Document ID: chunk:federal_register_of_legislation:C2025C00180:schedule:1:p29
Version: federal_register_of_legislation:C2025C00180
Segment Type: schedule
Provision Reference: sch 1 (pt 29/31)
Character Range: 1491491–1494318

against any of the provisions mentioned in paragraph (1)(e).
Note: A defendant bears an evidential burden in relation to the matter in subsection (4) (see subsection 13.3(3) of the Criminal Code).

308‑210  Possession of equipment designed or adapted to manufacture or produce tobacco
 (1) A person commits an offence if:
 (a) the person possesses equipment at a time; and
 (b) the place in which the person possesses the equipment is in Australia but not in an external Territory; and
 (c) a reasonable person, with a full knowledge and understanding of the functioning of the equipment, would conclude that the equipment is designed or adapted specifically to manufacture or produce tobacco; and
 (d) on the assumption that, at the time mentioned in paragraph (a), the person used the equipment to manufacture or produce tobacco, the person would commit an offence against any of the following provisions:
 (i) section 308‑125, 308‑130 or 308‑135;
 (ii) section 25 or 28 of the Excise Act 1901.
Penalty: Imprisonment for 12 months or 120 penalty units, or both.
 (2) Absolute liability applies to paragraph (1)(b).
 (3) Absolute liability applies to paragraph (1)(d).
 (4) Subsection (1) does not apply if the person possesses the equipment:
 (a) for the sole purpose of the disposal or destruction of the equipment; or
 (b) for the sole purpose of the export of the equipment.
Note: A defendant bears an evidential burden in relation to the matter in subsection (4) (see subsection 13.3(3) of the Criminal Code).
 (5) Subsection (1) does not apply if:
 (a) the person possesses the equipment on behalf of another person; and
 (b) assuming that, at the time mentioned in paragraph (a), the other person used the equipment in Australia (but not in an external Territory) to manufacture or produce tobacco, the other person would not commit an offence under any of the following provisions:
 (i) section 308‑125,308‑130 or 308‑135;
 (ii) section 25 or 28 of the Excise Act 1901.
Note: A defendant bears an evidential burden in relation to the matter in subsection (5) (see subsection 13.3(3) of the Criminal Code).

Subdivision 308‑E—Other provisions

Guide to Subdivision 308‑E

308‑500  What this Subdivision is about
      This Subdivision sets out various miscellaneous rules that relate to the offences in other provisions of this Division, including rules that treat certain things as tobacco and certain matters as possession.

Table of sections
308‑505 Things treated as tobacco
308‑510 Matters treated as possession
308‑515 Where excise duty or customs duty is treated as not payable for the purpose of the reasonable suspicion offences
308‑520 Section 8ZD does not apply to this Division

308‑505  Things treated as tobacco
 (1) For the purposes of this Division, treat as tobacco any thing (including moisture) added