West Australian Liberal senator Michaelia Cash has declared the incoming ACT drug laws a "national issue" and she has a "duty" to try and override them in a move she insists does not impact on territory rights.
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The shadow attorney-general's private senators' bill, the Australian Capital Territory government's Drugs of Dependence (Personal Use) Amendment Act 2022, is due to be debated in the Senate on Thursday, but she admits it is unlikely to pass, much like the failed attempt on Tuesday to send the bill to a Senate inquiry.
ACT Chief Minister Andrew Barr on Wednesday called on "progressive forces" in the Senate to continue resisting "hyper-political culture war" attempts by the federal Coalition to intervene in territory matters.
![Senator Michaelia Cash. Picture by Gary Ramage
Senator Michaelia Cash. Picture by Gary Ramage](/images/transform/v1/crop/frm/3BUUzmFAhrhLyX9rFCubPq5/7b9346ac-bde8-48d6-8469-0ea3f118e9db.jpg/r0_204_4000_2462_w1200_h678_fmax.jpg)
In an interview with The Canberra Times, Senator Cash said the Coalition was not keeping a "special eye" on the ACT in the lead up to the next territory election, but it wants to send a clear message that "we are tough on drugs."
"This is actually the bitter reality. It is a parking fines scheme that applies to the possession of ice, heroin, cocaine, MDMA, and speed," she said.
"Parking offences in Canberra are now treated more seriously than the dangerous drugs that do so much harm to our community.
"This is not about territory rights. It's about saving lives. Quite frankly, the new ACT drug laws, they do beggar belief."
Under the laws introduced as a harm-reduction measure, people found with amounts of common illicit recreational drugs such as cocaine, ecstasy (MDMA), ice, heroin, LSD, and amphetamines considered to be personal possession would be subject to fines rather than criminal charges.
They are due to come into effect on October 28.
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Senator Cash said she accepted that the ACT Legislative Assembly was a democratically-elected parliament, and argued the proposed action in the bill does not affect territory rights because "it doesn't amend the powers of the ACT Legislative Assembly."
"All it says is, it does one simple thing, it preserves the status quo. So we as a Parliament would be preserving the law as it stands in the ACT. In my opinion, as the shadow attorney-general, I would be remiss if because I could take action, and I can, I did not.
"This is a national issue. Our nation's capital should not be the drug capital. And the Prime Minister is doing nothing."
![ACT Chief Minister Andrew Barr says the Federal Coalition are "throwing red meat to the base". Picture by Karleen Minney ACT Chief Minister Andrew Barr says the Federal Coalition are "throwing red meat to the base". Picture by Karleen Minney](/images/transform/v1/crop/frm/128375134/9666ea67-e0b9-4e47-907b-a1d8108c6815.jpg/r0_422_8256_5082_w1200_h678_fmax.jpg)
The Chief Minister said he expected more attempts by the Coalition to interfere in territory rights and continue a "hyper-political culture war".
"The federal Coalition can't help themselves but want to interfere in the democratic rights of the ACT. We've seen this on numerous occasions and I expect we will continue to see it," Mr Barr told reporters in Canberra.
"It's part of a culture war. It's about, I think they describe it as throwing red meat to their conservative base. But it demonstrates the values of the Liberal Party, in particular, that they are prepared to trample on the rights of ACT residents through their democratically-elected parliament."
During the Coalition's nine-year term, it defunded the independent advisory bodies, the Alcohol and Other Drugs Council of Australia, the Australian National Council on Drugs (ANCD), and the National Indigenous Drug and Alcohol Committee (NIDAC).
Senator Cash denies it is a political stunt. She said it is about saving lives.
"I will not stand here as the shadow attorney-general, the potential attorney-general of this country, but also a former attorney-general of this country, and not take action in relation to a law that, as I said, is going to potentially kill people - kill young people," she said.
"This is no stunt. I would hope the Senate has an opportunity to properly consider my bill should they so wish. If Labor and the Greens choose not to that's for them to explain."