Document ID: chunk:federal_register_of_legislation:C2011C00065:clause:1_103
Version: federal_register_of_legislation:C2011C00065
Segment Type: clause
Provision Reference: sch 1 cl 103
Character Range: 11771–14214

103  Supplying prohibited material in and to prescribed areas

Supply generally

 (1) A person commits an offence if:
 (a) the person:
 (i) supplies material to a third person; or
 (ii) prepares material intending to supply any of it, or believing that another person intends to supply any of it, to a third person; or
 (iii) transports material intending to supply any of it, or believing that another person intends to supply any of it, to a third person; or
 (iv) guards or conceals material intending to supply any of it, or intending to assist another person to supply any of it, to a third person; or
 (v) possesses material intending to supply any of it to a third person; and
 (b) the third person is in a prescribed area; and
 (c) the material is prohibited material.

Penalty: 100 penalty units.

Supplying 5 or more items

 (2) A person commits an offence if:
 (a) the person:
 (i) supplies material to a third person; or
 (ii) prepares material intending to supply any of it, or believing that another person intends to supply any of it, to a third person; or
 (iii) transports material intending to supply any of it, or believing that another person intends to supply any of it, to a third person; or
 (iv) guards or conceals material intending to supply any of it, or intending to assist another person to supply any of it, to a third person; or
 (v) possesses material intending to supply any of it to a third person; and
 (b) the third person is in a prescribed area; and
 (c) the material is prohibited material; and
 (d) the material consists of 5 or more items of prohibited material.

Penalty: 200 penalty units or imprisonment for 2 years, or both.

 (3) For the purposes of proving an offence against subsection (2), a person who engages in conduct specified in subparagraph (2)(a)(ii), (iii), (iv) or (v) in a prescribed area, is taken to have done so:
 (a) intending to supply the material; or
 (b) believing that another person intends to supply the material; or
 (c) intending to assist another person to supply the material;
as the subparagraph requires, to a person in a prescribed area.

 (4) Subsection (3) does not apply in relation to a subparagraph mentioned in that subsection if the person proves that he or she did not have the intention or belief required by that subparagraph.

Note: A defendant bears a legal burden in relation to the matters in subsection (4)—see section 13.4 of the Criminal Code.