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

5.5.5. Means or devices for drug use, manufacture or supply
According to section 11(2)(d) of the Drug Premises Act, another matter to which regard may be had in determining if premises are drug
premises is any “means or device used in the supply, manufacture or use of a prohibited drug”. 316
There are various items that are commonly used in connection with the unlawful supply of powder drugs like heroin, amphetamine, and
cocaine. A mortar and pestle is sometimes used to break up large quantities of drugs. Cutting agents like glucose are used to dilute the
strength of drugs, and to increase the profit gained from buying drugs wholesale and selling them on to the consumer. Powder drugs are
usually cut into deals with objects like razors or the edges of plastic bankcards. Scales are often used to weigh deals for sale. Aluminium
foil, small pieces of paper, or capsules are then used to wrap the drugs, and the deals may then be enclosed in tiny water balloons or in
small, resealable plastic bags.
On one premises in the Northern Region, police document that they found in a bedroom a range of items that they associated with drug
supply, and explain the significance that they attached to the items:
On a table was a small square of aluminium foil with an amount of fine white powder upon it. The foil was flat, and beside it was
located a set of scales and a small scraping tool. A roll of aluminium foil was nearby on the bed with cut out portions consistent
with that containing the powder. The powder is believed to be heroin, and the circumstances make it obvious that the items were a
single “deal” of the drug in the process of being made. The aluminium foil roll suggests that a number of such “deals” have been
made in the past. 317
Concerns were raised in a submission to our discussion paper, and in a focus group we conducted with a drug advocacy group,
about the inclusion of means or devices that are used in the supply or manufacture of a prohibited drug as indicia that can define drug
premises. The East Area Tenants Service argued in their submission to our discussion paper that:
… items such as aluminium foil, plastic bags or syringes may be sufficient evidence for an offence under the Act. It is a concern that
many everyday domestic items, or items connected with personal use of a drug found at the premises may result in an offence with
respect to the sale and manufacture of a prohibited drug. 318
The figures below show the number of times police noted that they found items associated with various aspects of drug supply on
identified drug premises, including:
• drug packaging
• scales
• razors and other cutting implements
• cutting agents and
• other miscellaneous items associated with drug supply.
5.5.5.1. Drug packaging
Drug packaging was the most common item associated with drug supply found on identified drug premises. This includes foil, balloons
and plastic resealable bags, all of which are commonly used to package drug deals. On one occasion, packing tape was used to wrap
a larger quantity of drugs. The table below shows for each NSW Police Region, the proportion of drug premises in which drug packaging
was located.
316 Police Powers (Drug Premises) Act, s 11(2)(d).
317 COPS event narrative, Northern Region, Drug Premises Incident 3.
318 Submission, East Area Tenants Service, received, 1 August 2003.
NSW Ombudsman
Review of the Police Powers (Drug Premises) Act 2001 63