACT is the self-governing territory the bill is about, where the drug law changes would have applied. senator David Pocock, who opposed the bill as a Commonwealth overreach rather than a serious national drug-harm response.
Senator Michaelia Cash introduced this bill. It was supported by Liberal Party, Nationals, One Nation, UAP, some crossbench members; opposed by Labor, Greens, Jacqui Lambie Network, some crossbench members; and did not pass.
Did it become law?
No
The bill did not complete passage through Parliament.
Final passage
Did not pass
1 recorded vote before the bill stopped proceeding
Time before failure
35 days
From introduction to the final recorded step before the bill stopped proceeding
Meaning
The bill would cancel the ACTThe ACT is the self-governing territory the bill is about, where the drug law changes would have applied.'s 2022 personal drug use law so the earlier ACTThe ACT is the self-governing territory the bill is about, where the drug law changes would have applied. drug possession rules stayed in place instead.
People in the ACTThe ACT is the self-governing territory the bill is about, where the drug law changes would have applied. would still face the same drug possession offences and court penalties as before, without lighter treatment for holding a small amount.
People found with the extra drugs that the 2022 ACTThe ACT is the self-governing territory the bill is about, where the drug law changes would have applied. law would have added could not be given a simple drug offenceA lower level drug matter under the ACT reform that could be handled with an offence notice instead of the usual court process. notice instead of the usual legal process.
The change would only work from the start date onward, so anything already done under the 2022 ACTThe ACT is the self-governing territory the bill is about, where the drug law changes would have applied. law would remain valid.
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.Australian Capital Territory Dangerous Drugs explanatory memorandum
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; andAustralian Capital Territory Dangerous Drugs explanatory memorandum
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.Australian Capital Territory Dangerous Drugs explanatory memorandum
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.Australian Capital Territory Dangerous Drugs explanatory memorandum
Context
Before this bill, the ACTThe ACT is the self-governing territory the bill is about, where the drug law changes would have applied.’s existing drug possession offences and court penalties were still in force, but the Drugs of Dependence (Personal Use) Amendment Act 2022This is the ACT law the bill tries to cancel so the older drug possession rules stay in force. was due to start on 28 October 2023 and would let police issue offence notices for small amounts of some drugs instead of relying only on the usual criminal process. Senator Cash introduced this federal bill to cancel the ACTThe ACT is the self-governing territory the bill is about, where the drug law changes would have applied. law and keep the pre-existing ACTThe ACT is the self-governing territory the bill is about, where the drug law changes would have applied. rules in place, but the Senate rejected it on 19 October 2023, so the ACTThe ACT is the self-governing territory the bill is about, where the drug law changes would have applied. changes were able to commence as scheduled.
ACTThe ACT is the self-governing territory the bill is about, where the drug law changes would have applied. passes its personal drug use law
The ACT Legislative AssemblyThe territory parliament that passed the 2022 ACT drug law the federal bill aimed to undo. passed the Drugs of Dependence (Personal Use) Amendment Act 2022This is the ACT law the bill tries to cancel so the older drug possession rules stay in force. after an inquiry, setting up later changes to how small-quantity drug possession would be handled.
Hansard ↗Impending 28 October start date becomes the immediate trigger
The bill’s second readingThe stage where Parliament debates whether to agree to the bill in principle before it goes any further. speech said the ACTThe ACT is the self-governing territory the bill is about, where the drug law changes would have applied. law was due to commence on 28 October 2023, making the approaching start date the practical reason for seeking urgent federal intervention.
Second reading speech ↗Federal bill is introduced to cancel the ACTThe ACT is the self-governing territory the bill is about, where the drug law changes would have applied. law
Senator Cash introduced a bill to stop the ACTThe ACT is the self-governing territory the bill is about, where the drug law changes would have applied.’s 2022 law from taking effect and preserve the existing ACTThe ACT is the self-governing territory the bill is about, where the drug law changes would have applied. possession offences, penalties and court-based enforcement arrangements.
Parliamentary timeline ↗Senate rejects the bill at the second readingThe stage where Parliament debates whether to agree to the bill in principle before it goes any further.
The second readingThe stage where Parliament debates whether to agree to the bill in principle before it goes any further. was negatived, which meant the federal attempt to override the ACTThe ACT is the self-governing territory the bill is about, where the drug law changes would have applied. law failed before the ACTThe ACT is the self-governing territory the bill is about, where the drug law changes would have applied. changes were due to begin.
Parliamentary timeline ↗ACTThe ACT is the self-governing territory the bill is about, where the drug law changes would have applied. drug law changes commence
Because the federal bill did not pass, the ACTThe ACT is the self-governing territory the bill is about, where the drug law changes would have applied.’s 2022 reforms were able to start on the scheduled date, including the new offence-notice pathway for some simple drug possession matters.
Second reading speech ↗Legislative route
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
A minister or sponsoring member moved the second readingThe stage where Parliament debates whether to agree to the bill in principle before it goes any further., opening the main debate on the bill's purpose and principles.
Second readingThe stage where Parliament debates whether to agree to the bill in principle before it goes any further. moved
The bill reached this recorded parliamentary step.
The bill reached this recorded parliamentary step.
Second readingThe stage where Parliament debates whether to agree to the bill in principle before it goes any further. negatived
Key criticism
The main case against the bill was that it would override the ACTThe ACT is the self-governing territory the bill is about, where the drug law changes would have applied.'s elected government and block a health-based drug reform by restoring criminal penalties for small-scale possession. That criticism came from Labor, the Greens and ACTThe ACT is the self-governing territory the bill is about, where the drug law changes would have applied. senator David Pocock, who opposed the bill as a Commonwealth overreach rather than a serious national drug-harm response.
Criticism was clear and multi-party, but it focused mainly on territory rights and drug-policy approach.
Federal override of ACT self-government
Critics argued the bill would let the Commonwealth step in and cancel an ACTThe ACT is the self-governing territory the bill is about, where the drug law changes would have applied. law passed by the Territory's own parliament, setting a damaging precedent for overruling ACTThe ACT is the self-governing territory the bill is about, where the drug law changes would have applied. self-government on local policy questions.
Pushes drug policy back toward punishment
Opponents said the bill would reverse a health-focused reform and put people back into the criminal system for possessing small amounts of drugs, instead of treating drug use as a public health issue and pursuing broader coordinated reform.
Further sources
Votes
These were the main recorded votes on the bill.
Defeated 27 to 33. Support came from Liberal Party, Nationals, One Nation, and UAP. Opposition came from Labor, Greens, Jacqui Lambie Network, and minor parties and independents. Minor-party and independent votes were split.
These are votes on the bill itself rather than amendment votes.
Parliamentary debate
Start here — lead voices
Michaelia Cash supports the bill, saying it is needed to stop the ACTThe ACT is the self-governing territory the bill is about, where the drug law changes would have applied. from decriminalising dangerous drugs like ice and cocaine.
Read in Hansard ↗Pocock says he opposes the bill and wants it rejected, arguing it unfairly singles out the ACTThe ACT is the self-governing territory the bill is about, where the drug law changes would have applied. instead of dealing with drug harm through a coordinated national response.
Read in Hansard ↗Shoebridge opposes the bill and says it is a federal attack on ACTThe ACT is the self-governing territory the bill is about, where the drug law changes would have applied. self-government and evidence-based drug reform.
Read in Hansard ↗Ayres says the government will oppose the bill because it is an extraordinary Commonwealth вмешательство into ACTThe ACT is the self-governing territory the bill is about, where the drug law changes would have applied. self-government and would undermine the national, jurisdiction-by-jurisdiction approach to drug policy.
Read in Hansard ↗All speeches by bloc
1 speaker · 1 oppose
“I would say at the outset that, at the very least, the threshold for the Commonwealth intervening in the laws of the Australian Capital Territory, or indeed of the Northern Territory, should be very high. It's possible for senators to disagree on how high that threshold should be; in this case, it's a lower threshold for Senator Cash and the coalition than it is for myself and the government. What has invariably happened when these interventions have occurred is that these interventions have occurred when conservative governments have intervened in the affairs of the Australian Capital Territory, and, indeed, the Northern Territory, when they have been motivated by social issues, and issues that go to some social questions. Previously, it has been about end-of-life care in both the ACT and Northern Territory. There have not been interventions in relation to economic policy or the building of bridges or important infrastructure; it has simply been in relation to those issues. I say through you, Deputy President McLachlan, to Senator Cash that it's not possible, in my view, to assert that this does not affect territory rights. The effective cancellation of legislation in the territory does have a chilling effect on the territory's capacity to make laws. It is the bluntest possible intervention into territory rights. The people of the Northern Territory and the Australian Capital Territory have been very clear about this principle that self-government in the Australian Capital Territory means that they get to determine their own affairs, within the limits of what is provided for in state, territory and Commonwealth relations. And I do say, while I intend to address some of the issues of substance, this should be rejected on that basis and it must be rejected on that basis.”Read the full speech in Hansard ↗
1 speaker · 2 contributions · 1 support
Hansard records 2 separate contributions by Michaelia Cash on this bill. They are grouped here so the speaker is listed once.
Second reading speech
Michaelia Cash supports the bill, saying it is needed to stop the ACTThe ACT is the self-governing territory the bill is about, where the drug law changes would have applied. from decriminalising dangerous drugs like ice and cocaine. She argues the ACTThe ACT is the self-governing territory the bill is about, where the drug law changes would have applied. law would harm public safety, confuse police, and benefit organised crime.
“President, this Bill responds to the egregiously bad public policy outcomes of decriminalising ice and other hard drugs.”Read this contribution in Hansard ↗
Second reading speech
Michaelia Cash supports the bill, saying it is needed to overturn the ACTThe ACT is the self-governing territory the bill is about, where the drug law changes would have applied.'s drug law because decriminalising hard drugs will cause harm, fuel crime, and endanger families and first responders. She argues the ACTThe ACT is the self-governing territory the bill is about, where the drug law changes would have applied. law must be thrown out in the interests of Canberrans and Australians.
“Only misery will result from this terrible law. The ACT drug law is a bad law. It must be thrown out in the interests of all Canberrans and all Australians.”Read this contribution in Hansard ↗
1 speaker · 1 oppose
“Shame on the coalition for bringing this bill. I look forward to seeing it defeated in minutes.”Read the full speech in Hansard ↗
1 speaker · 1 oppose
“I do hope that we'll have a more serious discussion about drug reform. Clearly, the status quo isn't working. This is an issue in communities. There are families grieving. For many this is urgent. I strongly disagree that this is the way to deal with this, and I believe that Senator Cash's bill should be rejected by the Senate. I would be very open to looking at a way to look at this nationally—to looking at the national issue that this is—so that we can come up with a more coordinated response that will ensure that, when people need the support, they know where to go and there's not as much stigma attached to it, so we're not seeing the awful outcomes that we can all agree we need to avoid.”Read the full speech in Hansard ↗
Record
Senate · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Senate · Second reading moved
Second readingThe stage where Parliament debates whether to agree to the bill in principle before it goes any further. opened
A minister or sponsoring member moved the second readingThe stage where Parliament debates whether to agree to the bill in principle before it goes any further., opening the main debate on the bill's purpose and principles.
Senate · Second reading debate
Second readingThe stage where Parliament debates whether to agree to the bill in principle before it goes any further. debate
The bill reached this recorded parliamentary step.
Senate · Second reading negatived
Second readingThe stage where Parliament debates whether to agree to the bill in principle before it goes any further. debate
The bill reached this recorded parliamentary step.
