Document ID: chunk:federal_register_of_legislation:C2025C00060:section:2:p7
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 2 (pt 7/169)
Character Range: 1205271–1208144

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 person manufactures a substance for a commercial purpose; and
 (b) the substance is a controlled drug; and
 (c) the quantity manufactured is a marketable quantity.
Penalty:
 (a) in the case of an aggravated offence—imprisonment for 28 years or 5,600 penalty units, or both; or
 (b) in any other case—imprisonment for 25 years or 5,000 penalty units, or both.
Note: The additional elements for an aggravated offence against this section are set out in subsection 310.4(2).
 (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).

305.5  Manufacturing 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.
Penalty:
 (a) in the case of an aggravated offence—imprisonment for 12 years or 2,400 penalty units, or both; or
 (b) in any other case—imprisonment for 10 years or 2,000 penalty units, or both.
Note: The additional elements for an aggravated offence against this section are set out in subsection 310.4(2).
 (2) The fault element for paragraph (1)(b) is recklessness.

305.6  Presumption where trafficable quantities are involved
 (1) For the purposes of proving an offence against this Division, if a person has manufactured 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 manufacturing the substance for a commercial purpose.
 (2) Subsection (1) does not apply if the person proves that he or she had neither that intention nor belief.
Note: A defendant bears a legal burden in relation to the matters in subsection (2) (see section 13.4).

Division 306—Pre‑trafficking controlled precursors

306.1  Meaning of pre‑traffics
  For the purposes of this Part, a person pre‑traffics in a substance if the person:
 (a)