103Supplying prohibited material in and to prohibited material areas

#### 103 Supplying prohibited material in and to prohibited material areas Supply generally (1) A person commits an offence if: (a) the person: (i) supplies material to a third person; or (ii) prepares material intending to supply any of it, or believing that another person intends to supply any of it, to a third person; or (iii) transports material intending to supply any of it, or believing that another person intends to supply any of it, to a third person; or (iv) guards or conceals material intending to supply any of it, or intending to assist another person to supply any of it, to a third person; or (v) possesses material intending to supply any of it to a third person; and (b) the third person is in a prohibited material area; and (c) the material is prohibited material. Penalty: 100 penalty units. > Note: For the liability of a body corporate manager, or a State/Territory body corporate manager, see section 104. Supplying 5 or more items (2) A person commits an offence if: (a) the person: (i) supplies material to a third person; or (ii) prepares material intending to supply any of it, or believing that another person intends to supply any of it, to a third person; or (iii) transports material intending to supply any of it, or believing that another person intends to supply any of it, to a third person; or (iv) guards or conceals material intending to supply any of it, or intending to assist another person to supply any of it, to a third person; or (v) possesses material intending to supply any of it to a third person; and (b) the third person is in a prohibited material area; and (c) the material is prohibited material; and (d) the material consists of 5 or more items of prohibited material. Penalty: 200 penalty units or imprisonment for 2 years, or both. > Note: For the liability of a body corporate manager, or a State/Territory body corporate manager, see section 104. (3) For the purposes of proving an offence against subsection (2), a person who engages in conduct specified in subparagraph (2)(a)(ii), (iii), (iv) or (v) in a prohibited material area, is taken to have done so: (a) intending to supply the material; or (b) believing that another person intends to supply the material; or (c) intending to assist another person to supply the material; as the subparagraph requires, to a person in a prohibited material area. (4) Subsection (3) does not apply in relation to a subparagraph mentioned in that subsection if the person proves that he or she did not have the intention or belief required by that subparagraph. > Note: A defendant bears a legal burden in relation to the matters in subsection (4)—see section 13.4 of the Criminal Code.