Review of the Police Powers (Drug Premises) Act 2001 - NSW ...

7.5. Level of drug supply the law is targeting in Cabramatta
In Cabramatta, it appears that the Drug Premises Act has been used to target lower level drug supply. Drugs were found in just over 70%,
or 27 of 37 houses, units and cars police searched when charges were laid under the Drug Premises Act. As noted elsewhere in this
report, NSW Police were unable to provide information on instances when a search warrant under the Drug Premises Act was granted and
executed, but no charges under the Drug Premises Act were laid. 617
Most of the prohibited drug finds in Cabramatta involved heroin and cocaine. No cocaine was located in the second year of the use of the
Act. Quantities of heroin found on drug premises ranged from 0.06 of a gram to 1,720 grams. The quantities of cocaine found on drug
premises ranged from 0.36 of a gram to 71 grams.
In the figure below, we have set out the number of drug finds that fall into the categories of small, indictable and commercial quantities
of prohibited drugs, according to the Drug Misuse and Trafficking Act. 618 According to this Act, heavier penalties are often meted out for
offences that involve larger quantities of drugs. Since most of the drug finds in Cabramatta were of heroin or cocaine, the quantities for
small, indictable and large commercial quantities of these drugs are set out.
On two identified drug premises in Cabramatta,
cannabis (less than the small quantity) was the only
prohibited drug located. Other types of prohibited drugs
found (on eight identified drug premises) were:
• 2 ecstasy tablets
• vegetable matter (not quantified)
• 2.1 grams of cannabis
• 2.5 grams of cannabis
• 0.23 grams cannabis
• 5 cannabis plants
• 4 bottles methadone, Normison tablets and
• 5.5 ecstasy tablets, 1 bottle of methadone.
In the Appendix to this report, the drug finds that relate
to each particular drug premises in Cabramatta are set
out.
Figure 15: All drug premises incidents in Cabramatta by quantity of drug
found (37 premises)
Small Quantity
(1-3 grams)
Indictable
(5-250 grams)
Large Commercial (1kg and over)
Less Than Small
Quantity
No prohibited drugs located
37% 27%
3%
11%
22%
7.5.1. Money located on drug
premises in Cabramatta
Another indictor of drug premises, in section 11 of the
Act is any large amount of money that is not accounted
for by the owner or occupier of the premises. 619 As
discussed in the chapter, “Targeting drug supply”, we
have also used quantities of money found on drug
premises as a gauge of the level of drug supply being
targeted by the Act.
Money was found on 24 of the 37 drug premises in
Cabramatta. Quantities of money seized on drug
premises in Cabramatta ranged from $50 to $7220. On
11 occasions, the quantity of money found was less
than $500, and on five occasions, the quantity found
was between $5,000 and $7,220.
Source: COPS event narratives and search warrant documents. Included in the
“less than small quantity” are two occasions in which this quantity of cannabis
was found. According to the Drug Misuse and Trafficking Act, a small quantity of
cannabis is less than 30 grams.
617 Drugs were found in 27 of 37 incidents.
618 As we discuss in our Chapter, “Targeting Drug Supply”, the Drug Misuse and Trafficking Act has “graduated penalties” that relate to the quantity of
the prohibited drug that is found, and the jurisdiction in which the matter is being heard.
619 Police Powers (Drug Premises) Act, s. 11(g).
NSW Ombudsman
Review of the Police Powers (Drug Premises) Act 2001 117