Page 842 - Week 03 - Tuesday, 20 March 2012

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Like the Commonwealth strategy, the ACT strategy is guided by the harm minimisation approach. The demand reduction and harm reduction aspects of the harm minimisation approach are important concepts that aim to both reduce the uptake of harmful drug use and the drug related harm to individuals and communities. The ACT Strategy recognises the many underlying causes of illicit drug use, and aims to provide programs and services to address these causes.

By acknowledging the on-going causes and use of illicit substances in the community, the ACT Strategy will continue to focus on those who continue to suffer disadvantage, which includes people who are affected by the harms caused by illicit drug use. The ACT Government is committed to minimising the harm that is caused by illicit drug use, while recognising the individual needs of all citizens in the ACT.

The revision of current laws

The ACT Government is keen to ensure that ACT laws continue to be effective tools in the investigation and prosecution of serious drug offences and serious organised crime. In doing so, the Government has sought to ensure that serious drug laws target those trafficking in illicit drugs rather than inadvertently categorising illicit drug-users as traffickers.

The ACT Government has recently undertaken a process to review and update the substances that are notified classified as controlled precursors in the ACT. The prohibited precursor schedules underpin the serious drug offences in chapter 6 of the Criminal Code 2002, as they recognise the substances that are used to create controlled drugs. It is imperative that the drugs and chemicals included in the schedules keep pace with contemporary law enforcement.

On 25 October 2010 the Criminal Code Amendment Regulation 2010 was notified. The regulation substituted a new definition of ‘controlled drugs’, a new definition of ‘controlled precursors’, inserted three new substances to be classified as controlled drugs and substituted a new precursor schedule.

The 2010 amendments adopt a selection of the reforms noted by the Ministerial Council on Drug Strategy (‘MCDS’) in May 2007 for the model national approach to controlled drug, precursor and plant schedules.

The ACT Government recognises that it is necessary to periodically review the controlled drugs, plants and precursors due to the development of new drugs and the changes in the methods and precursors used to produce the controlled drugs. Consistent with the ACT Strategy, it is the intent of the criminal justice response to illegal drug trade and use to develop evidence-based policies and initiatives to ensure that issues associated with harmful alcohol, tobacco and other drug use are addressed in an effective way.

The ACT Government is continuing to review its criminal justice response to illicit drugs. The ACT Government is currently reviewing its approach to the drugs and amounts that are prescribed as ‘controlled drugs’ and has convened a Drug Schedules Working Group to consider the model schedules and quantities for drugs, plants and precursors that the Intergovernmental Committee on Drugs developed (‘the model drug schedules’). The Drug Schedules Working Group consists of members from ACT Policing, the ACT Director of Public


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