13 October 2013

State action overtakes ‘stop gap’ synthetic drug ban

Note

With all states and territory drug laws now amended to capture dangerous and harmful synthetic drugs, the interim consumer product ban introduced by the Commonwealth has served its purpose.

The national interim ban imposed under the Australian Consumer Law was a timely and effective ‘stop gap’ measure while the necessary steps were taken to ensure that all state and territory drug laws captured goods containing certain synthetic drug substances.

There is no place for these synthetic drugs on our streets and we have already seen the harm and tragedy they can cause.

That’s why the Coalition has always taken a ‘tough on drugs’ approach, and will continue to do so.

A regulatory gap no longer exists with the commencement of NSW laws from 7 October 2013.

It is our view that police authorities are experienced and best trained, equipped and resourced to deal with the enforcement of synthetic drug bans.

The national interim ban on certain synthetic drugs and its subsequent extension twice will lapse on 13 October 2013 but have served their purpose in plugging the regulatory gap in efforts to tackle the availability of synthetic drugs and to punish those who perpetuate their availability.

I have accepted the advice of the Australian Competition and Consumer Commission that a permanent ban under consumer protection legislation is unnecessary and would result in regulatory duplication.

Under the Intergovernmental Agreement for the Australian Consumer Law, regard must be given to the views of state and territory agencies.

It is clear that a majority favour state-based laws and police enforcement over a consumer ban enforced by Fair Trading agencies.

I will list for discussion at the next Ministerial Council of Consumer Affairs Ministers whether further consideration of a national permanent consumer product ban is warranted in light of the state and territory legislative action and enforcement experience recently undertaken.