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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Police Powers (Drug Premises)
Bill 2001
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Definitions 2
4 Notes 3
Part 2 Search of suspected drug premises
5 Issue of search warrant--suspected drug premises 4
6 Execution of search warrant 4
7 Search and arrest of persons pursuant to search warrant 4
8 Provisions relating to issue of search warrants under this
Part 5
9 Obstructing police officer executing search warrant 5
Part 3 Offences involving drug premises
Police Powers (Drug Premises) Bill 2001
Contents
Page
10 Possession of prohibited drugs, or presence of prohibited
drugs, on premises 6
11 Evidence that premises are drug premises 6
12 Offence of entering, or being on, drug premises 7
13 Allowing use of premises as drug premises--offence by
owner or occupier 7
14 Offence of organising drug premises 8
Part 4 Miscellaneous
15 Proceedings for offences 9
16 Offences by corporations 9
17 Forfeiture to Crown 10
18 Application of other laws 10
19 Regulations 10
20 Amendment of Acts 11
21 Monitoring of Act by Ombudsman 11
22 Review of Act 12
Schedules
1 Amendment of Bail Act 1978 No 161 13
2 Amendment of Criminal Assets Recovery Act 1990 No 23 14
3 Amendment of Drug Misuse and Trafficking Act 1985
No 226 15
4 Amendment of Summary Offences Act 1988 No 25 16
5 Consequential amendment of other Acts 18
Contents page 2
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY, has
finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of NEW
SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2001
New South Wales
Police Powers (Drug Premises)
Bill 2001
Act No , 2001
An Act with respect to the unlawful use of premises for the supply or manufacture
of certain prohibited drugs; to amend the Bail Act 1978 to make further provision
with respect to the grant of bail in relation to offences involving firearms and
prohibited weapons; to amend the Criminal Assets Recovery Act 1990 to make
provision with respect to criminal activity in respect of such unlawful use of
premises; to amend the Drug Misuse and Trafficking Act 1985 with respect to joint
possession; to amend the Summary Offences Act 1988 to make further provision
with respect to police powers to give directions to persons in public places; and for
other purposes.
See also Police Powers (Internally Concealed Drugs) Act 2001.
I have examined this Bill, and find it to correspond in all respects with the Bill as
finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Police Powers (Drug Premises) Bill 2001
Part 1 Preliminary
The Legislature of New South Wales enacts:
Part 1 Preliminary
1 Name of Act
This Act is the Police Powers (Drug Premises) Act 2001.
2 Commencement
This Act commences on a day or days to be appointed by
proclamation.
3 Definitions
(1) In this Act:
authorised justice has the same meaning as it has in the Search
Warrants Act 1985.
drug premises means any premises that are used for the unlawful
supply or manufacture of prohibited drugs.
exercise a function includes perform a duty.
firearm has the same meaning as it has in the Firearms Act 1996.
function includes a duty.
lookout, in relation to premises, means a person who is in the vicinity
of the premises for the purpose of communicating to any person on the
premises to warn the person of impending police action.
manufacture has the same meaning as it has in the Drug Misuse and
Trafficking Act 1985.
money includes any valuable thing or security for money.
occupier of premises includes the lessee or sublessee who is not the
owner of the premises.
owner of premises includes any person:
(a) who is entitled to freehold possession of the premises, or
(b) who is in actual receipt of, or entitled to receive, or if the
premises were let to a tenant, would be entitled to receive, the
rents and profits of the premises.
Page 2
Police Powers (Drug Premises) Bill 2001 Clause 3
Preliminary Part 1
premises includes any structure, building, aircraft, vehicle, vessel or
place (whether built upon or not), and any part of any such structure,
building, aircraft, vehicle, vessel or place.
prohibited drug means a substance that is a prohibited drug within the
meaning of the Drug Misuse and Trafficking Act 1985, but does not
include cannabis leaf, cannabis oil or cannabis resin.
Note. Prohibited drugs are substances (other than prohibited plants) specified in
Schedule 1 to the Drug Misuse and Trafficking Act 1985. The substances include,
for example, cocaine and heroin but do not include prohibited plants such as
cannabis.
prohibited weapon has the same meaning as it has in the Weapons
Prohibition Act 1998.
supply has the same meaning as it has in the Drug Misuse and
Trafficking Act 1985.
(2) For the purposes of this Act, a thing is connected with a particular
offence if it is:
(a) a thing with respect to which the offence has been committed,
or
(b) a thing that will afford evidence of the commission of the
offence, or
(c) a thing that was used, or is intended to be used, for the purpose
of committing the offence.
(3) A reference in this Act to an offence includes a reference to an offence
that there are reasonable grounds for believing has been, or is to be,
committed.
4 Notes
Notes included in this Act do not form part of this Act.
Page 3
Clause 5 Police Powers (Drug Premises) Bill 2001
Part 2 Search of suspected drug premises
Part 2 Search of suspected drug premises
5 Issue of search warrant--suspected drug premises
(1) A police officer of or above the rank of sergeant who has reasonable
grounds for believing that any premises are being used for the unlawful
supply or manufacture of any prohibited drug may apply to an
authorised justice for a search warrant.
(2) An authorised justice to whom such an application is made may, if
satisfied that there are reasonable grounds for doing so, issue a search
warrant authorising any police officer to enter and search the premises.
6 Execution of search warrant
For the purposes of executing a search warrant issued under this Part
in respect of premises, a police officer may:
(a) pass through, from, over or along any other land or building for
the purpose of entering the premises, and
(b) break open doors, windows or partitions, and
(c) do such other acts as may be necessary.
7 Search and arrest of persons pursuant to search warrant
(1) A police officer executing a search warrant issued under this Part may:
(a) search any person on the premises, and
(b) arrest or otherwise proceed against any person on the premises,
and
(c) seize any firearm or other thing found on the premises that the
police officer has reasonable grounds for believing is connected
with an offence, and
(d) without limiting paragraph (c), seize any prohibited drug and
money found on the premises and any syringe or other thing
that is kept or used in connection with, or that relates to, any
activity prohibited by or under the Drug Misuse and Trafficking
Act 1985, and
(e) require any person on the premises to state his or her full name
and residential address.
Page 4
Police Powers (Drug Premises) Bill 2001 Clause 7
Search of suspected drug premises Part 2
(2) The power conferred by subsection (1) to seize a thing includes:
(a) power to remove the thing from the premises where it is found,
and
(b) power to guard the thing in or on those premises.
8 Provisions relating to issue of search warrants under this Part
Part 3 of the Search Warrants Act 1985 applies to a search warrant
issued under this Part.
Note. Part 3 of the Search Warrants Act 1985 contains provisions relating to, for
example, the way in which an application is to be made for a search warrant, the
execution of the warrant and the expiry of the warrant.
9 Obstructing police officer executing search warrant
(1) If a police officer is authorised under this Part to enter any premises,
a person must not:
(a) wilfully prevent the officer from entering or re-entering those
premises or any part of those premises, or
(b) wilfully obstruct or delay the officer from entering or
re-entering those premises or any part of those premises, or
(c) give an alarm or cause an alarm to be given for the purpose of:
(i) notifying another person of the presence of the officer,
or
(ii) obstructing or delaying the officer from entering or
re-entering those premises or any part of those premises.
Maximum penalty: 50 penalty units or imprisonment for 12 months (or
both).
(2) A person on premises who, without reasonable excuse, fails to comply
with a requirement to state his or her full name and residential address
made by a police officer authorised under this Part to enter the
premises is guilty of an offence.
Maximum penalty: 50 penalty units.
Page 5
Clause 10 Police Powers (Drug Premises) Bill 2001
Part 3 Offences involving drug premises
Part 3 Offences involving drug premises
10 Possession of prohibited drugs, or presence of prohibited drugs, on
premises
In proceedings for an offence against this Part, it is not necessary to
prove that the person had a prohibited drug in his or her possession or
that a prohibited drug was found on any premises involved in the
offence.
11 Evidence that premises are drug premises
(1) A court must not find a person guilty of an offence against this Part
unless the prosecution satisfies the court beyond a reasonable doubt
that at the time the offence is alleged to have been committed any
premises involved in the offence were being used for the unlawful
supply or manufacture of any prohibited drug.
(2) Without limiting matters to which regard may be had in determining
whether premises involved in the offence were being used for the
unlawful supply or manufacture of any prohibited drug, regard may be
had to any or all of the following:
(a) evidence that a police officer authorised by law to enter the
premises was wilfully prevented from, or obstructed or delayed
in, entering or re-entering those premises or any part of those
premises,
(b) evidence of the external or internal construction of the
premises, including any external or internal door of, or means
of access to, those premises that is found to be likely to have
been fitted with a bolt, bar, chain, or any means or device for
the purpose of preventing, delaying or obstructing the entry or
re-entry into those premises of such a police officer or any
other person, or for giving an alarm in case of such entry or
re-entry,
(c) evidence of a person acting as a lookout to warn persons on the
premises of the approach of police officers or other persons,
(d) evidence that there was found on those premises, or in the
possession of a person on those premises, any syringe or other
means or device used in the supply, manufacture or use of a
prohibited drug,
Page 6
Police Powers (Drug Premises) Bill 2001 Clause 11
Offences involving drug premises Part 3
(e) evidence that there was found on the premises, or in the
possession of a person on the premises, a firearm or prohibited
weapon the possession of which is unlawful,
(f) evidence that there was found on those premises any
documents or other records, including any computer records,
that appear to have been kept or used in connection with the
unlawful supply or manufacture of a prohibited drug,
(g) evidence that there was found on the premises any large
amount of money that is not accounted for by the owner or
occupier of the premises,
(h) evidence that there were found on those premises persons who
appeared to be affected by a prohibited drug.
12 Offence of entering, or being on, drug premises
(1) A person who is found on, or who is found entering or leaving, drug
premises is guilty of an offence.
Maximum penalty:
(a) for a first offence--50 penalty units or imprisonment for 12
months (or both), and
(b) for a second or subsequent offence--500 penalty units or
imprisonment for 5 years (or both).
(2) A person is not guilty of an offence under this section if the person
satisfies the court that he or she was on, or was entering or leaving, the
drug premises for a lawful purpose or with a lawful excuse.
13 Allowing use of premises as drug premises--offence by owner or
occupier
A person who is the owner or occupier of any premises must not
knowingly allow the premises to be used as drug premises.
Maximum penalty:
(a) for a first offence--50 penalty units or imprisonment for 12
months (or both), and
(b) for a second or subsequent offence--500 penalty units or
imprisonment for 5 years (or both).
Page 7
Clause 14 Police Powers (Drug Premises) Bill 2001
Part 3 Offences involving drug premises
14 Offence of organising drug premises
(1) A person must not organise or conduct, or assist in organising or
conducting, any drug premises.
Maximum penalty:
(a) for a first offence--50 penalty units or imprisonment for 12
months (or both), and
(b) for a second or subsequent offence--500 penalty units or
imprisonment for 5 years (or both).
(2) For the purposes of this section, a person assists in organising or
conducting drug premises if, for example, the person acts as a lookout,
door attendant or guard in respect of any premises that are organised
or conducted as drug premises.
(3) A person is not guilty of an offence under this section of organising or
conducting drug premises or of assisting in organising or conducting
drug premises if the person satisfies the court that he or she did not
know, and could not reasonably be expected to have known, that the
premises were being organised or conducted as drug premises.
Page 8
Police Powers (Drug Premises) Bill 2001 Clause 15
Miscellaneous Part 4
Part 4 Miscellaneous
15 Proceedings for offences
(1) Except as provided by subsection (2), proceedings for an offence
under this Act or the regulations are to be dealt with summarily before
a Local Court constituted by a Magistrate sitting alone.
(2) A second or subsequent offence under section 12, 13 or 14 is to be
prosecuted on indictment.
Note. However, Division 3 of Part 2 of the Criminal Procedure Act 1986 (which
relates to the summary disposal of certain indictable offences unless an election
is made to proceed on indictment) applies to and in respect of any such second or
subsequent offence.
(3) If proceedings for an offence under this Act are dealt with summarily
before a Local Court, the maximum penalty that may be imposed is
100 penalty units or imprisonment for 2 years (or both), or the
maximum penalty provided for the offence, whichever is the lesser.
16 Offences by corporations
(1) If a corporation contravenes (whether by act or omission) any
provision of this Act or the regulations, each person who is a director
of the corporation or who is concerned in the management of the
corporation is taken to have contravened the same provision, unless the
person satisfies the court that:
(a) the corporation contravened the provision without the actual,
imputed or constructive knowledge of the person, or
(b) the person was not in a position to influence the conduct of the
corporation in relation to its contravention of the provision, or
(c) the person, if in such a position, used all due diligence to
prevent the contravention by the corporation.
(2) A person may be proceeded against and convicted under a provision
pursuant to this section whether or not the corporation has been
proceeded against or been convicted under that provision.
(3) Nothing in this section affects any liability imposed on a corporation
for an offence committed by the corporation under this Act or the
regulations.
Page 9
Clause 16 Police Powers (Drug Premises) Bill 2001
Part 4 Miscellaneous
(4) Without limiting any other law or practice regarding the admissibility
of evidence, evidence that an officer, employee or agent of a
corporation (while acting in his or her capacity as such) had, at any
particular time, a particular intention, is evidence that the corporation
had that intention.
17 Forfeiture to Crown
(1) If a person is convicted of an offence under this Act:
(a) any money or thing that is kept or used in connection with, or
that relates to, any activity prohibited by or under the Drug
Misuse and Trafficking Act 1985, that is seized in relation to
the offence, and
(b) any documents or other records, including any computer
records, devices or programs, that are kept or used in
connection with, or that relate to, any activity prohibited under
that Act and that are seized in relation to the offence, and
(c) any firearm or prohibited weapon that is seized on the premises
connected with an offence under any other Act,
is or are forfeited to the Crown.
(2) If a person is convicted of an offence under this Act, the court may
order the forfeiture to the Crown of any money or thing, and any such
documents or other records in the person's possession at the time of
the offence if the court is satisfied that the prohibited drug, or such
thing, were used by the person for or in connection with the
commission of the offence.
(3) A police officer may seize and carry away any thing that may
reasonably be suspected to be liable to forfeiture under this section.
18 Application of other laws
This Act is not intended to limit the operation of the Disorderly
Houses Act 1943 or any other law of the State relating to the entry
into, and carrying out of searches on, premises.
19 Regulations
(1) The Governor may make regulations, not inconsistent with this Act, for
or with respect to any matter that by this Act is required or permitted
to be prescribed or that is necessary or convenient to be prescribed for
the purpose of carrying out or giving effect to this Act.
Page 10
Police Powers (Drug Premises) Bill 2001 Clause 19
Miscellaneous Part 4
(2) A regulation may create an offence punishable by a penalty not
exceeding 50 penalty units.
20 Amendment of Acts
Each Act specified in Schedule 1, 2, 3, 4 or 5 is amended as set out in
that Schedule.
21 Monitoring of Act by Ombudsman
(1) For the period of 2 years after the commencement of this section the
Ombudsman is to keep under scrutiny the operation of the provisions
of this Act and the regulations.
(2) For that purpose, the Ombudsman may require any public authority to
provide information concerning the authority's participation in the
operation of this Act and the regulations.
(3) The Ombudsman must, as soon as practicable after the expiration of
that 2-year period, prepare a report of the Ombudsman's work and
activities under this section and furnish a copy of the report to the
Minister, the Minister for Police and the Commissioner of Police.
(4) The Ombudsman may identify, and include recommendations in the
report to be considered by the Minister about, amendments that might
appropriately be made to this Act with respect to the operation of this
Act and the regulations.
(5) The Ombudsman may at any time make a special report on any matter
arising out of the operation of this Act and the regulations to the
Minister.
(6) The Minister is to lay (or cause to be laid) a copy of any report made
or furnished to the Minister under this section before both Houses of
Parliament as soon as practicable after the Minister receives the report.
(7) If a House of Parliament is not sitting when the Minister seeks to
furnish a report to it, the Minister may present copies of the report to
the Clerk of the House concerned.
(8) The report:
(a) on presentation and for all purposes is taken to have been laid
before the House, and
(b) may be printed by authority of the Clerk of the House, and
Page 11
Clause 21 Police Powers (Drug Premises) Bill 2001
Part 4 Miscellaneous
(c) if printed by authority of the Clerk, is for all purposes taken to
be a document published by or under the authority of the
House, and
(d) is to be recorded:
(i) in the case of the Legislative Council in the Minutes of
the Proceedings of the Legislative Council, and
(ii) in the case of the Legislative Assembly in the Votes and
Proceedings of the Legislative Assembly,
on the first sitting day of the House after receipt of the report by
the Clerk.
22 Review of Act
(1) The Minister is to review this Act to determine whether the policy
objectives of the Act remain valid and whether the terms of the Act
remain appropriate for securing those objectives.
(2) The review is to be undertaken as soon as possible after the period of
2 years from the date of assent to this Act.
(3) In reviewing the Act, the Minister is to have regard to any report
furnished to the Minister under section 21.
(4) A report on the outcome of the review is to be tabled in each House of
Parliament within 12 months after the Ombudsman furnishes a report
to the Minister under section 21.
Page 12
Police Powers (Drug Premises) Bill 2001
Amendment of Bail Act 1978 No 161 Schedule 1
Schedule 1 Amendment of Bail Act 1978 No 161
(Section 20)
[1] Section 9 Presumption in favour of bail for certain
offences--exceptions
Insert after section 9 (1) (e):
(e1) an offence under section 7 of the Firearms Act 1996
relating to the unauthorised possession or use of a
firearm that is a prohibited firearm, or a pistol, within
the meaning of that Act,
[2] Section 32 Criteria to be considered in bail applications
Insert "or involves the possession or use of an offensive weapon or
instrument within the meaning of the Crimes Act 1900" after "violent
nature" in section 32 (1) (c) (i).
[3] Section 32 (1) (c) (vi)
Insert at the end of section 32 (1) (c):
, and
(vi) if the offence for which bail is being considered
is an offence that involves the possession or use
of an offensive weapon or instrument within the
meaning of the Crimes Act 1900, any prior
criminal record (if known) of the person in
respect of such an offence.
[4] Section 32 (2A) (a)
Insert "or involves the possession or use of an offensive weapon or
instrument within the meaning of the Crimes Act 1900" after "violent
nature".
Page 13
Police Powers (Drug Premises) Bill 2001
Schedule 2 Amendment of Criminal Assets Recovery Act 1990 No 23
Schedule 2 Amendment of Criminal Assets Recovery
Act 1990 No 23
(Section 20)
[1] Section 6 Meaning of "serious crime related activity"
Insert before section 6 (2) (f):
(e1) a drug premises offence, or
[2] Section 6 (2) (f)
Omit "or (d)". Insert instead "or any other paragraph of this subsection".
[3] Section 6 (4)
Insert after section 6 (3):
(4) In subsection (2) (e1):
drug premises offence means a second or subsequent offence
under section 13 (Allowing use of premises as drug
premises--offence by owner or occupier) of the Police Powers
(Drug Premises) Act 2001.
Page 14
Police Powers (Drug Premises) Bill 2001
Amendment of Drug Misuse and Trafficking Act 1985 No 226 Schedule 3
Schedule 3 Amendment of Drug Misuse and
Trafficking Act 1985 No 226
(Section 20)
Section 7 Deemed possession of prohibited drug etc
Insert ", or that is in the order or disposition of the person jointly with
another person by agreement between the persons," after "disposition of a
person".
Page 15
Police Powers (Drug Premises) Bill 2001
Schedule 4 Amendment of Summary Offences Act 1988 No 25
Schedule 4 Amendment of Summary Offences
Act 1988 No 25
(Section 20)
[1] Section 3 Definitions
Insert in alphabetical order in section 3 (1):
prohibited drug has the same meaning as it has in the Drug
Misuse and Trafficking Act 1985.
[2] Section 28F Power to give reasonable directions in public places
Insert at the end of section 28F (1):
, or
(d) is for the purpose of unlawfully supplying, or intending
to unlawfully supply, or soliciting another person or
persons to unlawfully supply, any prohibited drug, or
(e) is for the purpose of obtaining, procuring or purchasing
any prohibited drug that it would be unlawful for the
person to possess.
[3] Section 28F (3)
Omit the subsection. Insert instead:
(3) Such a direction must be reasonable in the circumstances for
the purpose of:
(a) reducing or eliminating the obstruction, harassment,
intimidation or fear, or
(b) stopping the supply, or soliciting to supply, of the
prohibited drug, or
(c) stopping the obtaining, procuring or purchasing of the
prohibited drug.
Page 16
Police Powers (Drug Premises) Bill 2001
Amendment of Summary Offences Act 1988 No 25 Schedule 4
[4] Section 28F (9)
Insert after section 28F (8):
(9) In this section:
supply has the same meaning as it has in the Drug Misuse and
Trafficking Act 1985.
Page 17
Police Powers (Drug Premises) Bill 2001
Schedule 5 Consequential amendment of other Acts
Schedule 5 Consequential amendment of other Acts
(Section 20)
5.1 Criminal Procedure Act 1986 No 209
Schedule 1 Indictable offences triable summarily
Insert after item 23 in Part 4 of Table 1:
23A Police Powers (Drug Premises) Act 2001
A second or subsequent offence under section 12, 13 or 14 of
the Police Powers (Drug Premises) Act 2001.
5.2 Search Warrants Act 1985 No 37
Section 10 Definitions
Insert in alphabetical order in the definition of search warrant:
section 5 of the Police Powers (Drug Premises) Act 2001,
Page 18
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