Document ID: chunk:federal_register_of_legislation:C2005A00129:clause:1_1:p14
Version: federal_register_of_legislation:C2005A00129
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 14/42)
Character Range: 40127–42809

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 a legal burden in relation to the matters in subsection (4) (see section 13.4).

306.7  Presumptions for pre‑trafficking controlled precursors—manufacture for sale

 (1) For the purposes of proving an offence against subsection 306.4(1), if a person has manufactured a marketable quantity of a substance, the person is taken to have done so with the intention of selling some or all of it to another person.

 (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