Document ID: chunk:federal_register_of_legislation:C2025C00060:section:2:p6
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 2 (pt 6/169)
Character Range: 1202707–1205503

a plant, the person is taken to have had the necessary intention or belief concerning the sale of the plant to have been cultivating the plant for a commercial purpose.
 (2) Subsection (1) 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 (2) (see section 13.4).

Division 304—Selling controlled plants

304.1  Selling commercial quantities of controlled plants
 (1) A person commits an offence if:
 (a) the person sells a plant; and
 (b) the plant is a controlled plant; and
 (c) the quantity sold is a commercial quantity.
Penalty: Imprisonment for life or 7,500 penalty units, or both.
 (2) The fault element for paragraph (1)(b) is recklessness.
 (3) Absolute liability applies to paragraph (1)(c).
Note: Section 313.4 provides a partial defence in relation to the matter in paragraph (1)(c).

304.2  Selling marketable quantities of controlled plants
 (1) A person commits an offence if:
 (a) the person sells a plant; and
 (b) the plant is a controlled plant; and
 (c) the quantity sold is a marketable quantity.
Penalty: Imprisonment for 25 years or 5,000 penalty units, or both.
 (2) The fault element for paragraph (1)(b) is recklessness.
 (3) Absolute liability applies to paragraph (1)(c).
Note: Section 313.4 provides a partial defence in relation to the matter in paragraph (1)(c).

304.3  Selling controlled plants
 (1) A person commits an offence if:
 (a) the person sells a plant; and
 (b) the plant is a controlled plant.
Penalty: Imprisonment for 10 years or 2,000 penalty units, or both.
 (2) The fault element for paragraph (1)(b) is recklessness.

Division 305—Commercial manufacture of controlled drugs

305.1  Meanings of manufacture and manufactures a substance
 (1) For the purposes of this Part, manufacture means:
 (a) any process by which a substance is produced (other than the cultivation of a plant), and includes the following:
 (i) the process of extracting or refining a substance;
 (ii) the process of transforming a substance into a different substance; or
 (b) any process by which a substance is converted from one form to another, including the process of extracting or refining a substance.
 (2) For the purposes of this Part, a person manufactures a substance if the person:
 (a) engages in its manufacture; or
 (b) exercises control or direction over its manufacture; or
 (c) provides finance for its manufacture.

305.2  Meaning of manufactures a substance for a commercial purpose
  For the purposes of this Part, a person manufactures a substance for a commercial purpose if the person manufactures the substance:
 (a) with the intention of selling any of it; or
 (b) believing that another person intends to sell any of it.

305.3