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

However, no other evidence of drug manufacturing was located on the premises. The occupant of the premises was charged with various
offences including allowing his premises to be used as drug premises, and with possession of prohibited drugs. 329
The State Crime Command used the Act on two clandestine laboratories, and found a quantity of laboratory equipment on each
premises. Items found by police included:
• thermometers, funnels, plastic hoses, separating funnels, stirrer bars, laboratory glassware and a liquid petroleum gas
(LPG) bottle and
• numerous glass jars and glassware containing a number of different chemicals, numerous pieces of glassware and
equipment associated with the manufacture of amphetamine and methylamphetamine. 330
In one other incident, documented in the chapter, “Targeting drug supply”, State Crime Command were involved in an operation that
related to drug manufacture in which several premises were targeted. One of these premises was a clandestine laboratory. Charges under
the Drug Premises Act were not laid in connection with the laboratory itself, but drug premises and drug manufacturing charges were laid
against people on two other premises that were targeted in the operation.
On one premises in the Southern Region, police found what they believed was an attempt at the manufacture of amphetamines - a brown
substance caked onto the bottom of a dish - and an esky with liquid inside that police believed was the first stage in the manufacture of
amphetamines. 331 However, according to the event narrative, one of the occupants told police that the substance was “merely waste from
storing food in the esky over a long period.” 332
We are not aware of any incidents in which items associated with drug manufacture were found on identified drug premises in
Cabramatta, the Inner Metropolitan Region, the Northern Region or the Western Region.
5.5.5.7. Clandestine laboratories
During the review period, we are aware of three occasions on which the Drug Premises Act was used in relation to clandestine
laboratories. Two of these related to uses of the legislation by State Crime Command. The use of the Act by State Crime Command to
deal with clandestine laboratories is discussed further in the chapter “Targeting drug supply”.
In another incident, in a LAC in the Greater Metropolitan Region, general duties police inadvertently located a clandestine laboratory in
a garage. They had been called to a house in western Sydney one evening in connection with a domestic dispute. The officers were
questioning a man in the backyard who was bleeding from injuries to his right arm. As police were speaking to the man, they looked
through the broken garage window and saw a number of glass beakers, electronic scales and what appeared to be a pill press. The
occupants did not allow police entry to the garage and became hostile. 333
The two police walked out to the front of the house and contacted their LAC. According to a police officer we spoke to about the incident,
police did not believe that they had the power to stay on the premises. 334 While they were waiting for other officers to arrive with a search
warrant, and for police from the Clandestine Laboratory Team to arrive, they saw four people enter the garage. In the event narrative,
police document what happened next:
A short time later police heard smashing glass and noticed a small fire in front of the garage door then heard someone jumping the
rear colourbond fence.
Soon after this police saw the defendant [name] and [name] walk from the vicinity of the rear garage door. At this time the inside of
the garage was engulfed in flames.
Firebrigade attended the location and extinguished the flames. At this time drums of chemicals including Methanol, Acetone,
Hydrogen Peroxide Hydrochloric acid and distilled water were located in the garage.
Police from Clandestine lab team arrived and were able to identify these chemicals as being used in the manufacture of MDMA
(ecstasy). Enquiries so far indicate enough chemicals to manufacture a large commercial quantity of MDMA. 335
329 Ibid.
330 COPS event narratives, State Crime Command, Drug Premises Incidents 9 and 15.
331 COPS event narrative, Southern Region, Drug Premises Incident 2.
332 Ibid.
333 COPS event narrative, Greater Metropolitan Region, Incident 13.
334 Personal communication, Police Officer, Greater Metropolitan Region, 7 August 2003.
335 COPS event narrative, Greater Metropolitan Region, Drug Premises Incident 13.
NSW Ombudsman
Review of the Police Powers (Drug Premises) Act 2001 67