Document ID: chunk:federal_register_of_legislation:C2025C00060:section:2:p9
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 2 (pt 9/169)
Character Range: 1210448–1213163

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 of the Commonwealth or of a State or Territory required the sale to be authorised (however described); and
 (c) the sale was not so authorised;
the person is taken to have sold the substance believing that the person to whom it was sold, or another person, intended to use some or all of the substance to manufacture a controlled drug.
 (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).

306.6  Presumptions for pre‑trafficking controlled precursors—manufacture for drug manufacture
 (1) For the purposes of proving an offence against subsection 306.4(1), if:
 (a) a person has manufactured a substance; and
 (b) a law of the Commonwealth or of a State or Territory required the manufacture to be authorised (however described); and
 (c) the manufacture was not so authorised;
the person is taken to have manufactured the substance with the intention of using some or all of it to manufacture a controlled drug.
 (2) Subsection (1) 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 (2) (see section 13.4).
 (3) For the purposes of proving an offence against subsection 306.4(1), if a person has manufactured a marketable quantity of a substance with the intention of using some or all of it to manufacture a controlled drug, the person is taken to have done so with the intention of selling some or all of the drug so manufactured, or believing that another person intended to sell some or all of the drug so manufactured.
 (4) Subsection (3) does not apply if the person proves that he or she had neither that intention nor belief.
Note: A defendant bears