Review of the Police Powers (Drug Detection Trial) Act 2003 - NSW ...

Chapter 2.
Drug detection operations
This chapter outlines the key provisions of the Drug Detection Trial Act and explains the main changes made to the
previous border areas trial. It also contains a brief description of how police plan, conduct and report on operations.
2.1. Key provisions of the Drug Detection Trial Act 18
The Drug Detection Trial Act defines a drug detection operation as an operation carried out for the purposes of
obtaining evidence of, or frustrating, any criminal activity involving the supply of prohibited drugs or prohibited plants, or
for the purpose of arresting any person involved in any such criminal activity, or for any combination of those purposes. 19
2.1.1. Application for an authorisation to conduct a drug detection operation
A police officer who suspects on reasonable grounds that any part or all of an area is being, or is to be, used on a
regular basis for or in connection with the supply of indictable quantities of prohibited drugs or prohibited plants may
apply to a designated officer for an authorisation to conduct a drug detection operation. 20
A designated officer is defined as the Commissioner of Police, a Deputy Commissioner of Police, an Assistant
Commissioner of Police, or a police officer at or above the rank of Superintendent authorised by the Commissioner
of Police to exercise the functions of a designated officer. 21
An application for authorisation must be made in writing and contain the following particulars: 22
• a statement identifying the proposed search area
• the grounds on which the authorisation is sought
• a plan of the proposed operation including the number of officers and drug detection dogs proposed to be used
• a statement setting out consultation that has taken place with the Roads and Traffic Authority (‘RTA’)
• a statement providing details of any previous applications for authorisation for the proposed search area
within the last 12 months
• a statement outlining the results of any operations under the Drug Detection Trial Act conducted in the
proposed search area within the last 12 months, and
• the proposed expiry date for the authorisation.
The designated officer may require additional information from the police officer applicant as is necessary for proper
consideration of the application for authorisation. 23
2.1.2. Restrictions on search areas
The search area in an authorisation may consist of up to three areas located in outer metropolitan areas — that is,
areas outside Sydney, Newcastle and Wollongong. Each area must not be more than five square kilometres in area. 24
2.1.3. Grant of authorisation
A designated officer may, after receiving an application from a police officer, grant an authorisation (either unconditionally
or subject to conditions) 25 that authorises the exercise of powers under the Drug Detection Act in connection with a drug
detection operation. 26
A designated officer may grant the authorisation only if satisfied that: 27
• there are reasonable grounds for suspecting that any part or all of the proposed search area is being, or is to be,
used on a regular basis for or in connection with the supply of indictable quantities of prohibited drugs, and
• the nature and extent of the proposed operation to be carried out is appropriate to the suspected criminal activity.
When considering these matters, the designated officer is to have regard to: 28
• the reliability of any information on which the application is based, and
• the likelihood of success of the proposed operation compared with the likelihood of success of any other law
enforcement operation that would be reasonably practicable to conduct for the same purposes.
NSW Ombudsman
Review of the Police Powers (Drug Detection Trial) Act 2003
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