Peter Dutton seeks to overturn ACT legislation decriminalising hard drugs

Peter Dutton to seek to overturn ACT legislation decriminalising possession of ice, heroin, cocaine and other hard drugs in an extraordinary intervention by the federal Coalition.

Opposition Leader Peter Dutton. Picture: NCA NewsWire / Martin Ollman

Canberra is set to become a “boom market” for drug dealers and crime gangs, according to Peter Dutton, as the federal ­Coalition proposes using commonwealth powers to override the ACT government’s decision to decriminalise the possession of ice, heroin, cocaine and other illicit substances.

The ACT government’s drug reforms, due to come into effect on October 28, would make Canberra the first city in Australia to decriminalise the possession of small quantities of illicit substances in a bid to divert people away from the justice system and towards treatment services.

But the Coalition announced it would move a private member’s Bill in the upper house on Thursday to use commonwealth powers to reverse the laws.

The Opposition Leader said the Coalition would take a stand against the “crazy government legislation” that would result in the Labor-Greens government “rolling out the red carpet for drug use and more crime”.

“These ACT drug laws beggar belief,” he said. “I am totally shocked and dismayed at what the ACT government is doing.

“The ACT government is rolling out the red carpet for drug use and more crime. It is effectively welcoming more ice, heroin, cocaine, MDMA, and speed, on our streets.”

As revealed by The Australian last month, ACT Health Minister Rachel Stephen-Smith admitted her government took the idea of decriminalising hard drugs to the election “quietly” and used a private member’s Bill to “quickly” pass the laws.

This was despite warnings by ACT Police in 2021 that any step towards decriminalising drugs should be made in a slow, “staged” manner, rather than relaxing the rules for several illicit substances at the same time.

The ACT Liberals sought to stall the changes this week, moving a motion for them to be delayed until after the 2024 election, but were ultimately voted down by the Labor-Greens coalition.

Mr Dutton – a former Queensland police officer – said the legislation would give a “green light” to drug use and importation to Canberra.

“The Australian Federal Police has warned that the laws would lure recreational drug users into Canberra and spark an increase in drug-related deaths,” he said.

“Police resources are already scarce. This will be a disaster as drug dealers see Canberra as a new boom market for organised crime. The proposed territory drug laws are a disgrace and the federal Coalition will be taking a stand.”

The decriminalising of drugs in the ACT – which will officially take place from October 28 – has heaped pressure on other jurisdictions to consider such a policy.

NSW Premier Chris Minns has said his government had no mandate to decriminalise drugs in this term.

Opposition legal affairs spokeswoman Michaelia Cash will in the Senate table the legislation to reverse the ACT laws, with the issue expected to be debated in the next sitting fortnight.

“Our nation’s capital should not be the drug capital,” she said.

“But the Prime Minister is doing nothing while the ACT Labor-Greens government has opened the door to dangerous drugs in Canberra.

“Where is the PM and where is Senator Katy Gallagher on this issue? Do they agree with this proposed drug law, or are they going to back our law enforcement agencies who are deeply opposed to it?”

When asked about the ACT’s policy by The Australian last week, a spokesman for Home Affairs Minister Clare O’Neil said “State and territory laws are a matter for those states and territories”.

ACT independent senator David Pocock slammed the federal Coalition for attacking Territory rights.

“It is hugely disappointing to see interstate senators continuing to try to interfere with the ACT’s democratically elected government,” he said.

“If they would like to see changes in the ACT’s laws, I would encourage them to run for the Legislative Assembly at next year’s election.”

The issue of Territory rights was brought into focus last year when the Commonwealth passed legislation allowing Canberra to make its own laws in regards to voluntary assisted dying, overturning rules put in place under the Howard government preventing such a move.

The ACT government is now considering implementing the most liberal euthanasia laws in Australia that could be accessed by children as young as 14.