Document ID: chunk:federal_register_of_legislation:C2018A00082:clause:1_6:p28
Version: federal_register_of_legislation:C2018A00082
Segment Type: clause
Provision Reference: sch 1 cl 6 (pt 28/30)
Character Range: 73200–76034

take the tobacco into warehousing under subsection 71DJ(4) of the Customs Act 1901.
Note: A defendant bears an evidential burden in relation to the matter in subsection (7) (see subsection 13.3(3) of the Criminal Code).

Subdivision 308‑C—Offences relating to equipment relating to the manufacture or production of tobacco

Guide to Subdivision 308‑C

308‑200  What this Subdivision is about
      This Subdivision sets out offences for the possession of equipment for use in illegal manufacture or production of tobacco, or of equipment designed or adapted to manufacture or produce tobacco.

Table of sections
308‑205 Possession of equipment for use in illegal manufacture or production of tobacco
308‑210 Possession of equipment designed or adapted to manufacture or produce tobacco

308‑205  Possession of equipment for use in illegal manufacture or production of tobacco
 (1) A person (the first person) commits an offence if:
 (a) the first person possesses equipment at a time; and
 (b) the place in which the first person possesses the equipment is in Australia but not in an external Territory; and
 (c) the first person is reckless as to whether a particular person (whether or not the first person) will, at a later time, use the equipment to manufacture or produce tobacco; and
 (d) the first person intends to possess the equipment at that later time; and
 (e) that manufacture or production by that particular person at that later time would constitute an offence against any of the following provisions:
 (i) section 308‑125, 308‑130 or 308‑135;
 (ii) section 25 or 28 of the Excise Act 1901.
Penalty: Imprisonment for 12 months or 120 penalty units, or both.
 (2) Absolute liability applies to paragraph (1)(b).
 (3) Absolute liability applies to paragraph (1)(e).
 (4) Subsection (1) does not apply if the first person has no reasonable ground to consider that the manufacture or production by the particular person at the later time would constitute an offence against any of the provisions mentioned in paragraph (1)(e).
Note: A defendant bears an evidential burden in relation to the matter in subsection (4) (see subsection 13.3(3) of the Criminal Code).

308‑210  Possession of equipment designed or adapted to manufacture or produce tobacco
 (1) A person commits an offence if:
 (a) the person possesses equipment at a time; and
 (b) the place in which the person possesses the equipment is in Australia but not in an external Territory; and
 (c) a reasonable person, with a full knowledge and understanding of the functioning of the equipment, would conclude that the equipment is designed or adapted specifically to manufacture or produce tobacco; and
 (d) on the assumption that, at the time mentioned in paragraph (a), the person used the equipment to manufacture or produce tobacco, the person would commit