Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 9 - DANGERS TO THE COMMUNITY  

Part 9.1 - Serious drug offences  

Division 305 - Commercial manufacture of controlled drugs  

SECTION 305.4   Manufacturing marketable quantities of controlled drugs  

(1)  
A person commits an offence if:


(a) the person manufactures a substance for a commercial purpose; and


(b) the substance is a controlled drug; and


(c) the quantity manufactured is a marketable quantity.

Penalty:

  • (a) in the case of an aggravated offence - imprisonment for 28 years or 5,600 penalty units, or both; or
  • (b) in any other case - imprisonment for 25 years or 5,000 penalty units, or both.
    Note:

    The additional elements for an aggravated offence against this section are set out in subsection 310.4(2) .

  • (2)  
    The fault element for paragraph (1)(b) is recklessness.

    (3)  
    Absolute liability applies to paragraph (1)(c).

    Note:

    Section 313.4 provides a partial defence in relation to the matter in paragraph (1)(c).




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