Document ID: chunk:federal_register_of_legislation:C2005A00129:clause:1_1:p15
Version: federal_register_of_legislation:C2005A00129
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 15/42)
Character Range: 42603–45284

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 subsection (2) (see section 13.4).

 (3) For the purposes of proving an offence against subsection 306.4(1), if:
 (a) a person has manufactured a substance with the intention of selling some or all of it to another person; 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 believing that the other person intended 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).

306.8  Presumptions for pre‑trafficking controlled precursors—possession

 (1) For the purposes of proving an offence against subsection 306.4(1), if:
 (a) a person possessed a substance; and
 (b) a law of the Commonwealth or of a State or Territory required the possession to be authorised (however described); and
 (c) the possession was not so authorised;
the person is taken to have possessed 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 possessed 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).

Division 307—Import‑export offences

Subdivision A—Importing and exporting border controlled drugs or border controlled plants

307.1  Importing and exporting commercial quantities of border controlled drugs or border controlled plants

 (1) A person commits an offence if:
 (a) the person imports or exports a substance; and
 (b) the substance is a border controlled drug or border