Criminal Code Act 1995
Schedule
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The Criminal Code
Division 300
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Preliminary
SECTION 300.6
300.6
Recklessness as to nature of substance or plant sufficient for offence of attempt to commit an offence against this Part
Despite subsection 11.1(3) , for the offence of attempting to commit an offence against this Part, recklessness is the fault element in relation to any of the following physical elements of the offence attempted:
(a) that a substance is a controlled drug (a physical element of an offence against Division 302 or 305 or section 308.1 , 309.2 , 309.3 , 309.4 , 309.7 or 309.8 );
(b) that a plant is a controlled plant (a physical element of an offence against Division 303 or 304 );
(c) that a substance is a controlled precursor (a physical element of an offence against Division 306 or section 308.2 , 309.10 or 309.11 );
(d) that a substance is a border controlled drug or border controlled plant (a physical element of an offence against Subdivision A , B or C of Division 307 or section 309.12 or 309.13 );
(e) that a substance is a border controlled precursor (a physical element of an offence against Subdivision D of Division 307 or section 309.14 or 309.15 ).
Section 3
CHAPTER 9 - DANGERS TO THE COMMUNITY Part 9.1 - Serious drug offences
View history note
Hide history noteDespite subsection 11.1(3) , for the offence of attempting to commit an offence against this Part, recklessness is the fault element in relation to any of the following physical elements of the offence attempted:
(a) that a substance is a controlled drug (a physical element of an offence against Division 302 or 305 or section 308.1 , 309.2 , 309.3 , 309.4 , 309.7 or 309.8 );
(b) that a plant is a controlled plant (a physical element of an offence against Division 303 or 304 );
(c) that a substance is a controlled precursor (a physical element of an offence against Division 306 or section 308.2 , 309.10 or 309.11 );
(d) that a substance is a border controlled drug or border controlled plant (a physical element of an offence against Subdivision A , B or C of Division 307 or section 309.12 or 309.13 );
(e) that a substance is a border controlled precursor (a physical element of an offence against Subdivision D of Division 307 or section 309.14 or 309.15 ).
Note:
Proof of intention, knowledge or recklessness will satisfy a fault element of recklessness: see subsection 5.4(4) .
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