Criminal Code Act 1995
Section 3CHAPTER 9 - DANGERS TO THE COMMUNITY Part 9.1 - Serious drug offences
A person commits an offence if:
(a) the person possesses a substance; and
(b) the person intends to use any of the substance to manufacture a controlled drug; and
(c) the substance is a controlled precursor.
Penalty: Imprisonment for 2 years or 400 penalty units, or both.(2)
The fault element for paragraph (1)(c) is recklessness. (3)
For the purposes of proving an offence against subsection (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 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 intention.
A defendant bears a legal burden in relation to the matter in subsection (4) (see section 13.4 ).