Document ID: chunk:federal_register_of_legislation:C2025C00060:section:2:p4
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 2 (pt 4/169)
Character Range: 1197619–1200406

a partial defence in relation to the matter in paragraph (1)(c).

302.3  Trafficking marketable quantities of controlled drugs
 (1) A person commits an offence if:
 (a) the person traffics in a substance; and
 (b) the substance is a controlled drug; and
 (c) the quantity trafficked 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).

302.4  Trafficking controlled drugs
 (1) A person commits an offence if:
 (a) the person traffics in a substance; and
 (b) the substance is a controlled drug.
Penalty: Imprisonment for 10 years or 2,000 penalty units, or both.
 (2) The fault element for paragraph (1)(b) is recklessness.

302.5  Presumption where trafficable quantities are involved
 (1) For the purposes of proving an offence against this Division, if a person has:
 (a) prepared a trafficable quantity of a substance for supply; or
 (b) transported a trafficable quantity of a substance; or
 (c) guarded or concealed a trafficable quantity of a substance; or
 (d) possessed a trafficable quantity of a substance;
the person is taken to have had the necessary intention or belief concerning the sale of the substance to have been trafficking in the substance.
 (2) Subsection (1) does not apply if the person proves that he or she had neither that intention nor belief.
Note 1: A defendant bears a legal burden in relation to the matters in subsection (2) (see section 13.4).
Note 2: This section does not apply where quantities are combined for the purposes of section 311.2 (see subsection 311.2(3)).

302.6  Purchase of controlled drugs is not an ancillary offence
  A person does not commit:
 (a) an offence against this Division because of the operation of section 11.2 or 11.2A; or
 (b) an offence against section 11.4 or 11.5 that relates to an offence against this Division;
merely because the person purchases, or intends to purchase, a controlled drug from another person.
Note: A defendant bears an evidential burden in relation to the matters in this section (see subsection 13.3(3)).

Division 303—Commercial cultivation of controlled plants

303.1  Meanings of cultivate and cultivates a plant
 (1) For the purposes of this Part, cultivate includes the following:
 (a) plant a seed, seedling or cutting;
 (b) transplant a plant;
 (c) nurture, tend or grow a plant;
 (d) guard or conceal a plant (including against interference or discovery by humans or natural predators);
 (e) harvest a plant, pick any part of a plant or separate any resin or other substance from a plant.
 (2) For the purposes of this Part, a person