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Misuse of Drugs Act 1990
11CIndications that premises used to supply dangerous drugs
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11C Indications that premises used to supply dangerous drugs
(1) For the purposes of this Division, the indications that a dangerous
drug has been supplied at or from residential premises include the
following:
(a) that a police officer was prevented, obstructed or delayed from
entering or re-entering the premises;
(b) the presence on the premises or in sight of the premises of a
person acting as a lookout;
(c) the presence on the premises of things used in the supply,
manufacture or use of a dangerous drug;
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(d) the presence on the premises, or in the possession of a
person on the premises, of a firearm;
(e) the presence on the premises of documents or records used
in connection with the supply or manufacture of a dangerous
drug;
(f) amounts of money on the premises that cannot be
satisfactorily accounted for by a resident of, or an owner or
landlord of, the premises;
(g) the presence at the premises of a person or persons who are,
or who appear to be, under the influence of a dangerous drug;
(h) excessive, frequent or suspicious vehicular or pedestrian
traffic to or from the premises;
(i) the presence on the premises, or in the vicinity of the
premises, of persons known to be involved in the sale or
distribution of a dangerous drug;
(j) the presence on the premises of property reasonably
suspected of being stolen or of being exchanged in return for
a dangerous drug;
(k) that a dangerous drug has been found on the premises on one
or more occasions;
(l) if there are other indications – the construction of the
premises, or an internal or external door on the premises,
involved a device for preventing, delaying or obstructing entry
or for giving alarm.
(2) For the purposes of this Division, the indications that a dangerous
drug has been supplied at or from commercial or liquor licence
premises include the following:
(a) that a police officer was prevented, obstructed or delayed from
entering or re-entering the premises by an owner, landlord or
tenant of the premises or a person employed by or acting for
and on behalf of an owner, landlord or tenant of the premises;
(b) the presence of a thing that is used in the supply, manufacture
or use of a dangerous drug and that is:
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(c) the presence of a firearm:
(d) the presence on the premises of documents or records used
in connection with the supply or manufacture of a dangerous
drug;
(e) amounts of money:
behalf of an owner, landlord or tenant of the premises,
that cannot be satisfactorily accounted for by the person;
or
(ii) found in a room in the premises to which only an owner,
tenant of the premises, has access, that cannot be
satisfactorily accounted for by such a person;
(f) property reasonably suspected of being stolen, or of being
exchanged in return for a dangerous drug, being property
found:
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(g) that a dangerous drug has been found on the premises on one
or more occasions:
(h) if there are other indications – the construction of the
premises, or an internal or external door on the premises,
involved a device for preventing, delaying or obstructing entry
or for giving alarm.
(3) For the purposes of Subdivision 3, in determining whether a
dangerous drug has been supplied at or from residential,
commercial or liquor licence premises, the court may take into
account indications that do not occur on the premises but that relate
to the premises.