Document ID: chunk:federal_register_of_legislation:C2005A00129:clause:1_1:p11
Version: federal_register_of_legislation:C2005A00129
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 11/42)
Character Range: 32270–35172

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 any process by which a substance is produced (other than the cultivation of a plant), and includes the following:
 (a) the process of extracting or refining a substance;
 (b) the process of transforming a substance into a different 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  Manufacturing commercial quantities of controlled drugs

 (1) A person commits an offence if:
 (a) the person manufactures a substance for a commercial purpose; and
 (b) the substance is a controlled drug; and
 (c) the quantity manufactured 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).

305.4  Manufacturing marketable quantities of controlled drugs

 (1) A person commits an offence if:
 (a) the