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 306.7   Presumptions for pre-trafficking controlled precursors - manufacture for sale  

(1)  
For the purposes of proving an offence against subsection 306.4(1) , if a person has manufactured a marketable quantity of a substance, the person is taken to have done so with the intention of selling some or all of it to another person.

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

Note:

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

(3)  
For the purposes of proving an offence against subsection 306.4(1) , if:


(a) a person has manufactured a substance with the intention of selling some or all of it to another person; and


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


(c) the manufacture was not so authorised;

the person is taken to have manufactured the substance believing that the other person intended to use some or all of the substance to manufacture a controlled drug.

(4)  
Subsection (3) 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 (4) (see section 13.4 ).




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