Document ID: chunk:federal_register_of_legislation:C2025C00060:section:2:p22
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 2 (pt 22/169)
Character Range: 1243417–1246137

an offence against subsection (1), the conduct of the defendant for the purposes of paragraph (1)(a) is alleged to be an omission, the fault element for that omission is recklessness.

310.3  Harm from exposure to unlawful manufacturing
 (1) A person commits an offence if:
 (a) the person engages in conduct; and
 (b) the conduct causes harm to an individual; and
 (c) the individual is under 14 years of age; and
 (d) the harm is caused because the individual is exposed to the manufacture of a controlled drug or a controlled precursor; and
 (e) the manufacture is an offence against this Part, or would be an offence against this Part if the manufacture were for a commercial purpose (see section 305.2).
Penalty: Imprisonment for 9 years or 1,800 penalty units, or both.
Note: A person can commit an offence against this section without being involved in the unlawful manufacture of controlled drugs or controlled precursors. The person need only cause harm to a child under 14 by exposing the child to such manufacture.
 (2) Strict liability applies to paragraphs (1)(c) and (e).
 (3) In a prosecution for an offence against subsection (1), it is not necessary to prove that a particular person committed the offence mentioned in paragraph (1)(e).
 (4) If, in a prosecution for an offence against subsection (1), the conduct of the defendant for the purposes of paragraph (1)(a) is alleged to be an omission, the fault element for that omission is recklessness.

310.4  Aggravated offences—manufacturing controlled drugs and controlled precursors
 (1) If the prosecution intends to prove an aggravated offence, the charge must allege the relevant aggravated offence.
 (2) For the purposes of this Part, an offence against section 305.4 or 305.5 is an aggravated offence if:
 (a) the commission of the offence exposes an individual to the manufacture of a controlled drug; and
 (b) the individual is under 14 years of age.
 (3) For the purposes of this Part, an offence against section 306.2, 306.3 or 306.4 is an aggravated offence if:
 (a) the commission of the offence exposes an individual to:
 (i) a controlled precursor intended to be used for the manufacture of a controlled drug; or
 (ii) the manufacture of a controlled precursor; and
 (b) the individual is under 14 years of age.
 (4) The fault element for paragraphs (2)(a) and (3)(a) is recklessness.
 (5) Strict liability applies to paragraphs (2)(b) and (3)(b).
 (6) Subsections (2) and (3) do not apply if the commission of the offence does not give rise to a danger of harm to the individual.
Note: A defendant bears an evidential burden in relation to the matter in subsection (6) (see subsection 13.3(3)).
 (7) For the purposes of this section, if