Articles:

New 'Meth Buster' Laws to stop drug dealers at the WA Border

2 Western Australia police offers patrol at airport

New “meth-busting laws" are set to be introduced into Western Australia with the passing of legislation which amends the Misuse of Drugs Act 1981, and gives the Western Australian Police Force unprecedented powers in targeting and stopping methyl amphetamine (‘meth’) at the WA border – before it enters our communities.

The amendments to the legislation create a Border Search Areas Scheme (BSA scheme) to detect, deter, and reduce the importation of illicit drugs into WA.

Under the new legislation, the locations identified as drug import/export locations are referred to as Border Search Areas (BSA’s).  22 BSA’s have been created around airports, sea ports, as well as road and rail entry points to Western Australia which have been identified by the WA police as potentially used for the movement of illicit drugs.   

Within these BSA’s WA police have additional powers in order to detect prohibited drugs. The powers include the ability to conduct regular, high-visibility searches of vehicles and people using electronic wands and drug-detection dogs.

 

Searches of people, vehicles and drug testing

Once a BSA is activated, it can remain on foot for a period of 28 days, allowing police the power to conduct preliminary drug-detection tests on persons and to conduct vehicle searches.

A preliminary drug-detection test is a non-invasive test involving either placing a drug-detection dog in the vicinity of a person or property or using a preliminary drug-detection device such as a wand by passing it over the person or property.

Police will have the power to conduct these tests on anyone in a public place within the BSA vicinity. They also have the power to detain a person for a reasonable period of time in order to undertake the test.

Under the new laws, police can also undertake vehicle searches – entering and searching any part of a vehicle, as well as conducting a preliminary drug-detection test on the vehicle.  They can also search any vehicle that is in a public place within an activated BSA. 

Police can stop, detain, and search a vehicle for a reasonable time or move the vehicle to a more suitable place in order to do this. They can also require the driver or any passenger of the vehicle to cooperate and remain with the vehicle, even if they are not the owner.

The legislation will also provide that any person who hinders a police officer from conducting a preliminary drug-detection test or a vehicle search can be fined up to $3 000 or face a term of imprisonment of up to three years, or both.

If drug testing – on either a vehicle or a person – provides a ‘positive result’ (meaning that it indicates the presence of a prohibited drug, prohibited plant or controlled precursor) then under the legislation this will be considered ‘reasonable grounds for suspecting that the person or the vehicle is in some way involved in the commission of an offence.

 

The creation of BSAs and new powers for police

The legislation is largely a response to the methyl amphetamine problem in Western Australia which is directly linked to crime rates. When hard lockdowns and border closures were introduced during the pandemic, consumption of methyl amphetamine (which is detected by testing wastewater (sewerage)) declined dramatically – the statistics showed a decline of 50-75% in some areas across Western Australia.

Subsequently, drug usage began to rise again in WA when the pandemic was over. Commenting on the new laws former Premier Mark McGowan said:

 "We know there is a direct link between meth and violent crime in our community. That's why my Government has put more police on the streets than ever before, and why we continue to give our hard-working officers what they need to keep our community safe.

"This new law is going to make it tougher than ever for organised crime to bring drugs into Western Australia.

"Hardworking Western Australian families should not have to put up with crime linked to meth use and hard drugs. That's why we are not just talking tough - we are taking action which will make it tougher than ever for the drug dealers and pushers."

 

The Limitations to Police Powers

The Bill places several limitations on the BSA's powers. These limitations function as safeguards to ensure the powers are targeted at only those involved in the illicit drug trade and include:

  • that the powers can only be used in a public place (i.e. cannot be used on any private residence within the BSA); and
  • that the powers cannot be exercised in regard to persons engaging in certain exempt activities such as political demonstrations, religious or cultural activities and medical emergencies.

Furthermore, the powers are only available to police when one of the BSA’s is activated, approval for which can only be given by a senior police officer with the rank of inspector or above. BSAs also have strict geographical areas, that is, definite points where the zone starts and ends.

 

The laws need to be balanced with fairness

The new laws are targeting all drugs, but specifically, methyl amphetamine which is frequently brought into Western Australia by organised crime groups.

While it may seem sensible to provide the police with additional powers to be able to disrupt these crime gangs and reduce the number of drugs entering the state, the new laws also need to be balanced with fairness, and respect for human rights.

 

More Information

If you're facing drug charges, its imperative that you seek guidance from an experienced defence lawyer. Drug charges in Western Australia are serious and authorities are taking a tough stance on individuals charged with drug-related offences. 

Offences involving methamphetamine typically carry higher penalties than other drug offences. Read our article which outlines the various offences and penalties involving methamphetamine in Western Australia, as well as possible defence strategies.

 

Need Legal Advice?

Andrew Williams is an experienced Criminal Lawyer and Barrister operating in Perth or Fremantle who will provide you with expert legal advice.

Andrew offers a range of criminal defence legal services in Western Australia and he can guide you through your legal matter whilst working towards the best outcome for your case.

Call Now: (08) 9278 2575

This post is informative only. It is not legal advice. If you have a specific legal matter you’d like to discuss, please contact us.

PLEASE NOTE: The material in this blog post is for informational use only and should not be construed as legal advice. For answers to your questions regarding this or other topics, please contact a professional legal representative.

Contact our lawyers now

At Andrew Williams Criminal Law we're here to help you with the best legal advice.

Testimonials Hear from our valued Clients

Words cannot express my gratitude for Andrew agreeing to take my case on, commit to returning from annual leave early, and the personal support and legal expertise provided in defending the driving charges made against me.

The delays I experienced by the two adjournments, while prolonging my anxiety and reducing my faith that I would receive a favourable outcome, worked very much in my favour but moreover it was the multiple submissions and arguments that Andrew made at law on my behalf that cemented the somewhat miraculous outcome including two spent convictions.

Though I genuinely never for a second doubted Andrew's skills, experience and abilities, my fate felt somewhat pre-determined given the significant impact sustained by the complainant.

Andrew was kind, non judgmental, clearly experienced and committed and he accommodated my anxieties and emotion surrounding the charges laid against me.

Andrew went out of his way to give me the best chance possible for a favourable outcome that, in the end, the Magistrate considered and responded accordingly.

All in all, I could not have dreamt of a better outcome considering the circumstances and I...

Rel M
Rel M

I had Andrew deal with my case recently and couldn't of been happier with the result he got for me. From the start Andrew was quick to reply to any questions and queries I had regarding my matter. He was very professional in my opinion, very easy to talk to and explained things quite well. I felt very comfortable in the courtroom knowing that Andrew wanted to get the best result he could for me, and I would highly recommend Andrew Williams to anyone who needs a criminal lawyer.

...

Colin W

I was on a very tight rope where, if it balanced the wrong way, it would have totally devastated my life. Andrew was honest through the entire process preparing me for the worst but never let me give up and thankfully with his help got a great outcome that let me move forward with my family. I cant praise Andrew enough and recommend him 100%.

...

Jason M

I cannot thank Andrew enough for his support and would not hesitate recommending your service to anyone who would need your help. I am eternally grateful to Andrew Williams who kept me informed as and when he had to and had no doubt in his professionalism. Thank you.

...

Pamela J
Pamela J

Had Andrew defend a reckless driving charge. He gave good solid advice throughout the process and defended me well at the trial. His costs were affordable and he was a great guy in general. The most important thing is we were able to have the charges dismissed via a not guilty verdict. I would recommend him to anyone.

...

Joly M
Joly M

Andrew represented me recently in a few difficult situations. I found him to be very professional, easily contactable and generally wanting a good outcome for me. I've passed his contact info to friends and if I ever need legal representation again I'll definitely be using his services.

...

Ryan B
Ryan B

After making several calls to various law firms, I came across Andrew Williams who was quick to respond providing knowledgeable, honest and friendly legal advice. At all times I felt confident in Andrew's ability to defend the charges. The case went to trial with an outcome of not guilty. I was awarded full legal costs. Could not be happier.

...

Matt K
Matt K

Andrew was fantastic to deal with. His courtroom demeanor and skills were apparent. He was always able to assist with a complex matter across nearly 3 years in rural WA. Would highly recommend his services.

...

Wesley H
Wesley H

Of my limited experiences in the judicial system, I can’t rate Andrew Williams highly enough. He was fantastic on my day in court and was very straight up during my consultations. He is such an awesome person, and the best professional criminal lawyer I have ever encounter. Need help call Andrew.

...

Aaron J

Andrew was brilliant with my case and achieved the best outcome. He was very professional and was very impressive in the submissions he presented to the magistrate. Again, I can't thank you enough Andrew.

...

Danni H

Andrew was very preffesional and welcoming when dealing with my case.

In the court room I felt at ease knowing andrew was representing me.

I would highly reccomend andrew for everyone no matter how big or small the case is!

...

Harry

Thanks a lot for handling my case and getting the pleasant outcome. Since the first time I talked to you I have known that my case was in a capable hands. I am impressed by your knowledge and confidence which gave me confidence. Cheers.

...

Joe Y

Thank you so much Andrew for grooming me and going over the process over and again. It was a traumatic time for me and you kept me focused. I really appreciate your guidance and we came out with the best result.

I wouldn't of been able to hold up as I did if not for your valued support.

Sincerely, Kyley.

...

Kyley S

Andrew was very approachable, knowledgeable, professional and focused on the best outcome. I would always recommend him.

...

Kieran C

My personal experience with Andrew Williams was a pleasant one from day one. In the midst of a police raid and the inability to find legal representation I considered myself done for when Andrew took the time to call me back after I contacted his office (during which time he was in trial). Upon soliciting some legal advice, Andrew was straight with me and I made an appointment with him in which he clearly explained the seriousness of my case. After some time, when the matter was moved to the District Courts I was well aware that I would likely be looking at some jail time; the nature of the legal systems and the way in which bureaucracy works is an extremely draining and mentally exhausting process. However, Andrew kept me well informed at every step of the way and promptly wrote to prosecution at critical points outlining my circumstances.

Moving forward, on the sentence hearing day, a pivotal point of my life occured when I was given no immediate imprisonement and was offered an opportunity before the Judge, being legally represented by Andrew. At no one point did I feel like I was being fooled or not taken care of, Andrew Williams was honest and professional, however harsh and difficult it was to accept my circumstances at times. In ...

Franciosco R

I was charged with the offence of aggravated common assault. I engaged Andrew Williams to act for me.

From the first time I met Andrew I knew that I was in the right hands. His level of professionalism both in and out of the court room was very impressive. Following a two day trial in the Perth Magistrates Court, I was found not guilty.

Andrew Williams assisted me through a very stressful period and I was extremely happy with the outcome. I would certainly recommend Andrew Williams to anybody that found themselves on the wrong side of the law.

...

Kyran H

My wife and I were so glad that we chose Andrew Williams to handle our sons Reckless Driving charge. What a relief to know we have people like him around to help.

Besides a failure to indicate and cutting the corner of a very sharp S bend in the road all other allegations by Police were not substantiated. After using a previous Law firm that basically told us that it was the 2 Police Officers word against our son and that we were probably better to take the charge of Dangerous Driving that had been offered by Police for a plea of guilty. $2500 later we decided to find someone else that at least believed our sons version of events.

Well, Andrew was that person; he understood exactly what was going on. He advised us of all avenues available to us and recommended the assistance of a very professional crash expert who provided quality photographs and measurements of the area involved.

Well if not for the professional and well thought out approach that Andrew used in this instance our son would have been unfairly charged with reckless driving for a very minor traffic offence. All costs were awarded to us by the Court and all I can say is...

George M

I have nothing but good things to say about Andrew and his law services. He helped me more than I could possibly ask for during a difficult time facing the court. He was very efficient and precise and always happy to help and answer questions even last minute and after hours.

I believe he charges a very fair price considering the amount of work he put in for me to achieve the best possible result in court and keeping me updated regularly through the whole process.

Without a doubt I will be recommending Andrew to all of my friends for future reference.

...

Trent W

I trusted that Andrew was the person to defend my case in our initial contact on the phone. He was very confident in his approach, from the first point of contact to the court room. I believe this must be from years of experience. Another added bonus for Andrew is that he is very honest and fair. He tells you like it is in the book of law and does not appear manipulative. His communication skills helped me help him to form a best defensive argument for my case. In other words, he made me comfortable to open up to him. In the end, he was able to convince the judge to let me off with only warning for providing misleading information to the police officer, which can be recorded as a criminal record against your name for 10 years.

...

Abraham A

Unhappy with my then representation, I went searching for a new criminal lawyer. Andrew responded quickly and professionally to my enquiry. It was quickly apparent during the first meeting that Andrew was knowledgeable, honest and was committed to getting us the best possible outcome. Andrew looked at all avenues available to me in a Magistrates Court matter. He negotiated on my behalf with the prosecution, attended 3 court hearings and defended my plea at a sentencing hearing. Andrew presented strong arguments in my defense and I was very pleased with a successful outcome. Andrew was also transparent and reasonable with his capped fee costing structure.

...

Timothy R

After being charged with Common Assault of a minor I made a sensible decision not to use the local Kununurra law firm. I engaged Andrew Williams to assist me with resolving this matter (to the point of me being awarded costs). Despite being 4000km away I never had any issues with Andrew's commitment to my case. He promptly returned all calls and demanded I do likewise when important information needed to be exchanged. I found him to be an intelligent, straight-talking and knowledgeable legal counsel. I have no hesitation in recommending this likeable and professional lawyer to those that require legal representation. Especially those that reside in regional or remote areas where there is no choice.

...

David C

Andrew Williams is a criminal laywer of much dedication I will never have the words of gratitude and admiration for his honesty and integrity I would highly recommend him to anyone who may require his services in the future

...

Helen M

I just wanted to take my time to explain my experience with Andrew Williams. I had an incident that could have really affected my future. As anyone does I called around all the lawyers in Perth and just not any lawyer but the ones who are highly respected amongst other lawyers and get the results. I have a friend who works in the industry and she recommended Andrew. She said she always sees Andrew in the paper with amazing outcomes to cases that he gets for his clients I first called his office and left a message with the receptionist. At the time he was on leave and it was his wife birthday. He promised her he wouldn't be bothered with work (this was at christmas time as well) he made the effort and called me to see if I was okay and how everything was. From that moment on I knew I had found my criminal lawyer. When you are going to court you want someone who is going to care about you and go the extra mile and not just pay you off. From the whole experience he was straight with me and very honest. My case was not an easy one and it could have been a very bad outcome. Andrew went out of his way to get me what I wanted. Throughout the whole process I felt like I was dealing with a friend. He was very professional and got the outcome I wanted. I really couldn't ...

Phillip C

Very happy with my representation and fair fees by Andrew, I highly recommend him.

...

Damian A

I found dealing with Andrew Williams Law Firms to be quite pleasant and professional. I have nothing but utmost regard for this firm and would recommend anyone who needs a good criminal lawyer.

...

Andrew H

If you want to get the best lawyer money can buy and get results? Look no further than Andrew Williams and get him in your corner. Not only is he a great guy I found his legal services very professional and knowledgeable and his attention to detail was faultless. This was a very tumultuous time in my life I was facing two criminal charges and my anxiety and stress levels were through the roof, but thanks to Andrew's cool calm and confident demeanor he was able to walk me through it and keep me focused every step of the way. I was acquitted in both cases thanks to Andrew. I would like to take this opportunity to thank you again Andrew you did a fantastic job. My advice to anyone facing Criminal charges would be to phone Andrew as soon as possible.

...

Dan G

Go to top