Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 9 - DANGERS TO THE COMMUNITY  

Part 9.1 - Serious drug offences  

Division 309 - Drug offences involving children  

SECTION 309.5   Presumption where trafficable quantities are involved  

(1)  
For the purposes of proving an offence against section 309.3 or 309.4 , if a person has supplied a trafficable quantity of a substance to a child, the person is taken to have done so believing that the child intended to sell some or all of it.

(2)  
Subsection (1) does not apply if the person proves that he or she did not have that belief.

Note:

A defendant bears a legal burden in relation to the matter in subsection (2) (see section 13.4 ).




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