**ADD - Drug amounts, Possession/Supply S.** Drug Premises

Question 1

What is the definition of a Drug Premises?
Section?

Answer 1

S. 36TA – DMTA 1985

• Any premises that are used for either or both of:
  a) The unlawful supply/manufacture of prohibited drugs (except cannabis leaf, oil or resin)

b) Unlawful commercial cultivation or prohibited plants by enhanced indoor means
*Commercial cultivation is >commercial quantity or >small quantity intended for sale

Question 2

What to consider regarding whether premises is a drug premises?

Answer 2

S. 36 DMTA – Evidence premises used as drug premises

• Police authorised to enter were prevented from entering
• Fitted with device to prevent police entering (lock, bolt)
• Lookout to warn people on premises
• Syringe or device used in supply/manufacture found on premises
• Firearm or prohibited weapon found
• Documents relating to supply/manufacture
• Large amounts of money found
• Persons affected by drugs
• Hydro equipment
• Large amounts of electricity
• Electricity bypassed
• Windows boarded
• Security devices

Question 3

What are some offences relating to drug premises?

Answer 3

Offences relating to drug premises?

36X – Offence of entering/leaving a drug premises

36Y – Offence of owner/occupier allowing drug premises

36Z – Offence of organizing drug premises

Question 4

What powers do you have when executing a drug premises search warrant?

Answer 4

S. 141 LEPRA

A police officer may:

a) Pass through, from, over or along any other building/land for the purpose of entering the premises

b) Break open doors, windows, partitions

c) Do such other acts as may be necessary

Question 5

What power do you have to apply for a search warrant for drug premises?

Answer 5

S. 140 LEPRA

• Police Officer investigating a drug premises who has reasonable grounds for believing they’re being used for unlawful supply/manufacture of prohibited drugs or unlawful cultivation of cannabis by enhanced indoor means can apply for a SW

Question 6

What are your search/arrest powers when executing drug premises search warrant?

Answer 6

S. 142 Lepra – Search & Arrest of persons pursuant to search warrant

• Search anyone on premises
• Arrest anyone on premises
• Seize/detain anything found on premises reasonably connected w/ offence
• Seize prohibited drugs, plants, money and anything connected with offence
• Require any person on premises to disclose their identity

Question 8

What is the offence of obstructing PO executing drug premises search warrant?

Answer 8

S. 143 LEPRA

1) A person must not:
a) Wilfully prevent police entering/re-entering
b) Wilfully obstruct/delay police entering/re-entering
c) Give/cause alarm to notify another person of presence of police

2) Persons found on premises must disclose

Question 9

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