Territory rights: Federal Coalition seeks to overturn the ACT government's drug laws

A "totally shocked and dismayed" Opposition Leader Peter Dutton backs the attack on the laws which were introduced as a harm reduction measure just months after the last territory election. He said the territory's dealings on drugs were "madness" and a "disgrace," but ACT independent David Pocock has slammed the move as another "hugely disappointing" attack on territory rights.

It comes just a day after a federal Coalition effort, led by Queensland LNP senator Matt Canavan, to force the ACT government to hold a Calvary takeover inquiry failed with a 26-to-32 vote defeat on the Senate floor.

Without an ACT Liberal representative, West Australian Liberal senator Michaelia Cash on Thursday - the last day of the sitting fortnight - introduced by notice of motion a Private Senators' Bill, the Australian Capital Territory Dangerous Drugs Bill 2023.

While almost certain not to get Labor support, Senator Cash has taken aim at Anthony Albanese and the ACT Labor senator Katy Gallagher.

"Our nation's capital should not be the drug capital," the shadow attorney-general said in a statement.

"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?"

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Under the changes, which passed the ACT Legislative Assembly last October, a person caught with illicit drugs within an allowable amount will either be given a $100 fine or be sent to a diversion program.

Most common recreational drugs will be decriminalised, including cocaine, ecstasy (MDMA), ice, heroin, LSD, and amphetamines.

The Opposition Leader regards the changes that will come into effect on October 28 as "madness."

"These ACT drug laws beggar belief. I am totally shocked and dismayed at what the ACT government is doing," Mr Dutton said.

"As a former police officer, I know that our hard-working law enforcement agencies work tirelessly to keep drugs off the streets and to keep our community safe, yet here we see this crazy government legislation that gives a green light to drug use and drug importation to Canberra.

"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."

The former shadow attorney-general Julian Leeser will run the case for the bill when it comes to the House.

"We intend to override the ACT law and throw it out," Mr Leeser said. We are calling on Anthony Albanese and federal Labor to exercise their constitutional responsibility by voting with us so we can overturn this madness from the territory."

There is no support from the ACT independent senator.

"Another day, another attack on territory rights," Senator Pocock said after spotting the motion being circulated on Thursday ahead of its introduction.

"It is hugely disappointing to see interstate senators continuing to try and interfere with the ACT's democratically elected government.

"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 ACT Health Minister Rachel Stephen-Smith faced a challenge from the territory's opposition this week over the laws after a recording emerged of her telling national Labor conference attendees the government took its policy to the election "quietly".

The ACT's Liberal opposition said the government has no mandate for the laws and the start of the decriminalisation should be delayed until after the next election, but the minister said drugs would still be illegal.

"It is important to clarify the exact intent behind these drug law reforms, we are not legalising drugs. The government does not condone drug use, it remains risky and dangerous to consume illicit drugs," she said.

"Supply drugs, trafficking, dealing or even giving illicit drugs to another person remains subject to substantial criminal penalties."

"There is no evidence that this change will have any significant impact on either supply or demand."

The Canberra Liberals have pledged to reverse the policy if elected next year.

The ACT's chief police officer Neil Gaughan also expressed fears about the changes, saying he expected people to come from places such as Sydney to use illicit drugs.

The motion was circulated on Thursday as flagging the introduction of a Bill for an Act to modify the operation of the Drugs of Dependence (personal use) Amendment Act 2022 (ACT).

On Wednesday, in what was seen as an attack on territory rights, the last-ditch attempt to force the ACT to conduct an inquiry into the takeover of Calvary Public Hospital Bruce was voted down in the Senate.

The Greens and ACT independent Senator David Pocock joined with the government to vote down Senator Canavan's private senators' bill, 32 votes to 26.

It is expected the new bill will be debated in Parliament's October sittings after the Voice referendum.