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 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.(2)
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.(3)
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 ).