Drug premises offences are among the most serious drug-related crimes in Australia. These laws target people who use, manage, or allow premises (such as a house, warehouse, or commercial property) to be used for illegal drug activities such as manufacture, supply, or consumption.
Whether it’s a clandestine meth lab, a cannabis grow house, or a venue where drug use is encouraged, being linked to drug premises can lead to harsh penalties—including lengthy prison terms, property seizure, and criminal convictions.
This guide covers what constitutes a drug premises offence, how police investigate and lay charges, court procedures, available defences, and the state-by-state legal framework.
Drug premises offences involve:
Allowing or permitting your property to be used for manufacturing, selling, storing, or consuming drugs
Managing or occupying a place used for drug operations
Failing to report suspected drug activity (in some states)
Operating or participating in a drug premises enterprise
These charges can apply even if you did not personally handle any drugs—simply being the landlord, tenant, or occupier who knows and allows it may be enough for a conviction.
Police may investigate suspected drug premises through:
Surveillance and informants
Search warrants
Forensic evidence (e.g., lab equipment, hydroponics, drug residue)
Utility usage patterns (e.g., high water or electricity consumption)
Admissions or text message evidence
Once evidence is gathered, police may issue a court attendance notice, arrest the suspect, or lay multiple charges (e.g., manufacturing + drug premises).
These offences are typically heard in:
Local or Magistrates’ Court (for less serious matters)
District, County, or Supreme Court (for aggravated or commercial operations)
If convicted, courts may impose:
Imprisonment
Fines
Forfeiture of the property
Control orders or ongoing supervision
Available legal defences may include:
Lack of knowledge – You were unaware the premises were used for drug activity
Lack of control – You had no legal authority over the premises
Illegal search or procedural error – Police breached warrant conditions or mishandled evidence
Tenant liability – You leased the property to someone and didn’t know about drug use
Each case depends heavily on the facts, so early legal advice is critical.
Drug offences in Australia are governed by both Commonwealth and state or territory laws. While federal law deals with serious crimes like drug importation and trafficking across borders, each state and territory has its own legislation covering offences such as possession, supply, and cultivation.
Legislation: Drug Misuse and Trafficking Act 1985, Section 36X–36Z
Offence: Permitting use of premises as drug premises
Penalty:
Up to 15 years’ imprisonment
Applies to owners, occupiers, and persons knowingly involved
Presumptions apply if drug-related items are found
Legislation: Drugs, Poisons and Controlled Substances Act 1981
Offence: Permitting use of premises for trafficking or manufacture
Penalty:
Up to 15 years’ imprisonment
Property may be seized or forfeited
Legislation: Drugs Misuse Act 1986
Offence: Permitting use of a place for commission of a drug offence
Penalty:
Up to 20 years’ imprisonment (depending on drug type and quantity)
Aggravated penalties if minors are present or involved
Legislation: Misuse of Drugs Act 1981
Offence: Permitting use of premises for prohibited drug manufacture or supply
Penalty:
Up to 25 years’ imprisonment
Property confiscation powers apply
Legislation: Controlled Substances Act 1984 (SA) – Section 33L
Offence: Possession of drug-use equipment
Penalty:
Fines and/or up to 2 years’ imprisonment
Expiation notice available in some cases
Legislation: Drugs of Dependence Act 1989
Offence: Permitting use of premises for cultivation or trafficking
Penalty:
Up to 25 years’ imprisonment and/or $250,000 fine
While we don’t provide legal advice—as every case is unique and only a qualified lawyer is permitted to do so—we’ll do our best to guide you with relevant general information. If we’re unable to assist, we can refer your query to a licensed criminal lawyer.