“Both ACT and Commonwealth laws apply at ANU as they would elsewhere in the ACT,” a university spokesperson clarified after the email had been sent. Photo: Michelle Kroll.
The Australian National University (ANU) has apologised for an email to students claiming the ACT’s upcoming drug decriminalisation laws would not apply on campus as the university is located on Commonwealth land.
“It is important to note that these ACT laws do not apply to the ANU campus, which is a Commonwealth authority on federal land, subject to Commonwealth law,” the email sent on Wednesday (4 October) to students living on campus said.
However, the university has since retracted this statement and apologised for the misunderstanding.
“We apologise for the confusion caused and we have contacted residents to clarify,” an ANU spokesperson said.
“Both ACT and Commonwealth laws apply at ANU as they would elsewhere in the ACT and the police may exercise the same powers that they have in the broader community.
“The key thing to note in this instance is that ANU does not allow illicit drugs in our residences and it continues to be a breach of the accommodation occupancy agreement to consume, possess or distribute illegal substances.
“This letter was intended to reiterate that to our residents.”
ACT Attorney-General Shane Rattenbury also confirmed that the email was sent in error.
“The ACT Government has been speaking with the ANU,” he said on Thursday.
“It is quite clear that ACT laws do apply on the ANU campus, and that includes the new drug laws, but generally, ACT laws apply across the territory.
“There are a few very limited exceptions around Commonwealth law, but the ACT laws generally apply right across all of the ACT.”
Mr Rattenbury acknowledged there was some “uncertainty” but said the ACT Government will be making a significant effort to “be very clear about what the law is”.
“The ANU has been clear that this was an error and I think it provides a useful opportunity perhaps to clarify some questions,” he said.
He also noted that students should be mindful both of the ACT’s laws and the rules that apply within the ANU campus that the university is free to apply within the institution.
Speaking to ABC Radio, Deputy Commissioner Gaughan confirmed that “the ACT law will apply in the ACT campus”.
He said that students found with drugs will still have them seized.
“If they’re in possession of drugs, the drugs are going to be taken off them because it’s illegal. The issue is whether or not they’re issued with a fine or we go to a diversion,” he said.
Under the new law, the drugs will be confiscated, and the person will be issued a $100 fine or directed to attend an assessment and harm reduction session. This may also result in referral to (voluntary) treatment if appropriate.
In most instances, police will seek to divert or fine an individual, but police will retain the power to arrest an individual. It is still at the discretion of the police which course of action will be undertaken.
Deputy Commissioner Gaughan also clarified that the law will apply in other parts of Canberra that are Commonwealth land, such as around the lake.
“Certainly, if someone’s walking around Lake Burley Griffin, which is NCA [National Capital Authority] land, they’ll be treated as if the ACT law applies.”
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