1st November 2023 10:04
Victorian Legislative Council, Melbourne
Rachel PAYNE (South-Eastern Metropolitan) (10:04): I lay on the table a statement of compatibility with the Charter of Human Rights and Responsibilities Act 2006:
In accordance with section 28 of the Charter of Human Rights and Responsibilities Act 2006, (the Charter), I make this statement of compatibility with respect to the Drugs, Poisons and Controlled Substances Amendment (Regulation of Personal Adult Use of Cannabis) Bill 2023.
In my opinion, the Bill as introduced to the Legislative Council, is compatible with human rights as set out in the Charter. I base my opinion on the reasons outlined in this statement.
Overview of bill
The purpose of the Drugs, Poisons and Controlled Substances Amendment (Regulation of Personal Adult Use of Cannabis) Bill 2023 is to amend the Drugs, Poisons and Controlled Substances Act 1981 to make it lawful for an adult to possess a small quantity of cannabis or tetrahydrocannabinol for personal use, to make it lawful for an adult to use cannabis or tetrahydrocannabinol, to make it lawful for an adult to cultivate not more than 6 cannabis plants for personal use, and to permit an adult to give cannabis by way of a gift to another adult, and related changes.
Human rights issues
Human rights protected by the Charter that are relevant to the Bill:
The Drugs, Poisons and Controlled Substances Amendment (Regulation of Personal Adult Use of Cannabis) Bill 2023 does not limit any human right, rather it engages and promotes the right to equality before the law set out in section 8 of the Charter and the right to liberty as set out in section 21 of the Charter.
Consideration of reasonable limitations – section 7(2):
As the Bill does not limit any human rights, it is not necessary to consider section 7(2) of the Charter.
Conclusion
I consider that the Bill is compatible with the Charter.
Rachel Payne MP
Member for the South-Eastern Metropolitan Region
Legalise Cannabis Victoria
Second reading
Rachel PAYNE (South-Eastern Metropolitan) (10:04): I move:
That the bill be now read a second time.
[CONTENT TO BE INCORPORATED]
[CONTENT TO BE INCORPORATED]
Lee TARLAMIS (South-Eastern Metropolitan) (10:11): I move:
That debate on this bill be adjourned for two weeks.
Motion agreed to and debate adjourned for two weeks.
The PRESIDENT: I acknowledge in the gallery former member of this chamber Fiona Patten.
[ENDS]
