New South Wales Consolidated Acts

DRUG MISUSE AND TRAFFICKING ACT 1985 - SECT 36W

36W Evidence that premises are drug premises

(1) A court must not find a person guilty of an offence against this Part unless the prosecution satisfies the court beyond a reasonable doubt that at the time the offence is alleged to have been committed any premises involved in the offence were being used for either or both of the following--

(a) the unlawful supply or manufacture of any prohibited drug,

(b) the unlawful commercial cultivation by enhanced indoor means of any prohibited plant.

(2) Without limiting matters to which regard may be had in determining whether premises involved in the offence were being used for the unlawful supply or manufacture of any prohibited drug, regard may be had to any or all of the following--

(a) evidence that a police officer authorised by law to enter the premises was wilfully prevented from, or obstructed or delayed in, entering or re-entering those premises or any part of those premises,

(b) evidence of the external or internal construction of the premises, including any external or internal door of, or means of access to, those premises that is found to be likely to have been fitted with a bolt, bar, chain, or any means or device for the purpose of preventing, delaying or obstructing the entry or re-entry into those premises of such a police officer or any other person, or for giving an alarm in case of such entry or re-entry,

(c) evidence of a person acting as a lookout to warn persons on the premises of the approach of police officers or other persons,

(d) evidence that there was found on those premises, or in the possession of a person on those premises, any syringe or other means or device used in the supply, manufacture or use of a prohibited drug,

(e) evidence that there was found on the premises, or in the possession of a person on the premises, a firearm or prohibited weapon the possession of which is unlawful,

(f) evidence that there was found on those premises any documents or other records, including any computer records, that appear to have been kept or used in connection with the unlawful supply or manufacture of a prohibited drug,

(g) evidence that there was found on the premises any large amount of money that is not accounted for by the owner or occupier of the premises,

(h) evidence that there were found on those premises persons who appeared to be affected by a prohibited drug.

(3) Without limiting matters to which regard may be had in determining whether premises involved in the offence were being used for the commercial cultivation by enhanced indoor means of any prohibited plant, regard may be had to any or all of the following--

(a) evidence that a police officer authorised by law to enter the premises was wilfully prevented from, or obstructed or delayed in, entering or re-entering those premises or any part of those premises,

(b) evidence of the external or internal construction of the premises, including any external or internal door of, or means of access to, those premises that is found to be likely to have been fitted with a bolt, bar, chain, or any means or device for the purpose of preventing, delaying or obstructing the entry or re-entry into those premises of such a police officer or any other person, or for giving an alarm in case of such entry or re-entry,

(c) evidence of a person acting as a lookout to warn persons on the premises of the approach of police officers or other persons,

(d) evidence that there was found on those premises equipment such as--

(i) electric lights of 250 watts or higher, or

(ii) fluorescent lights that combine the red and blue part of the light spectrum, or

(iii) light units comprising high intensity discharge lamps, ballasts, lamp mounts and reflectors (also called ballast boxes), or

(iv) growing chambers with spray arm manifolds, hydro-controls and digital timers,

(e) evidence that there was found on those premises, or in the possession of a person on the premises, documents or literature concerned with hydroponic or other enhanced indoor cultivation methods or with cannabis cultivation or both,

(f) evidence that there was found on those premises, or in the possession of a person on the premises, cannabis seeds, cut cannabis leaf, cannabis plants or plant clones,

(g) evidence that there was found on those premises, or in the possession of a person on the premises, minerals, chemicals or nutrients, or their packaging, typically used in enhanced indoor cultivation of cannabis plants,

(h) evidence that there was abnormally high or low electricity consumption for those premises in relation to other premises of that type not used for such cultivation,

(i) evidence of an apparently unauthorised connection to, or bypass of, the electricity supply to those premises,

(j) evidence that there was found on those premises blacked out or boarded up windows or condensation on windows,

(k) evidence that there was found on those premises air vents, fan systems or exhaust fans in unusual places or in unusual numbers,

(l) evidence that generators were continuously running on those premises,

(m) evidence that security devices (such as security cameras) have been installed on those premises,

(n) evidence that draft excluders have been fitted to any external doors or those premises,

(o) evidence that there was found on those premises any documents or other records, including any computer records, that appear to have been kept or used in connection with the unlawful cultivation by enhanced indoor means of a prohibited plant,

(p) evidence that there was found on those premises any large amount of money that is not accounted for by the owner or occupier of those premises,

(q) evidence that there were found on those premises persons who appeared to be affected by a prohibited drug manufactured from the prohibited plant concerned,

(r) any other matters as are prescribed by the regulations.