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 306.8   Presumptions for pre-trafficking controlled precursors - possession  

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


(a) a person possessed a substance; and


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


(c) the possession was not so authorised;

the person is taken to have possessed the substance with the intention of using some or all of it to manufacture a controlled drug.

(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 person possessed a marketable quantity of a substance with the intention of using some or all of it to manufacture a controlled drug, the person is taken to have done so with the intention of selling some or all of the drug so manufactured, or believing that another person intended to sell some or all of the drug so manufactured.

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




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