Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 9 - DANGERS TO THE COMMUNITY  

Part 9.1 - Serious drug offences  

Division 306 - Pre-trafficking controlled precursors  

SECTION 306.5   Presumption for pre-trafficking controlled precursors - sale  

(1)  
For the purposes of proving an offence against subsection 306.4(1), if:


(a) a person has sold a substance; and


(b) a law of the Commonwealth or of a State or Territory required the sale to be authorised (however described); and


(c) the sale was not so authorised;

the person is taken to have sold the substance believing that the person to whom it was sold, or another person, intended to use some or all of the substance to manufacture a controlled drug.

(2)  
Subsection (1) does not apply if the person proves that he or she did not have that belief.

Note:

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




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