Page 4116 - Week 12 - Tuesday, 22 October 2019
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I would ask him to be directly relevant, or, if he is unable to answer that question, to refer it to the health minister.
MADAM SPEAKER: I do not think there is a point of order. He has made reference to the health minister. Would you like to add a comment, minister?
MS STEPHEN-SMITH: I thank Mr Hanson for the further opportunity to answer the question. As per the amendments that were made to the bill, I am required to release information in relation to both the legal and health risks associated with cannabis use, and that will certainly happen. That will include detailed information for the Canberra public about any legal situation that might arise.
MR HANSON: Attorney-General, why did you pass a law that potentially requires an unlucky Canberran to be arrested, charged and brought before a court even to determine if the law is valid or not?
MR RAMSAY: I draw to the attention of the shadow attorney-general the way that the ACT Legislative Assembly works, which is that it is not the role of the Attorney-General to pass legislation; it is actually the role of the Assembly. The Assembly passed the legislation because it upholds the values, the intent and the will of the people of Canberra.
Members interjecting—
MADAM SPEAKER: Members!
MR PARTON: Attorney, will the ACT intervene or cover costs for a person arrested, charged and put before a court to test a law that you have been formally advised is invalid?
MR RAMSAY: Again, there has been no formal advice to this government at all that the laws that have been passed are invalid.
Opposition members interjecting—
MR RAMSAY: I draw your attention to the wording of what the federal Attorney-General has said. He has not said in the advice to this government that the laws are invalid.
Justice—cannabis
MS LEE: My question is to the Attorney-General. Attorney, the federal Attorney-General has sent a letter to you stating that the personal cannabis use laws are invalid and will have no effect. He states that the commonwealth Criminal Code, section 308, will continue to operate in the ACT and that the defence under section 313 would not be available as the laws merely remove a penalty rather than provide a “positive legal basis to engage the defence”. The federal Attorney-General concluded that “these laws do not do what they think they do”. Attorney-General, do you accept that section 308 of the commonwealth Criminal Code applies here in the ACT?
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