Document ID: chunk:federal_register_of_legislation:C2015A00153:clause:1_2
Version: federal_register_of_legislation:C2015A00153
Segment Type: clause
Provision Reference: sch 1 cl 2
Character Range: 9471–10741

2  At the end of Division 300 of the Criminal Code
Add:

300.6  Recklessness as to nature of substance or plant sufficient for offence of attempt to commit an offence against this Part
  Despite subsection 11.1(3), for the offence of attempting to commit an offence against this Part, recklessness is the fault element in relation to any of the following physical elements of the offence attempted:
 (a) that a substance is a controlled drug (a physical element of an offence against Division 302 or 305 or section 308.1, 309.2, 309.3, 309.4, 309.7 or 309.8);
 (b) that a plant is a controlled plant (a physical element of an offence against Division 303 or 304);
 (c) that a substance is a controlled precursor (a physical element of an offence against Division 306 or section 308.2, 309.10 or 309.11);
 (d) that a substance is a border controlled drug or border controlled plant (a physical element of an offence against Subdivision A, B or C of Division 307 or section 309.12 or 309.13);
 (e) that a substance is a border controlled precursor (a physical element of an offence against Subdivision D of Division 307 or section 309.14 or 309.15).
Note: Proof of intention, knowledge or recklessness will satisfy a fault element of recklessness: see subsection 5.4(4).