Document ID: chunk:federal_register_of_legislation:C2005A00129:clause:1_1:p22
Version: federal_register_of_legislation:C2005A00129
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 22/42)
Character Range: 60414–63229

defendant bears a legal burden in relation to the matter in subsection (4) (see section 13.4).

308.3  Possessing plant material, equipment or instructions for commercial cultivation of controlled plants

  A person commits an offence if:
 (a) the person possesses a plant, a product of a plant, any equipment or any document containing instructions for growing a plant; and
 (b) the person intends to use the plant, product, equipment or document to cultivate a controlled plant; and
 (c) the person intends to sell, or believes that another person intends to sell, any of the plant so cultivated or any of its products.

Penalty: Imprisonment for 7 years or 1,400 penalty units, or both.

308.4  Possessing substance, equipment or instructions for commercial manufacture of controlled drugs

 (1) A person commits an offence if:
 (a) the person possesses any substance (other than a controlled precursor), any equipment or any document containing instructions for manufacturing a controlled drug; and
 (b) the person intends to use the substance, equipment or document to manufacture a controlled drug; and
 (c) the person intends to sell, or believes that another person intends to sell, any of the drug so manufactured.

Penalty: Imprisonment for 7 years or 1,400 penalty units, or both.

 (2) For the purposes of proving an offence against subsection (1), if:
 (a) a person possessed a tablet press; and
 (b) a law of the Commonwealth or of a State or Territory required the possession to be authorised (however described); and
 (c) the possession was not so authorised;
the person is taken to have possessed the tablet press with the intention of using it to manufacture a controlled drug.

 (3) Subsection (2) does not apply if the person proves that he or she did not have that intention.

Note: A defendant bears a legal burden in relation to the matter in subsection (3) (see section 13.4).

Division 309—Drug offences involving children

309.1  Children not criminally responsible for offences against this Division

  A child is not criminally responsible for an offence against this Division.

Note: For the purposes of this Part, a child is an individual under 18 years of age (see section 300.2).

309.2  Supplying controlled drugs to children

 (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.

Penalty: Imprisonment for 15 years or 3,000 penalty units, or both.

 (2) Strict liability applies to paragraph (1)(b).

 (3) The fault element for paragraph (1)(c) is recklessness.

309.3  Supplying marketable quantities of 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