Document ID: chunk:federal_register_of_legislation:C2005A00129:clause:1_1:p10
Version: federal_register_of_legislation:C2005A00129
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 10/42)
Character Range: 29725–32518

a plant

  For the purposes of this Part, the product of a plant includes the following:
 (a) a seed of the plant;
 (b) a part of the plant (whether alive or dead);
 (c) a substance separated from the plant.

303.3  Meaning of cultivates a plant for a commercial purpose

  For the purposes of this Part, a person cultivates a plant for a commercial purpose if the person cultivates the plant:
 (a) with the intention of selling any of it or its products; or
 (b) believing that another person intends to sell any of it or its products.

303.4  Cultivating commercial quantities of controlled plants

 (1) A person commits an offence if:
 (a) the person cultivates a plant for a commercial purpose; and
 (b) the plant is a controlled plant; and
 (c) the quantity cultivated 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).

303.5  Cultivating marketable quantities of controlled plants

 (1) A person commits an offence if:
 (a) the person cultivates a plant for a commercial purpose; and
 (b) the plant is a controlled plant; and
 (c) the quantity cultivated is a marketable quantity.

Penalty: Imprisonment for 25 years or 5,000 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).

303.6  Cultivating controlled plants

 (1) A person commits an offence if:
 (a) the person cultivates a plant for a commercial purpose; and
 (b) the plant is a controlled plant.

Penalty: Imprisonment for 10 years or 2,000 penalty units, or both.

 (2) The fault element for paragraph (1)(b) is recklessness.

303.7  Presumption where trafficable quantities are involved

 (1) For the purposes of proving an offence against this Division, if a person has cultivated a trafficable quantity of a plant, the person is taken to have had the necessary intention or belief concerning the sale of the plant to have been cultivating the plant 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 304—Selling controlled plants

304.1  Selling commercial quantities of controlled plants

 (1) A person commits an offence if:
 (a) the person sells a plant; and
 (b) the plant is a controlled plant; and
 (c) the quantity sold is a commercial quantity.

Penalty: Imprisonment for