Document ID: chunk:federal_register_of_legislation:C2025C00060:section:2:p18
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 2 (pt 18/169)
Character Range: 1233315–1236201

309.7  Procuring children for trafficking marketable quantities of controlled drugs
 (1) A person commits an offence if:
 (a) the person procures an individual to traffic in a quantity of a substance; and
 (b) the individual is a child; and
 (c) the substance is a controlled drug; and
 (d) the quantity is a marketable quantity.
Penalty: Imprisonment for life or 7,500 penalty units, or both.
 (2) Strict liability applies to paragraph (1)(b).
 (3) The fault element for paragraph (1)(c) is recklessness.
 (4) Absolute liability applies to paragraph (1)(d).
Note: Section 313.4 provides a partial defence in relation to the matter in paragraph (1)(d).

309.8  Procuring children for trafficking controlled drugs
 (1) A person commits an offence if:
 (a) the person procures an individual to traffic in a substance; and
 (b) the individual is a child; and
 (c) the substance is a controlled drug.
Penalty: Imprisonment for 25 years or 5,000 penalty units, or both.
 (2) Strict liability applies to paragraph (1)(b).
 (3) The fault element for paragraph (1)(c) is recklessness.

309.9  Meaning of procures an individual to pre‑traffic
  For the purposes of this Part, a person procures an individual to pre‑traffic in a substance if the person procures the individual to sell the substance believing that the person to whom the substance is sold intends to use any of the substance to manufacture a controlled drug.

309.10  Procuring children for pre‑trafficking marketable quantities of controlled precursors
 (1) A person commits an offence if:
 (a) the person procures an individual to pre‑traffic in a quantity of a substance; and
 (b) the individual is a child; and
 (c) the substance is a controlled precursor; and
 (d) the quantity is a marketable quantity.
Penalty: Imprisonment for life or 7,500 penalty units, or both.
 (2) Strict liability applies to paragraph (1)(b).
 (3) The fault element for paragraph (1)(c) is recklessness.
 (4) Absolute liability applies to paragraph (1)(d).
Note: Section 313.4 provides a partial defence in relation to the matter in paragraph (1)(d).

309.11  Procuring children for pre‑trafficking controlled precursors
 (1) A person commits an offence if:
 (a) the person procures an individual to pre‑traffic in a substance; and
 (b) the individual is a child; and
 (c) the substance is a controlled precursor.
Penalty: Imprisonment for 25 years or 5,000 penalty units, or both.
 (2) Strict liability applies to paragraph (1)(b).
 (3) The fault element for paragraph (1)(c) is recklessness.

309.12  Procuring children for importing or exporting marketable quantities of border controlled drugs or border controlled plants
 (1) A person commits an offence if:
 (a) the person procures an individual to import or export a substance; and
 (b) the individual is a child; and
 (c) the substance is a border controlled drug or border controlled plant;