Document ID: chunk:federal_register_of_legislation:C2025C00114:section:103:p1
Version: federal_register_of_legislation:C2025C00114
Segment Type: section
Provision Reference: s 103 (pt 1/2)
Character Range: 188753–191375

103  Supplying prohibited material in and to prohibited material areas

Supply generally
 (1) A person commits an offence if:
 (a) the person:
 (i) supplies material to a third person; or
 (ii) prepares material intending to supply any of it, or believing that another person intends to supply any of it, to a third person; or
 (iii) transports material intending to supply any of it, or believing that another person intends to supply any of it, to a third person; or
 (iv) guards or conceals material intending to supply any of it, or intending to assist another person to supply any of it, to a third person; or
 (v) possesses material intending to supply any of it to a third person; and
 (b) the third person is in a prohibited material area; and
 (c) the material is prohibited material.
Penalty: 100 penalty units.
Note: For the liability of a body corporate manager, or a State/Territory body corporate manager, see section 104.

Supplying 5 or more items
 (2) A person commits an offence if:
 (a) the person:
 (i) supplies material to a third person; or
 (ii) prepares material intending to supply any of it, or believing that another person intends to supply any of it, to a third person; or
 (iii) transports material intending to supply any of it, or believing that another person intends to supply any of it, to a third person; or
 (iv) guards or conceals material intending to supply any of it, or intending to assist another person to supply any of it, to a third person; or
 (v) possesses material intending to supply any of it to a third person; and
 (b) the third person is in a prohibited material area; and
 (c) the material is prohibited material; and
 (d) the material consists of 5 or more items of prohibited material.
Penalty: 200 penalty units or imprisonment for 2 years, or both.
Note: For the liability of a body corporate manager, or a State/Territory body corporate manager, see section 104.
 (3) For the purposes of proving an offence against subsection (2), a person who engages in conduct specified in subparagraph (2)(a)(ii), (iii), (iv) or (v) in a prohibited material area, is taken to have done so:
 (a) intending to supply the material; or
 (b) believing that another person intends to supply the material; or
 (c) intending to assist another person to supply the material;
as the subparagraph requires, to a person in a prohibited material area.
 (4) Subsection (3) does not apply in relation to a subparagraph mentioned in that subsection if the person proves that he or she did not have the intention or belief required by that subparagraph.
Note: A defendant bears a legal burden