Review of Restricted Premises Act search powers and offence provisions - Issues Paper - August 2015

The Ombudsman is required to review the use of additional search powers and new offence provisions in the Restricted Premises Act 1943 until 31 October 2015.

On 1 November 2013, changes to the Restricted Premises Act, intended to help target gun crime and premises used by serious criminals, entered into force. The Supreme Court or District Court can make a declaration under the Act in relation to premises on which proscribed activities take place, including: unlawful sale or supply of alcohol or drugs ‘reputed criminals’ (such as people convicted of an indictable offence) or their associates attending or managing the premises.

Police are empowered to search premises on which the proscribed activities take place under a warrant, and to search declared premises at any time without a warrant. Police previously had powers to search for alcohol and drugs. After the 2013 amendments, police can also search for firearms, weapons and explosives.

New offences were introduced for premises subject to a ‘reputed criminal declaration’, which can be made if ‘reputed criminals’ attend, control or manage the premises. The owner or lessee of such premises commits an offence if a ‘reputed criminal’ attends, controls or manages the premises while the declaration is in force. These offences are punishable by up to 3 years imprisonment and/or a $16,500 fine.