Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3


Part 9.1 - Serious drug offences  

Division 308 - Possession offences  

SECTION 308.4   Possessing substance, equipment or instructions for commercial manufacture of controlled drugs  

A person commits an offence if:

(a) the person possesses any substance (other than a controlled precursor), any equipment or any document containing instructions for manufacturing a controlled drug; and

(b) the person intends to use the substance, equipment or document to manufacture a controlled drug; and

(c) the person intends to sell, or believes that another person intends to sell, any of the drug so manufactured.

Penalty: Imprisonment for 7 years or 1,400 penalty units, or both.

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

(a) a person possessed a tablet press; 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 tablet press with the intention of using it to manufacture a controlled drug.

Subsection (2) 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 (3) (see section 13.4 ).

This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.