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ABC News
ABC News
National
By Carla Hildebrandt and Danielle Mahe

Police Minister defends time taken to implement new powers designed to tackle drug crime in NSW

Walt Secord (left) is questioning why it took Paul Toole so long to implement the police powers. (AAP Image: Dean Lewis, ABC News)

The NSW government has defended the length of time it took to enact approved legislation targeting organised crime figures involved in the supply of drugs. 

A two-year pilot, legislation for which passed parliament in November 2020, was launched yesterday, the same day Assistant Commissioner Mick Fitzgerald said a recent spate of fatal shootings were directly related to the sale, distribution, and importation of drugs into Australia.

The extensive powers allow officers to search the homes and cars of convicted drug dealers at any time. 

The Drug Supply Prohibition Order (DSPO) scheme will initially roll out across Bankstown, Dubbo, Hunter Valley and Coffs Harbour. 

Shadow Police Minister Walt Secord questioned why it took so long for the laws to be enacted. 

"These laws could've been in place almost two years ago and they could've been arresting and smashing down doors," Mr Secord said. 

"The government must explain, is this just another example of them dropping the balls on gangs?"

But Police Minister Paul Toole disagreed, and said the "complex" scheme had come about "very quickly".

"We've been able to ensure these changes [were] driven through very quickly to be able to support our police," Mr Toole said.

"We are going to continue to be out there in the faces of these criminals each and every day."

The legislation will be used to tackle crime across the board, including by Taskforce Erebus which is coordinating the investigation of multiple gangland murders.

Once officers have applied to a court to use the legislation in relation to a person of interest, they will be able to search the convicted drug dealer at any time if they have "reasonable grounds to suspect there is evidence of drug-related crime", police say. 

The application for an order may be made in relation to any person convicted of a serious drug offence in the past 10 years.

NSW Law Society president Joanne van der Plaat said the changes would do "little to solve the problem".

"Police already have the power to apply for search warrants in a closed court. The scheme lacks sufficient oversight to ensure it operates fairly," Ms van der Plaat said.

"The scheme will do nothing to aid rehabilitation, and may well do little to hinder high level drug dealers either."

Greens MP Sue Higginson, who is also a lawyer, said vulnerable members of the community could be adversely impacted by the scheme.

"This can mean a young person with a pocket full of pills going to a music festival … could be subject to a search without a warrant in the next 10 years," Ms Higginson said.

Concerns were raised by the New South Wales Law Society and the Greens when the bill was originally proposed.

However, Assistant Police Commissioner Mick Fitzgerald said the threshold to apply for an order was "very high". 

"This is not just for young people who've had one conviction. These are people convicted ... who are actively involved in their community supplying drugs," he said. 

He said four applications were submitted on Monday and two were returned. 

The Bureau of Crime Statistics and Research will file a report on the success of the pilot. 

The launch of the pilot follows Rami Iskander, the nephew of slain underworld figure Mahmoud "Brownie" Ahmad, being shot dead outside his Belmore home on Saturday morning. 

It was the second fatal shooting in a week, with Omar Zahed fatally killed and Comanchero boss Tarek Zahed critically injured after being targeted outside their gym in Auburn.

Tarek is still in hospital undergoing multiple surgeries for bullet wounds to his head and body.

Police Minister Paul Toole has been contacted for comment. 

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