Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 9 - DANGERS TO THE COMMUNITY  

Part 9.1 - Serious drug offences  

Division 302 - Trafficking controlled drugs  

SECTION 302.5   Presumption where trafficable quantities are involved  

(1)  
For the purposes of proving an offence against this Division, if a person has:


(a) prepared a trafficable quantity of a substance for supply; or


(b) transported a trafficable quantity of a substance; or


(c) guarded or concealed a trafficable quantity of a substance; or


(d) possessed 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 trafficking in the substance.

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

Note 1:

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

Note 2:

This section does not apply where quantities are combined for the purposes of section 311.2 (see subsection 311.2(3) ).




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