Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 9 - DANGERS TO THE COMMUNITY  

Part 9.1 - Serious drug offences  

Division 303 - Commercial cultivation of controlled plants  

SECTION 303.7   Presumption where trafficable quantities are involved  

(1)  
For the purposes of proving an offence against this Division, if a person has cultivated a trafficable quantity of a plant, the person is taken to have had the necessary intention or belief concerning the sale of the plant to have been cultivating the plant 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 ).




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