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

In another incident in a LAC in the Southern Region, it was also evident that the occupants of the drug premises were themselves drug
users. In the event narrative, police noted that they believed that the unit was being used for the administration of prohibited drugs, but it
does not appear that any other items associated with drug supply were found on the premises.
Police had received “information that the occupants… [of the unit] were in possession of prohibited drugs”. They applied for and were
granted a warrant. 810 Two women and a nine month old baby were on the premises when police arrived. In their search, police found
syringes, swabs and tourniquets, 2.8 grams of amphetamine, 2.4 grams of cannabis and 2 “bongs”. In the event narrative, police do not
record the seizure of any items associated with drug supply, such as scales, cutting agents or drug packaging, but note that they seized
“numerous other items of interest including unmarked medical prescriptions and property”. 811
One woman, occupant A, was charged with allowing the premises to be used as drug premises, and possession of prohibited drugs, and
occupant B was charged with possessing prohibited drugs. In the event narrative, police note:
From locating the amphetamine and cannabis within the unit and the fact there were syringes, swabs and torniquets, police are of
the opinion that the premises rented by the defendant [surname] is commonly used in the administration of prohibited drugs. 812
According to the event narrative, occupant A also “admitted to police that she is suffering from an addiction to amphetamines and is
seeking assistance to get off the drug.” 813
8.6.5. Conclusion
Most of the 114 uses of the Drug Premises Act over the review period have involved low level drug supply operations from premises. As
NSW Police have noted, high level drug suppliers are unlikely to risk police scrutiny by allowing their premises to be used for drug supply.
That said, several instances of very significant drug supply have also been affected by the use of the Act.
Our research findings also suggest that some people who are involved in selling drugs from drug premises were doing so to support their
own addiction. This is consistent with other research that has been conducted on the drug trade, and illustrates the inherent difficulties in
isolating the impact of drug legislation to drug suppliers.
Therefore, while the objective of the Drug Premises Act was to target organised and professional drug suppliers, user/dealers and those
who were dealing for profit alone, and high level, middle level and low level dealers, do not appear to have been distinguished in the
implementation of this Act.
It is important to place the research findings of this review in a broader context. First, a factor that may have affected the level of drug
supply that the legislation is targeting is resource availability in NSW Police. In interviews conducted for this review, police have consistently
cited this as a factor impacting upon their ability to target high level drug supply operations.
Second, as we have discussed in the chapter, “Methodology”, it is not possible to gauge the impact that the heroin drought may have had
on the quantities of drugs seized from drug premises.
Third, research on drug law enforcement has shown that it is not uncommon for drug law enforcement to fail in its aim of targeting more
serious offenders. 814 It has been argued that, while it is widely accepted that police should focus on large-scale importers, suppliers, and
traffickers, rather than user dealers, there is a:
… significant disjuncture between law enforcement agencies” commitment to targeting major drug offenders and the more prosaic
reality in which law enforcement impacts most on users and street-level dealers. 815
810 The type of search warrant is not noted.
811 Event narrative, Southern Region, Drug Premises Incident 3.
812 Ibid.
813 Ibid.
814 P. Green and I. Purnell, Measuring the success of law enforcement agencies in targeting major drug offenders relative to minor drug offenders,
National Police Research Unit, Adelaide, 1995.
815 Lisa Maher, David Dixon, Michael Lynskey and Wayne Hall, Running the Risks: Heroin, Health and Harm in South West Sydney, 1998, p. 98,
referencing the work of Sutton and James, Evaluation of Australian Drug Anti-Trafficking Law Enforcement, National Police Research Unit,
Payneham, 1995.
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NSW Ombudsman
Review of the Police Powers (Drug Premises) Act 2001