Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 9 - DANGERS TO THE COMMUNITY  

Part 9.1 - Serious drug offences  

Division 300 - 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 ).

Note:

Proof of intention, knowledge or recklessness will satisfy a fault element of recklessness: see subsection 5.4(4) .




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