Document ID: chunk:federal_register_of_legislation:C2005A00129:clause:1_1:p20
Version: federal_register_of_legislation:C2005A00129
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 20/42)
Character Range: 55560–58262

if:
 (a) the person imports or exports a substance; and
 (b) either or both of the following apply:
 (i) the person intends to use any of the substance to manufacture a controlled drug;
 (ii) the person believes that another person intends to use any of the substance to manufacture a controlled drug; and
 (c) the substance is a border controlled precursor.

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

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

 (3) Subsection (1) does not apply if:
 (a) in relation to conduct covered by subparagraph (1)(b)(i)—the person proves that he or she neither intended, nor believed that another person intended, to sell any of the controlled drug so manufactured; or
 (b) in relation to conduct covered by subparagraph (1)(b)(ii)—the person proves that, although he or she believed that the other person intended to use the substance to manufacture a controlled drug, he or she did not intend to sell any of the substance to the other person.

Note: A defendant bears a legal burden in relation to the matters in subsection (3) (see section 13.4).

307.14  Presumptions for importing and exporting border controlled precursors

 (1) For the purposes of proving an offence against this Subdivision, if:
 (a) a person has imported or exported a substance; and
 (b) a law of the Commonwealth required the import or export to be authorised (however described); and
 (c) the import or export was not so authorised;
the person is taken to have imported or exported the substance with the intention of using 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 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 this Subdivision, if:
 (a) a person has imported or exported a substance; and
 (b) a law of the Commonwealth required the import or export to be authorised (however described); and
 (c) the import or export was not so authorised;
the person is taken to have imported or exported the substance believing that another person intends to use some or all of the substance to manufacture a controlled drug.

 (4) Subsection (3) 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 (4) (see section 13.4).

Division 308—Possession offences

308.1  Possessing controlled drugs

 (1) A person commits an offence if:
 (a) the person possesses a substance; and
 (b) the substance is a controlled drug.

Penalty: