Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 9 - DANGERS TO THE COMMUNITY  

Part 9.1 - Serious drug offences  

Division 308 - Possession offences  

SECTION 308.2   Possessing controlled precursors  

(1)  
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.

Note:

A defendant bears a legal burden in relation to the matter in subsection (4) (see section 13.4 ).




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