Priority Area 2: The supply of amphetamine-type stimulants

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Priority Area 1: Community awareness and understanding of amphetamine-type stimulant use and related problems
Priority Area 2: The supply of amphetamine-type stimulants
Priority Area 3: The use of amphetamine-type stimulants
Priority Area 4: Problems associated with amphetamine-type stimulant use
Priority Area 5: Organisational and system capacity to prevent and respond to amphetamine-type stimulant problems

Objective

Prevent the supply of illicit amphetamine-type stimulants.

Rationale

The availability of drugs is a risk factor for use and related problems - ease/difficulty of production and distribution influence price, purity, and availability. The nature of ATS production differs in relation to other drugs, such as heroin and cannabis, in that it relies on the supply of precursor chemicals, and involves unique manufacturing processes.

This can present a challenge in that there is a need for liaison with a wide range of legitimate enterprises (e.g., pharmaceutical companies) whose products may be diverted into illicit ATS production. In addition, it allows for both domestic and off-shore ATS production and trade in precursor chemicals. On the other hand, it presents opportunities in that there are a range of different targets and potential strategies for production and supply disruption. These include strategies to enhance relevant controls, regulations and legislation within the Asia-Pacific region: Australia has already invested in such strategies, by supporting the development of regional forums (such as the Asian Collaborative Forum on Local Precursor Control (ACoG) and the South Pacific Precursor Control Forum (SPPCF)).

A number of law enforcement participants in the consultation process noted continued threat to Australia posed by large-scale methamphetamine production throughout the Asia-Pacific region, including Australia. This suggests that Australia would continue to benefit from working collaboratively with other regional countries to promote improvements in the regulation of precursor chemicals and pharmaceuticals and to prevent ATS manufacture and distribution. A number of participants also observed that within Australia, it will be important to retain a consistent approach to the management of precursor chemicals and pharmaceuticals across jurisdictions through such existing mechanisms as the National Precursor Working Group and the Chemical Diversion Congress. This will be important to counter the risk posed by simply shifting production activities from one location to another.

Concerns were raised about the risks associated with clandestine laboratories. These included risks to: those who produce ATS; any family members, including children in the vicinity; the surrounding community; law enforcement and other staff tasked with disrupting clandestine laboratories and remediation of sites. It was noted that a consistent and coordinated national approach needs to be developed and agreed responsibilities identified for the various groups involved in responding to the risks of clandestine laboratories.

Recommended actions

i) Disrupt and dismantle criminal groups involved in the production, trafficking and supply of ATS into and within Australia, including preventing the illicit supply of precursor chemicals and equipment

Increase international collaboration with key overseas agencies to identify and respond to ATS manufacture and trafficking operations, emerging products, precursors and technologies that are used in the production of ATS. This will include increasing efforts to engage with overseas agencies to enhance local enforcement capacity in the control of key chemicals and equipment 20 and operational responses. Continue Australia’s participation in international activities such as the International Narcotics Control Board’s Project Prism, an international initiative to prevent the smuggling of chemicals used in the illicit manufacture of ATS.

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Continue and enhance Australian activities to combat the diversion of ATS precursors into illicit manufacture in the Oceania region. This includes investigating the application of new technologies for detecting ATS and their precursors at the border, and, the impact of internet facilitation of ATS and precursor distribution.

Continue to support current law enforcement activities to prevent and disrupt manufacture and distribution of illicit ATS, including:
Close monitoring of domestic diversion of key chemicals and equipment. In support of this, from a regulatory and intelligence perspective, increasing State and Federal cooperation and collaboration among law enforcement agencies on joint precursor, ATS and clandestine laboratory seizure operations will enhance the border monitoring of importation of key chemicals and equipment;
Intelligence-led law enforcement activities to disrupt criminal activity, including dismantling organised crime syndicates engaged in ATS-related activities, with particular emphasis on facilitators, importers, manufacturers, distributors and ‘cooks’;
State and Territory investigations and activities to detect and dismantle clandestine laboratories within Australia and continue proactive investigations by law enforcement agencies at all levels of the illicit drug market;
Support of State and Territory Chemical Diversion Desks or similar units; and
The activities of the National Working Group on Preventing the Diversion of Precursor Chemicals, including:
- Develop and implement the National Clandestine Laboratory Database;
- Identify and respond to emerging trends and threats in the diversion of chemicals and equipment and ATS manufacture;
- Assess the continued adequacy of controls on precursor chemicals and related equipment used in the manufacture of ATS, with a view to developing more effective controls;
- Develop a national regulatory approach to the control of essential precursor chemicals and equipment which draws on the National Code of Practice;
- Develop awareness raising activities for the community, industry and government of the risks and signs of ATS manufacture and the diversion of chemicals and equipment;
- Support the continued development and delivery of law enforcement training initiatives;
- Enhance information and intelligence databases for law enforcement, such as the National Industrial Chemicals Notification and Assessment Scheme; and,
- Develop a national Precursor Chemical Information Resource.

Raise awareness among the pharmacy and chemical industries about the diversion of products and chemicals for ATS manufacture. Identify and where appropriate raise awareness among other key groups (e.g., real estate industry).

Support the national roll-out of Project STOP to provide pharmacists, law enforcement and health agencies with information on the purchase of pseudoephedrine based medicines to prevent diversion to illicit manufacture of ATS and support industry development of alternative products to pseudoephedrine which are not susceptible to diversion to ATS manufacture.

ii) Improve intelligence and information-sharing capabilities of Australian law enforcement agencies and related sectors

Ensure adequate availability and collection of ATS related information such as seizure and purity data.

Continue to improve and increase intelligence-led law enforcement practices, with particular emphasis on the use of the ACC’s Australian Criminal Intelligence Database and the National Clandestine Laboratory Database, by:

Continuing to use ACC coercive powers and dissemination of intelligence on a national basis;
Ensuring the timely provision of ATS related information and intelligence between jurisdictions and timely release and widest appropriate distribution of intelligence products;
Continuing support for the operation of the National Chemical Diversion Congress;
Continuing support for the further development and refinement of the ATS Signature Program under the Australian Federal Police Australian Illicit Drug Intelligence Program (AIDIP);
Improving exchange of timely and quality information between law enforcement and forensic officers on seized chemicals and substances;
Continuing national forums which bring together investigators and intelligence experts from all jurisdictions;
Continuing support for, and networking of, Chemical Diversion Desks in each jurisdiction, including the coordination and exchange of information and intelligence; and
Enhancing existing intelligence arrangements for law enforcement to access corrective services intelligence, and prisoner information on ATS production and trafficking on a national basis, including visitation programs.

iii) Ensure adequate laws are in place to respond to ATS related activities

Ensure law enforcement has appropriate powers and resources to respond to ongoing and evolving ATS problems. Ensure offence and penalty provisions remain appropriate in light of emerging ATS trends and threats, including coverage of:

Possession and use of precursor chemicals and equipment for the purpose of manufacturing ATS;
Exposure of children to clandestine laboratories;
Use of children in ATS distribution;
Increasing potency of ATS – while penalties are usually tiered according to relevant quantity thresholds for particular drugs, consider taking into account the purity or strength of a drug as an aggravating factor in determining penalties;
Sale of ATS to children.

Ensure a consistent national approach to the remediation of clandestine drug laboratory sites and precursor supply through adoption of nationally agreed standards and guidelines.

Investigate how the availability of smoking implements (including over the Internet) influences ATS use, dependence and problems and investigate the likely impact of changes to this availability and review the regulations where appropriate.

Ensure that key industry groups (e.g., pharmacies) and the broad community are informed about signs of illicit activity and diversion of precursor chemicals and the importance of community, industry and local government support to law enforcement activities.

Increase community awareness about the legal consequences/penalties of ATS possession, manufacture, distribution and importation, including targeted campaigns for at risk groups indicating definition of supply and consequences of relevant legislation.

Support the work of the Precursor Working Group’s Scheduling Working Party to review legislation relating to ATS manufacture and distribution.

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