Tony Pasin (Barker, Liberal Party) Share this | Hansard source

I rise today to support the Narcotic Drugs Amendment Bill 2016. Currently in Australia there are systems in place to license the manufacture and supply of cannabis based products. However, there is no mechanism to allow the cultivation of a safe, legal and sustainable local supply of cannabis. This is a situation which limits the options available to patients when it comes to pain prevention medication. Provisions enabled by the legislation currently before the House will deliver responsible and reasonable supply of raw material for the manufacture of medicinal cannabis for therapeutic and scientific purposes. This bill is consistent with public opinion. In 2013 the National Drug Strategy Household Survey showed that 69 per cent of Australians support a change to legislation permitting the use of cannabis for medicinal purposes.

The bill takes a reasonable approach to provision of medical services and enables a strong framework to be put in place for the cultivation and manufacture of medicinal cannabis in this country. It is a bill which provides the critical missing piece, if you like, for the Commonwealth to enable a sustainable supply of safe medicinal cannabis products to Australian patients in the future. In conjunction with established mechanisms, the amendments provide a secure supply chain from farm to pharmacy.

We have taken a balanced and comprehensive approach to this legislation which will deliver a strong balance between patient access, community protection and Australia's international obligations. This approach has been informed by a debate which has occurred within the community around this issue. There is currently growing concern for the welfare of those with terminal diseases and multiple sclerosis and of children with intractable forms of epilepsy. It is widely acknowledged that, due to supply issues, these individuals may be being unfairly denied access to effective pain relief. There is an undeniable consensus that persons suffering from such conditions should have ready access to affordable medicinal cannabis products that their doctor can prescribe.

The Australian government is in broad agreement and is taking action today, through this bill, to deliver better outcomes for our health system and its patients. The intent of this bill is not to legalise the use of cannabis in Australia. Rather, it is a bill which delivers a strong, sustainable and safe supply of medicinal cannabis for the use of some in our society most in need when it comes to pain relief. The status quo is simply not sufficient, with some patients turning to the black market, sadly, for    cannabis products for their use. Not only do they risk their own physiological safety, through a lack of medical assurance; they also inadvertently fund organised criminal networks, which affects the safety of us all.

It is the role of government to deliver assistance to those least able to deal with things themselves, and certainly the provision of adequate health care is part of that social compact. This government believes that, in the same way that the use of pain medication derived from opiates should not be conflated with the use of illegal substances such as heroin, the use of medicinal cannabis should not be conflated with the recreational use of marijuana. This bill employs such a distinction and it delivers a sound policy framework which protects the legitimate needs of the industry in delivering adequate supply from the corruptive influences of organised crime.

There are some important steps and safeguards that must be enacted to ensure that the system delivers for those in need. Because of the criminality associated with the use of cannabis, decisions to use medicinal cannabis are often made without appropriate medical advice from suitable medical specialists. Further, due to strict supply safeguards which are rightly imposed on the export of cannabis, both domestically and internationally, supply is a significant issue for many users.

As I have said, currently in Australia there are systems in place to license the manufacture and supply of cannabis based products. However, there is no mechanism to allow the cultivation of a safe, legal and sustainable local supply of the raw material. In order to rectify this situation, the coalition government is today putting in place an architecture which will inform the cultivation, production and manufacture of medicinal cannabis across the nation.

It is vital that we have a clear national licensing system to ensure the integrity of crops for this purpose and this purpose alone. These legislative amendments allow the government to track the development of medicinal cannabis products from cultivation to supply. When it comes to cultivation, this bill provides two types of licences: one for the production of cannabis for medicinal purposes and one for the production of cannabis for research purposes related to medicinal purposes. This will put in place the legal avenues which will deliver producers clear guidelines about their rights and responsibilities. This will provide clarity to the industry and accountability to government.

Part of the licensing arrangement will be the application of a 'fit and proper' test. This test will apply to applicants for a licence to cultivate, licence holders and relevant business associates and family members. In putting in place this testing arrangement, the Commonwealth is taking on board advice from the Australian Crime Commission and the Australian Federal Police. The test will ensure that prospective participants in the industry will have the financial wherewithal to discharge the obligations of holding a cultivation licence. This will ensure that organised criminal networks cannot leverage instability in the marketplace to manipulate cultivators and distributors. Such a test ensures that organised criminal elements do not use the scheme as a cover for their illicit activities. The 'fit and proper' test delivers an adequate level of protection to the industry and will fundamentally ensure the industry's integrity. In so doing, it will enable the industry to provide the consistency required in supply.

The last thing this government wants to do is provide an avenue for organised criminal networks to exploit the legitimate needs of Australian citizens when it comes to health care. That is why, on top of applying the 'fit and proper' test to prospective cultivators through to distributors, the government is updating the outdated deterrent penalty provisions which were enacted in 1967 and have, unfortunately, lost the gravity of their intended deterrent effect. This is particularly the case with financial penalties for unauthorised cultivation.

Further, this bill will not override any state or territory legislation dealing with criminal activities associated with the illegal cultivation and trafficking of cannabis that occurs outside the regulatory scheme established by this bill. The Australian government has made a commitment to work collaboratively with state and territory governments to not only share knowledge and information on issues related to the appropriate use of therapeutic products derived from cannabis but also consider health and law enforcement concerns for the control of cannabis in Australia.

This bill is taking steps to satisfy the supply issues that plague the provision of medicinal cannabis in Australia. It provides clarity to industry about their rights and responsibilities as cultivators and delivers strong accountability and integrity to the community. The bill sets the framework in place for a sustainable supply of locally cultivated raw material for the provision of medicinal cannabis, whilst ensuring the system is not manipulated by organised criminal networks. I cannot think of a better place for growing medicinal cannabis than in my electorate, be it in the Riverland in the north or the irrigated areas of the south-east, but that of course will be a matter for industry and government in full consultation. This bill provides better outcomes for our health system and ultimately better outcomes for our citizens. I commend it to the House.

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