Criminal Code Act 1995

Pt 9.1 inserted by No 129 of 2005, s 3 and Sch 1 item 1, effective 6 December 2005.

Div 307 inserted by No 129 of 2005, s 3 and Sch 1 item 1, effective 6 December 2005.

Subdiv D inserted by No 129 of 2005, s 3 and Sch 1 item 1, effective 6 December 2005.

S 307.14 repealed by No 153 of 2015, s 3 and Sch 1 item 7, applicable in relation to offences constituted by conduct engaged in on or after 27 November 2015. S 307.14 formerly read:

SECTION 307.14 Presumptions for importing and exporting border controlled precursors  
(1)
For the purposes of proving an offence against this Subdivision, if:

(a) a person has imported or exported a substance; and

(b) a law of the Commonwealth required the import or export to be authorised (however described); and

(c) the import or export was not so authorised;

the person is taken to have imported or exported the substance with the intention of using some or all of the substance to manufacture a controlled drug.

(2)
Subsection (1) does not apply if the person proves that he or she did not have that intention.

Note:

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

(3)
For the purposes of proving an offence against this Subdivision, if:

(a) a person has imported or exported a substance; and

(b) a law of the Commonwealth required the import or export to be authorised (however described); and

(c) the import or export was not so authorised;

the person is taken to have imported or exported the substance believing that another person intends to use some or all of the substance to manufacture a controlled drug.

(4)
Subsection (3) does not apply if the person proves that he or she did not have that belief.

Note:

A defendant bears a legal burden in relation to the matter in subsection (4) (see section 13.4 ).

S 307.14 inserted by No 129 of 2005, s 3 and Sch 1 item 1, effective 6 December 2005.