Document ID: chunk:federal_register_of_legislation:C2005A00129:clause:1_1:p13
Version: federal_register_of_legislation:C2005A00129
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 13/42)
Character Range: 37506–40406

so manufactured, or believing that another person intends to sell any of the drug so manufactured; or
 (c) manufactures the substance:
 (i) with the intention of selling any of it to another person; and
 (ii) believing that the other person intends to use any of the substance to manufacture a controlled drug; or
 (d) possesses the substance:
 (i) with the intention of using any of it to manufacture a controlled drug; and
 (ii) with the intention of selling any of the drug so manufactured, or believing that another person intends to sell any of the drug so manufactured.

306.2  Pre‑trafficking commercial quantities of controlled precursors

 (1) A person commits an offence if:
 (a) the person pre‑traffics in a substance; and
 (b) the substance is a controlled precursor; and
 (c) the quantity pre‑trafficked is a commercial quantity.

Penalty:
 (a) in the case of an aggravated offence—imprisonment for 28 years or 5,600 penalty units, or both; or
 (b) in any other case—imprisonment for 25 years or 5,000 penalty units, or both.

Note: The additional elements for an aggravated offence against this section are set out in subsection 310.4(3).

 (2) The fault element for paragraph (1)(b) is recklessness.

 (3) Absolute liability applies to paragraph (1)(c).

Note: Section 313.4 provides a partial defence in relation to the matter in paragraph (1)(c).

306.3  Pre‑trafficking marketable quantities of controlled precursors

 (1) A person commits an offence if:
 (a) the person pre‑traffics in a substance; and
 (b) the substance is a controlled precursor; and
 (c) the quantity pre‑trafficked is a marketable quantity.

Penalty:
 (a) in the case of an aggravated offence—imprisonment for 17 years or 3,400 penalty units, or both; or
 (b) in any other case—imprisonment for 15 years or 3,000 penalty units, or both.

Note: The additional elements for an aggravated offence against this section are set out in subsection 310.4(3).

 (2) The fault element for paragraph (1)(b) is recklessness.

 (3) Absolute liability applies to paragraph (1)(c).

Note: Section 313.4 provides a partial defence in relation to the matter in paragraph (1)(c).

306.4  Pre‑trafficking controlled precursors

 (1) A person commits an offence if:
 (a) the person pre‑traffics in a substance; and
 (b) the substance is a controlled precursor.

Penalty:
 (a) in the case of an aggravated offence—imprisonment for 9 years or 1,800 penalty units, or both; or
 (b) in any other case—imprisonment for 7 years or 1,400 penalty units, or both.

Note: The additional elements for an aggravated offence against this section are set out in subsection 310.4(3).

 (2) The fault element for paragraph (1)(b) is recklessness.

306.5  Presumption for pre‑trafficking controlled precursors—sale

 (1) For the purposes of proving an offence against subsection 306.4(1), if:
 (a) a person has sold a substance; and
 (b) a law