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Contents (2002 - 103)
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Law Enforcement (Powers and Responsibilities) Act 2002 No 103
Current version for 6 December 2019 to date (accessed 29 January 2020 at 19:39)
Part 11
Part 11 Drug detection powers
Division 1 Drug premises
139   Definitions
(1)  In this Division—
cultivation by enhanced indoor means, in relation to a prohibited plant, has the same meaning as in the Drug Misuse and Trafficking Act 1985.
drug premises means any premises that are used for either or both of the following—
(a)  the unlawful supply or manufacture of prohibited drugs,
(b)  the unlawful cultivation of prohibited plants by enhanced indoor means.
lookout, in relation to premises, means a person who is in the vicinity of the premises for the purpose of communicating to any person on the premises to warn the person of impending police action.
money includes any valuable thing or security for money.
occupier of premises includes the lessee or sublessee who is not the owner of the premises.
owner of premises includes any person—
(a)  who is entitled to freehold possession of the premises, or
(b)  who is in actual receipt of, or entitled to receive, or if the premises were let to a tenant, would be entitled to receive, the rents and profits of the premises.
prohibited drug does not include cannabis leaf, cannabis oil or cannabis resin.
(2)  A reference in this Division to an offence includes a reference to an offence that there are reasonable grounds for believing has been, is being, or is to be, committed (as the case requires).
(3)  For the purposes of this Division, a thing is connected with a particular offence if it is—
(a)  a thing with respect to which the offence has been committed, or
(b)  a thing that will provide evidence of the commission of the offence, or
(c)  a thing that was used, or is intended to be used, in or in connection with the commission of an offence.
140   Issue of search warrant—suspected drug premises
(1)  A police officer who is in charge of an investigation into the suspected use of premises as drug premises may apply to an authorised officer for a search warrant in respect of the premises if the officer has reasonable grounds for believing that the premises are being used for the unlawful supply or manufacture of any prohibited drug or the unlawful cultivation of prohibited plants by enhanced indoor means.
(2)  An authorised officer to whom such an application is made may, if satisfied that there are reasonable grounds for doing so, issue a search warrant authorising any police officer to enter and search the premises.
141   Execution of search warrant
For the purposes of executing a search warrant issued under this Division in respect of premises, a police officer may—
(a)  pass through, from, over or along any other land or building for the purpose of entering the premises, and
(b)  break open doors, windows or partitions, and
(c)  do such other acts as may be necessary.
142   Search and arrest of persons pursuant to search warrant
(1)  A police officer executing a search warrant issued under this Division may—
(a)  search any person on the premises, and
(b)  arrest or otherwise proceed against any person on the premises, and
(c)  seize and detain any firearm or other thing found on the premises that the police officer has reasonable grounds for believing is connected with an offence, and
(d)  without limiting paragraph (c), seize any prohibited drug, prohibited plant and money found on the premises and any syringe or other thing that is kept or used in connection with, or that relates to, any activity prohibited by or under the Drug Misuse and Trafficking Act 1985, and
(e)  require any person on the premises to disclose his or her identity.
(2)  The power conferred by subsection (1) to seize and detain a thing includes—
(a)  power to remove the thing from the premises where it is found, and
(b)  power to guard the thing in or on those premises.
143   Obstructing police officer executing search warrant
(1)  If a police officer is authorised under this Division to enter any premises, a person must not—
(a)  wilfully prevent the officer from entering or re-entering those premises or any part of those premises, or
(b)  wilfully obstruct or delay the officer from entering or re-entering those premises or any part of those premises, or
(c)  give an alarm or cause an alarm to be given for the purpose of—
(i)  notifying another person of the presence of the officer, or
(ii)  obstructing or delaying the officer from entering or re-entering those premises or any part of those premises.
Maximum penalty—50 penalty units or imprisonment for 12 months, or both.
(2)  A person on premises who is required by a police officer in accordance with this Division to disclose his or her identity must not, without reasonable excuse, fail or refuse to comply with the requirement.
Maximum penalty—50 penalty units.
(3)  A person must not, without reasonable excuse, in response to a requirement made by a police officer in accordance with this Division—
(a)  give a name that is false in a material particular, or
(b)  give an address other than the person’s full and correct address.
Maximum penalty—50 penalty units.
144   Application of other laws
This Division does not limit the operation of the Restricted Premises Act 1943 or any other law of the State relating to the entry into, and carrying out of searches on, premises.
Division 2 Use of drug detection dogs
145   Meaning of “general drug detection”
For the purposes of this Division—
general drug detection is the detection of prohibited drugs or plants in the possession or control of a person, except during a search of a person that is carried out after a police officer reasonably suspects that the person is committing a drug offence.
146   General authority to use drug detection dogs
(1)  If a police officer is authorised to search a person for the purpose of detecting a drug offence, the officer is entitled to use a dog for that purpose.
(2)  A police officer is, for the purpose of detecting a drug offence, entitled to be accompanied by a dog under the officer’s control if the officer is entitled to enter, or be in or on, particular premises in the exercise of the officer’s functions.
(3)  Neither the State nor a police officer is liable to any action, liability, claim or demand merely because a dog entered, or was in or on, premises as provided by this section.
147   Use of dogs for general drug detection authorised
A police officer is authorised to use a dog to carry out general drug detection, but only as provided by this Division.
148   General drug detection with dogs in authorised places
(1)  A police officer may, without a warrant, use a dog to carry out general drug detection in relation to the following persons—
(a)  persons at, or seeking to enter or leave, any part of premises being used for the consumption of liquor that is sold at the premises (other than any part of premises being used primarily as a restaurant or other dining place),
(b)  persons at, or seeking to enter or leave, a public place at which a sporting event, concert or other artistic performance, dance party, parade or other entertainment is being held,
(c)  persons on, or seeking to enter or leave, a public passenger vehicle that is travelling on a route prescribed by the regulations, or a station, platform or stopping place on any such route,
(d)  persons at, or seeking to enter or leave, any part of premises that the officer is authorised to enter under the Tattoo Parlours Act 2012 to carry out general drug detection using a dog,
(e)  persons at any public place in the Kings Cross precinct (being the area including and bounded by the parts of streets specified in Schedule 2 to the Liquor Act 2007),
(f)  persons at, or seeking to enter or leave, any part of premises that the officer is authorised to enter under section 10 of the Restricted Premises Act 1943.
(2)  In this section—
public passenger vehicle means a train, light rail vehicle or bus that is used to provide a public passenger service.
(3)  A reference in this section to Schedule 2 to the Liquor Act 2007 is a reference to that Schedule as in force on the commencement of this subsection.
149   General drug detection with dogs by warrant
(1)  A police officer may use a dog to carry out general drug detection if authorised to do so by a warrant under this section.
(2)  A police officer who has reasonable grounds for believing that the persons at any public place may include persons committing drug offences may apply to an authorised officer for a warrant under this section.
(3)  An authorised officer to whom such an application is made may, if satisfied that there are reasonable grounds for doing so, issue a warrant authorising any police officer to use a dog to carry out general drug detection in the public place during the period or periods specified in the warrant.
(4)  An application for a warrant under this section must disclose whether any general drug detection to be carried out under the warrant will be part of a covert police operation.
150   Provisions relating to general drug detection
(1)  A police officer carrying out general drug detection under this Division is to take all reasonable precautions to prevent the dog touching a person.
(2)  A police officer is required to keep a dog under control when the officer is using the dog to carry out general drug detection under this Division.
(3)  General drug detection under this Division may be carried out as part of a covert police operation, but only if it is authorised by a warrant under this Division.
(4)  The provisions of this Division do not affect—
(a)  the search of a person whom a police officer reasonably suspects is committing a drug offence, or
(b)  any search of premises that does not involve a search of persons in or on the premises.
(5)  Nothing in this Division confers on a police officer a power—
(a)  to enter any premises that the officer is not otherwise authorised to enter, or
(b)  to detain a person who the officer is not otherwise authorised to detain.
Division 3
151–184  (Repealed)