Wyatt Roy (Longman, Liberal Party, Assistant Minister for Innovation) Share this | Hansard source

It is a great honour to speak on this bill. My support for it is predicated not only on the soundness of its principles. In meeting local families distressed by painful and chronic conditions, I have been granted a personal window on an anguished existence, where access to a safe, legal and reliable supply of medicinal cannabis would bring enormous relief. The sooner a robust legislative and regulatory process can be put in place the better. And this, the Narcotic Drug Amendment Bill 2016, will achieve that, for the first time creating a nationally consistent licensing scheme, regulating the controlled cultivation of cannabis for medicinal or scientific purposes.

The cultivation of cannabis is not currently authorised and regulated under the Narcotic Drugs Act 1967. This bill is about common sense and balance, reconciling the right to patient access with an undiminished commitment to community protection and Australia's international obligations under the Single Convention on Narcotic Drugs 1961. The bill allows for a legal supply of cannabis to be incorporated in safe and quality-assessed medicinal cannabis products. Patients will no longer have to turn to the black market as a means of mitigating their suffering and that of those who love and care for them, predominately their family and friends. The new laws will enshrine appropriate medical supervision around the use of these products. And when they are accessed in accordance with the Therapeutic Goods Act 1989 and relevant state and territory law, patients will not be exposed to criminal prosecution or the health risks associated with materials of unknown safety and quality.

Indeed, in straddling many sensitivities, these laws have demanded the stamp of consistency. The Commonwealth will control all regulatory aspects of the cultivation of medicinal cannabis through one national scheme, removing the capacity for states and territories to implement legislation to set up individual cultivation schemes. The result will be strong, consistent regulation right across the nation. In allowing the government to closely track the development of cannabis products for medicinal use from cultivation to supply, a national regulator will also curtail any attempts by criminals to get involved.

This is no accidental bill. We are here today because the overwhelming voice of our collective community, supported, I am happy to say, by bipartisan political leadership, has made it so. The last thing seriously ill patients or those plagued by chronic conditions need to contend with is an acute brush with the law. It is a real concern when desperately unwell people are forced to turn plain desperate, accessing unsafe, illegal supplies of cannabis and, in so doing, exposing themselves to both health risks and potential prosecution. At the same time, this government has the greatest compassion for these very same Australians and wants to ensure they are afforded access to the most effective medical treatments. To address this, the government is allowing for domestic cultivation and manufacture. I have no doubt that if passed, the legislation will see a reduction in the suffering of so many Australians, wherever their doctors determine medicinal cannabis to be of potential benefit.

There are provisions relating to the production and distribution of medicinal cannabis dating back to the Narcotic Drugs Act 1967 and the Therapeutic Goods Act 1989. Authorised prescribers include specialists working with particular patient groups and clinical trials run by research institutions and state and territory governments. However, these historic statutes are out of step with best practice, contemporary regulation. And the fact remains that Australia does not have a safe, legal and reliable supply of locally grown cannabis to satisfy the community expectation that it could and would provide relief for some patients, including those with terminal cancer, multiple sclerosis and children with intractable forms of epilepsy.

What we are talking about here is a ready source of medicinal cannabis products that doctors may prescribe, if appropriate. This legislation which has been described as the missing piece to patient access, establishes a licensing scheme for safe cultivation in Australia in complete accordance with Australia's international obligations and domestic interests, including minimising the risk of diversion to illicit use.

The obligations on Australia under the Single Convention on Narcotic Drugs 1961 are to control the cultivation, distribution and use of cannabis in a manner consistent with the legal uses provided for within the single convention. As well, the introduction of a rigorous 'fit and proper persons' test in the bill is squarely aimed at shutting out organised crime elements, protecting public health and preventing the risks of diversion and profiteering from the black market. Australia must also report regularly to the International Narcotics Control Board, which oversees the implementation of the single convention on quantities of narcotics produced, manufactured and used in order to preventing stockpiling of raw material beyond national and global needs.

To be clear, the bill amends the manufacturing provisions under the Narcotic Drugs Act 1967 to: ensure the integrity and security of the scheme such as through introduction of the 'fit and proper person test' for applicants for a manufacturing licence; update enforcement and penalty provisions to be consistent with modern regulatory practice; require applicants for a manufacturing licence for medicinal cannabis products to demonstrate a lawful supply pathway to patients, such as through a specific clinical trial or other supply that is permitted under the provisions of the Therapeutic Goods Act 1989 such as the authorised prescriber scheme.

Importantly, the bill does not override state and territory legislation dealing with criminal activities associated with the cultivation and trafficking of cannabis that occurs outside the regulatory scheme established by the amendments. This is a hugely significant moment for Australia and for the many patients, families and advocates who have fought loudly and relentlessly to demystify and destigmatise medicinal cannabis products.

The Turnbull government has worked closely with the states and territories, law enforcement agencies and other stakeholders over a long period to ensure the efficacy and robustness of the bill. After years of minefields and roadblocks, we now have the opportunity to secure a smooth legislative passage for these new laws. It is our chance to make a real difference in the lives of many Australians and their loved ones. We must do it and, for those reasons, I commend the bill to the House.

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