Document ID: chunk:federal_register_of_legislation:C2025C00060:section:2:p17
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 2 (pt 17/169)
Character Range: 1230845–1233560

A person commits an offence if:
 (a) the person supplies a substance to an individual; and
 (b) the individual is a child; and
 (c) the substance is a controlled drug; and
 (d) the quantity supplied is a marketable quantity; and
 (e) the person supplies the controlled drug believing that the child intends to sell any of it.
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).

309.4  Supplying controlled drugs to children for trafficking
 (1) A person commits an offence if:
 (a) the person supplies a substance to an individual; and
 (b) the individual is a child; and
 (c) the substance is a controlled drug; and
 (d) the person supplies the controlled drug believing that the child intends to sell any of it.
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.

309.5  Presumption where trafficable quantities are involved
 (1) For the purposes of proving an offence against section 309.3 or 309.4, if a person has supplied a trafficable quantity of a substance to a child, the person is taken to have done so believing that the child intended to sell some or all of it.
 (2) Subsection (1) does not apply if the person proves that he or she did not have that belief.
Note: A defendant bears a legal burden in relation to the matter in subsection (2) (see section 13.4).

309.6  Meaning of procures an individual to traffic
 (1) For the purposes of this Part, a person procures an individual to traffic in a substance if:
 (a) the person procures the individual to sell the substance; or
 (b) the person, with the intention of selling any of the substance or believing that another person intends to sell any of the substance, procures the individual to prepare the substance for supply or to transport the substance; or
 (c) the person, with the intention of selling any of the substance or assisting another person to sell any of the substance, procures the individual to guard or conceal the substance.
 (2) For the purposes of paragraph (1)(b), preparing a substance for supply includes packaging the substance or separating the substance into discrete units.

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)