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Part 1—Preliminary

Part 1 Preliminary


1   Short title

                   This Act is the Legalising Cannabis Act 2023 .

2   Commencement

             (1)  Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.


Commencement information

Column 1

Column 2

Column 3




1.  The whole of this Act

The day after the end of the period of 3 months beginning on the day this Act receives the Royal Assent.


Note:          This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

             (2)  Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3   Simplified outline of this Act

This Act provides for cannabis strains to be registered and regulates certain activities relating to cannabis.

Part 3 requires the Cannabis Australia National Agency to keep a Register of Cannabis Strains.

Cannabis strains may be registered on the Register on the initiative of the Cannabis Australia National Agency or on application by any person (other than a person who produces or manufactures alcohol, tobacco or certain pharmaceutical products).

Division 1 of Part 4 regulates cannabis by making it an offence to do any of the following, except in certain permitted circumstances or if the activity is authorised by a licence issued by the Cannabis Australia National Agency:

       (a)     import a cannabis product;

      (b)     export a cannabis product;

       (c)     grow certain cannabis plants;

      (d)     manufacture cannabis products;

       (e)     sell cannabis products without a licence or to minors;

       (f)     allow minors to have access to certain cannabis products;

       (g)     publish cannabis advertisements, including electronically.

Division 2 of Part 4 provides that cannabis products can be possessed without criminal consequences in certain circumstances.

Division 3 of Part 4 enables the Cannabis Australia National Agency to issue licences that authorise regulated cannabis activities to be undertaken in accordance with the licence. Regulated cannabis activities include the following:

       (a)     growing cannabis plants;

      (b)     selling cannabis products;

       (c)     manufacturing cannabis products;

      (d)     operating a Cannabis Café;

       (e)     importing and exporting cannabis products.

Division 4 of Part 4 enables the Cannabis Australia National Agency to determine labelling, packaging and storage requirements for cannabis products.

Part 5 establishes the Cannabis Australia National Agency.

Note:          Nothing in this Act affects things done under a medicinal cannabis licence or permit under the Narcotic Drugs Act 1967 (see subsection 6(2)).

4  Crown to be bound

             (1)  This Act binds the Crown in each of its capacities.

             (2)  This Act does not make the Crown liable to be prosecuted for an offence.

5   Extension to external Territories

                   This Act extends to every external Territory.

6   Interaction with other laws

             (1)  This Act has effect despite any other law of the Commonwealth, whether enacted before or after the commencement of this Act.

             (2)  However, nothing in this Act affects anything done in accordance with a medicinal cannabis licence, or a medicinal cannabis permit, in force under the Narcotic Drugs Act 1967 .

             (3)  This Act is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Act.

Note:          For example, this Act is not intended to exclude or limit the operation of any State or Territory law that prohibits or regulates smoking.