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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Disorderly Houses Amendment
(Commercial Supply of Prohibited
Drugs) Bill 2002
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Disorderly Houses Act 1943 No 6 2
4 Amendment of other Acts 2
Schedules
1 Amendment of Disorderly Houses Act 1943 3
2 Amendment of other Acts 10
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE COUNCIL,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.
Clerk of the Parliaments
Legislative Council
2002
New South Wales
Disorderly Houses Amendment
(Commercial Supply of Prohibited
Drugs) Bill 2002
Act No , 2002
An Act to amend the Disorderly Houses Act 1943 with respect to declarations
under that Act and the closure of commercial premises on grounds relating to the
illegal supply of prohibited drugs; to amend various other Acts consequentially;
and for other purposes.
Disorderly Houses Amendment (Commercial Supply of Prohibited Drugs)
Clause 1 Bill 2002
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Disorderly Houses Amendment (Commercial Supply
of Prohibited Drugs) Act 2002.
2 Commencement
This Act commences on a day or days to be appointed by
proclamation.
3 Amendment of Disorderly Houses Act 1943 No 6
The Disorderly Houses Act 1943 is amended as set out in
Schedule 1.
4 Amendment of other Acts
The Acts specified in Schedule 2 are amended as set out in that
Schedule.
Page 2
Disorderly Houses Amendment (Commercial Supply of Prohibited Drugs)
Bill 2002
Amendment of Disorderly Houses Act 1943 Schedule 1
Schedule 1 Amendment of Disorderly Houses Act 1943
(Section 3)
[1] Long title
Omit "closing of disorderly houses".
Insert instead "declaration of premises and the closure of premises on
which certain illegal activities are suspected of being carried on".
[2] Section 1 Name of Act
Omit "Disorderly Houses".
Insert instead "Restricted Premises".
[3] Section 2 Definitions
Insert in alphabetical order:
appropriate Court, in relation to a declaration under Part 2,
means the Court that made the declaration.
senior police officer means a police officer of or above the
rank of sergeant.
[4] Section 3 Declaration by Supreme Court or District Court in
relation to premises
Omit "Upon a Superintendent or Inspector of Police" from section 3 (1).
Insert instead "On a senior police officer".
[5] Section 3 (1) (d) (ii)
Omit "declared to be a disorderly house under this Act".
Insert instead "the subject of a declaration under this Part".
[6] Section 3 (1)
Insert "or the District Court" after "Supreme Court".
Page 3
Disorderly Houses Amendment (Commercial Supply of Prohibited Drugs)
Bill 2002
Schedule 1 Amendment of Disorderly Houses Act 1943
[7] Section 3 (1)
Omit "a disorderly house" where secondly occurring.
Insert instead "premises to which this Part applies".
[8] Section 4 Rescission of declaration
Omit "Supreme Court" from section 4 (1).
Insert instead "appropriate Court".
[9] Section 4
Omit "Superintendent or Inspector of Police" wherever occurring.
Insert instead "senior police officer".
[10] Section 6
Omit the section. Insert instead:
6 Notice given of declaration
(1) A senior police officer is to cause notice of the making of a
declaration under this Part to be served on the owner or
occupier of the premises to which the declaration relates:
(a) personally, or
(b) if personal service cannot be effected promptly, by
causing a copy of the notice to be fixed at or near to the
entrance of the premises.
(2) A person must not deface, destroy, cover or remove a copy of
a notice fixed under this section at or near the entrance to
premises unless the person is a police officer or the owner or
occupier of the premises.
Maximum penalty (subsection (2)): 20 penalty units.
[11] Section 7 Person found in premises declared a disorderly house
Omit the section.
Page 4
Disorderly Houses Amendment (Commercial Supply of Prohibited Drugs)
Bill 2002
Amendment of Disorderly Houses Act 1943 Schedule 1
[12] Section 8
Omit the section. Insert instead:
8 Offence by owner of premises
(1) After the service of a notice under section 6 on the owner of
premises of the making of a declaration, the owner is guilty of
an offence if any of the conditions referred to in section 3 (1)
apply to the premises while the declaration is in force.
Maximum penalty: 50 penalty units or imprisonment for 6
months, or both.
(2) An owner of premises is not guilty of an offence under this
section if the owner proves that he or she has taken all
reasonable steps to prevent the conditions referred to in
section 3 (1) applying to the premises.
(3) An owner of premises that are occupied by a person other than
the owner is not guilty of an offence under this section if the
owner proves that he or she has taken all reasonable steps to
evict the occupier from the premises.
[13] Section 9
Omit the section. Insert instead:
9 Offence by occupier of premises
(1) After the service of a notice under section 6 on the occupier
of premises of the making of a declaration, the occupier is
guilty of an offence if any of the conditions referred to in
section 3 (1) apply to the premises while the declaration is in
force.
Maximum penalty: 50 penalty units or imprisonment for 6
months, or both.
(2) An occupier of premises is not guilty of an offence under this
section if the occupier proves that he or she has taken all
reasonable steps to prevent the conditions referred to in
section 3 (1) applying to the premises.
Page 5
Disorderly Houses Amendment (Commercial Supply of Prohibited Drugs)
Bill 2002
Schedule 1 Amendment of Disorderly Houses Act 1943
[14] Section 11 Obstructing police
Omit "shall be liable on summary conviction to a penalty not exceeding
0.5 penalty unit".
Insert instead "is liable to a penalty not exceeding 50 penalty units or
imprisonment for 6 months, or both".
[15] Section 15A
Insert after section 15:
15A Rules of the District Court
(1) Rules may be made under the District Court Act 1973 for or
with respect to any matters that by or under the provisions of
this Part are required or permitted to be prescribed for
carrying out or giving effect to those provisions.
(2) Subsection (1) does not limit the rule-making powers
conferred by the District Court Act 1973.
[16] Part 2A
Insert before Part 3:
Part 2A Special provisions relating to closure of
premises
15B Definition
In this Part, prohibited drug has the same meaning as in the
Drug Misuse and Trafficking Act 1985.
15C Order by Magistrate for temporary closure of premises
(1) A Magistrate may, on application made by a senior police
officer, order the owner or occupier of any premises to close
the premises from a time specified in the order until a later
specified time.
(2) An order may only be made under subsection (1) if the senior
police officer provides reasonable grounds for suspecting that
the premises are being used by the owner or occupier (or with
the knowledge of the owner or occupier) for a commercial
purpose in order:
Page 6
Disorderly Houses Amendment (Commercial Supply of Prohibited Drugs)
Bill 2002
Amendment of Disorderly Houses Act 1943 Schedule 1
(a) to supply prohibited drugs unlawfully to persons, or
(b) to keep prohibited drugs to enable their unlawful supply
to persons, or
(c) to make arrangements for the unlawful supply of
prohibited drugs to persons at another place.
(3) An order must not require the closure of premises for a period
longer than 72 hours.
(4) An order may require the closure of premises until specified
conditions are met but must not require closure for a period
longer than 72 hours.
(5) An order under this section must be served on the owner or
occupier of the premises concerned or on the person
apparently in charge of the premises.
(6) A person must not fail to comply with an order under this
section.
Maximum penalty: 50 penalty units or imprisonment for 6
months, or both.
(7) Two or more orders closing the same premises may not be
made under this section in any period of one week.
15D Revocation of closure order
(1) The owner or occupier of premises the subject of an order
under section 15C may apply to a Magistrate for the
revocation of the order.
(2) A Magistrate may revoke an order under section 15C if the
Magistrate is satisfied that:
(a) the premises concerned are not being used for a purpose
referred to in section 15C (2), or
(b) the applicant for revocation of the order has no
knowledge that the premises are being used for a
purpose referred to in section 15C (2).
Page 7
Disorderly Houses Amendment (Commercial Supply of Prohibited Drugs)
Bill 2002
Schedule 1 Amendment of Disorderly Houses Act 1943
[17] Section 18A
Insert before section 19:
18A Proceedings for offences
Proceedings for offences against this Act are to be dealt with
summarily before a Local Court.
[18] Section 21
Insert after section 20:
21 Savings, transitional and other provisions
Schedule 1 has effect.
[19] Schedule 1
Insert at the end of the Act:
Schedule 1 Savings, transitional and other
provisions
(Section 21)
1 Regulations
(1) The regulations may contain provisions of a savings or
transitional nature consequent on the enactment of the
following Acts:
this Act
Disorderly Houses Amendment (Commercial Supply of
Prohibited Drugs) Act 2002
(2) Any such provision may, if the regulations so provide, take
effect from the date of assent to the Act concerned or a later
date.
(3) To the extent to which any such provision takes effect from a
date that is earlier than the date of its publication in the
Gazette, the provision does not operate so as:
(a) to affect, in a manner prejudicial to any person (other
than the State or an authority of the State), the rights of
that person existing before the date of its publication, or
Page 8
Disorderly Houses Amendment (Commercial Supply of Prohibited Drugs)
Bill 2002
Amendment of Disorderly Houses Act 1943 Schedule 1
(b) to impose liabilities on any person (other than the State
or an authority of the State) in respect of anything done
or omitted to be done before the date of its publication.
2 Existing declarations
A declaration under this Act of premises as a disorderly house
in force at the commencement of this clause is taken to be a
declaration under Part 2 of the premises as premises to which
that Part applies.
Page 9
Disorderly Houses Amendment (Commercial Supply of Prohibited Drugs)
Bill 2002
Schedule 2 Amendment of other Acts
Schedule 2 Amendment of other Acts
(Section 4)
2.1 Land and Environment Court Act 1979 No 204
Section 20 Class 4--environmental planning and protection and
development contract civil enforcement
Omit "Disorderly Houses Act 1943" from section 20 (1) (da).
Insert instead "Restricted Premises Act 1943".
2.2 Police Powers (Drug Premises) Act 2001 No 30
Section 18 Application of other laws
Omit "Disorderly Houses Act 1943".
Insert instead "Restricted Premises Act 1943".
2.3 Search Warrants Act 1985 No 37
Section 10 Definitions
Omit "Disorderly Houses Act 1943" from the definition of search
warrant.
Insert instead "Restricted Premises Act 1943".
Page 10
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