The ACT and Northern Territory are set to be able to make laws on voluntary assisted dying for the first time in a quarter-century.

Legislation to repeal a 25-year-old law put in place by Liberal MP Kevin Andrews is set to pass the parliament, with the Senate prepared to sit all night until the bill is voted on. 

The Senate voted to bring the bill to its final stage last week with 41 votes for and 25 against. 

But the final vote was filibustered by some Liberal senators, who ran down the clock until time for the vote ran out. 

The final tally on Thursday will likely differ slightly with absent senators returning to parliament.

All parties have granted members a conscience vote given the sensitivities around voluntary assisted dying.

Independent ACT senator David Pocock has implored his colleagues to not conflate the repeal bill with a direct vote on voluntary assisted dying, saying it was purely a matter of territories’ rights.

Liberal senator Jonno Duniam flagged amendments that would ban euthanasia for people under the age of 18 as well as review the types and regulations of medication used.

The amendments are unlikely to succeed with senators spearheading the repeal bill saying any such safeguards would be in the hands of the territories when they legislate on the matter. 

Finance Minister and ACT senator Katy Gallagher said it was a simple repeal bill, nullifying the legislation which upholds the ban.

ACT Chief Minister Andrew Barr said Thursday “looks to be an historic moment for the ACT” and thanked senators who voted in support of territory rights.

Mr Barr and the ACT Human Rights Minister Tara Cheyne will be in the public gallery for the vote.

“We have actively campaigned to resolve an injustice that for 25 years has seen territory citizens denied their democratic rights on the basis of where they live,” Ms Cheyne said.

“We welcome the final vote today and acknowledge we are now closer than ever before to winning the hard fought battle to restore our territory rights.”

The bill passed the lower house in August, 99 votes to 37.

The NT legalised voluntary assisted dying in 1995 before the so-called Andrews’ bill overrode the territory’s law two years later and stripped both territories of their ability to legislate on the matter.

By Dominic Giannini in Canberra