Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 9 - DANGERS TO THE COMMUNITY  

Part 9.1 - Serious drug offences  

Division 305 - Commercial manufacture of controlled drugs  

SECTION 305.6   Presumption where trafficable quantities are involved  

(1)    
For the purposes of proving an offence against this Division, if a person has manufactured a trafficable quantity of a substance, the person is taken to have had the necessary intention or belief concerning the sale of the substance to have been manufacturing the substance for a commercial purpose.

(2)    
Subsection (1) does not apply if the person proves that he or she had neither that intention nor belief.

Note:

A defendant bears a legal burden in relation to the matters in subsection (2) (see section 13.4 ).





This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.