Katy Gallagher says Peter Dutton trying to undermine ACT rights on drug laws

In a surprise even to the Leader of the ACT Liberals, Elizabeth Lee, the Coalition is seeking to overturn the ACT Labor-Greens government's controversial drug decriminalisation laws, which Opposition Leader Peter Dutton describes as madness and a disgrace.

The laws that cover small amounts of common recreational drugs such as cocaine, ecstasy (MDMA), ice, heroin, LSD, and amphetamines were introduced after the last territory election as a harm reduction measure. They are due to come into effect on October 28.

Without an ACT Liberal representative, WA Liberal senator Michaelia Cash on Thursday introduced by notice of motion a private senators' bill, the Australian Capital Territory Dangerous Drugs Bill 2023.

Mr Dutton told Sydney radio 2GB that he is urging federal Labor to take a stand on the ACT government.

This will be rejected by Labor.

"This is a matter for the ACT Assembly," Senator Gallagher said in a statement.

"The ACT Assembly is a mature parliament democratically elected by ACT voters."

"I have spent my career in public life supporting the rights of Canberrans to determine the laws, policies, and programs under which they are governed, and I will continue to do so despite the attempts by the federal Opposition to try to undermine them."

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ACT independent senator David Pocock has also slammed the move as another "hugely disappointing" attack on territory rights.

The Greens will oppose the Coalition's bill, with federal senator David Shoebridge telling reporters on Thursday that the legislation "has no future in the federal Parliament" and that he was "quite confident" a majority of MPs would vote it down.

"But it should never have been brought on, because it again treats Territorians like second class citizens," Senator Shoebridge said, before calling on the Coalition to withdraw the bill.

But Mr Dutton is determined that overturning ACT drug laws is a fight the Coalition wants to have, even after it eventually lost in its attempt to force the ACT government to hold an inquiry into the forced takeover of the Calvary Public Hospital Bruce. The bill by Queensland LNP senator Matt Canavan to force the inquiry failed on Thursday with a 26-to-32 vote defeat on the Senate floor.

The Opposition Leader said he is listening to the local ACT chief police officer Neil Gaughan, who said he was concerned that people will come from other cities to Canberra to take drugs.

"I don't think any good can come of it," Mr Dutton said. "I've delivered death messages to parents whose kids have died of overdoses. I've been to countless domestic violence incidences where, you know, blokes are as high as a kite, and they commit crimes that they wouldn't otherwise."

"How they can in good conscience do this and why the Prime Minister won't stand up to it is beyond me."

He insisted it is "not interfering with the territory's rights".

"There are federal agencies here who are advising against this act and the Prime Minister's responsibility is to stand up for all Australians. And at the moment, I think the bill we've got is sensible. It's measured, and it should be supported and I hope it will."

Speaking in Parliament on Thursday, ACT Greens' spokesperson for drug harm reduction Jonathan Davis rejected Mr Dutton's comments on drug reform as "disappointing scare mongering".

"I need to remind you people are dying under the status quo. Drug users aren't getting the support they need ... our criminal justice system and our prisons are clogged up with people who are there simply because they've used an illicit substance under the status quo," he said.

"I think it is intellectually mischievous and proves the politicking nature of the conservatives in this country if they are trying to undermine progressive evidence-based drug law reform without any alternative."

with Justine Landis-Hanley