(ii) with the intention of selling any of the drug so manufactured, or believing that another person intends to sell any of the drug so manufactured.
306.2 Pre‑trafficking commercial quantities of controlled precursors
(1) A person commits an offence if:
(a) the person pre‑traffics in a substance; and
(b) the substance is a controlled precursor; and
(c) the quantity pre‑trafficked is a commercial 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(3).
(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).
306.3 Pre‑trafficking marketable quantities of controlled precursors
(1) A person commits an offence if:
(a) the person pre‑traffics in a substance; and
(b) the substance is a controlled precursor; and
(c) the quantity pre‑trafficked is a marketable quantity.
Penalty:
(a) in the case of an aggravated offence—imprisonment for 17 years or 3,400 penalty units, or both; or
(b) in any other case—imprisonment for 15 years or 3,000 penalty units, or both.
Note: The additional elements for an aggravated offence against this section are set out in subsection 310.4(3).
(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).
306.4 Pre‑trafficking controlled precursors
(1) A person commits an offence if:
(a) the person pre‑traffics in a substance; and
(b) the substance is a controlled precursor.
Penalty:
(a) in the case of an aggravated offence—imprisonment for 9 years or 1,800 penalty units, or both; or
(b) in any other case—imprisonment for 7 years or 1,400 penalty units, or both.
Note: The additional elements for an aggravated offence against this section are set out in subsection 310.4(3).
(2) The fault element for paragraph (1)(b) is recklessness.
306.5 Presumption for pre‑trafficking controlled precursors—sale
(1) For the purposes of proving an offence against subsection 306.4(1), if:
(a) a person has sold a substance; and
(b) a law of the Commonwealth or of a State or Territory required the sale to be authorised (however described); and
(c) the sale was not so authorised;
the person is taken to have sold the substance believing that the person to whom it was sold, or another person, intended to use some or all of the substance to manufacture a controlled drug.
(2) Subsection (1) does not apply if the person proves that he or she did not have that belief.
Note: A defendant bears a legal burden in relation to the matter in subsection (2) (see section 13.4).
306.6 Presumptions for pre‑trafficking controlled precursors—manufacture for drug manufacture
(1) For the purposes of proving an offence against subsection 306.4(1), if:
(a) a person has manufactured a substance; and
(b) a law of the Commonwealth or of a State or Territory required the manufacture to be authorised (however described); and
(c) the manufacture was not so authorised;
the person is taken to have manufactured the substance with the intention of using some or all of it to manufacture a controlled drug.
(2) Subsection (1) 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 (2) (see section 13.4).
(3) For the purposes of proving an offence against subsection 306.4(1), if a person has manufactured a marketable quantity of a substance with the intention of using some or all of it to manufacture a controlled drug, the person is taken to have done so with the intention of selling some or all of the drug so manufactured, or believing that another person intended to sell some or all of the drug so manufactured.
(4) Subsection (3) 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 (4) (see section 13.4).
306.7 Presumptions for pre‑trafficking controlled precursors—manufacture for sale
(1) For the purposes of proving an offence against subsection 306.4(1), if a person has manufactured a marketable quantity of a substance, the person is taken to have done so with the intention of selling some or all of it to another person.
(2) Subsection (1) 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 (2) (see section 13.4).
(3) For the purposes of proving an offence against subsection 306.4(1), if:
(a) a person has manufactured a substance with the intention of selling some or all of it to another person; and
(b) a law of the Commonwealth or of a State or Territory required the manufacture to be authorised (however described); and
(c) the manufacture was not so authorised;
the person is taken to have manufactured the substance believing that the other person intended to use some or all of the substance to manufacture a controlled drug.
(4) Subsection (3) does not apply if the person proves that he or she did not have that belief.
Note: A defendant bears a legal burden in relation to the matter in subsection (4) (see section 13.4).
306.8 Presumptions for pre‑trafficking controlled precursors—possession
(1) For the purposes of proving an offence against subsection 306.4(1), if:
(a) a person possessed a substance; 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 substance with the intention of using some or all of it to manufacture a controlled drug.
(2) Subsection (1) 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 (2) (see section 13.4).
(3) For the purposes of proving an offence against subsection 306.4(1), if a person possessed a marketable quantity of a substance with the intention of using some or all of it to manufacture a controlled drug, the person is taken to have done so with the intention of selling some or all of the drug so manufactured, or believing that another person intended to sell some or all of the drug so manufactured.
(4) Subsection (3) 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 (4) (see section 13.4).
Division 307—Import‑export offences
Subdivision A—Importing and exporting border controlled drugs or border controlled plants
307.1 Importing and exporting commercial quantities of border controlled drugs or border controlled plants
(1) A person commits an offence if:
(a) the person imports or exports a substance; and
(b) the substance is a border controlled drug or border controlled plant; and
(c) the quantity imported or exported 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).
307.2 Importing and exporting marketable quantities of border controlled drugs or border controlled plants
(1) A person commits an offence if:
(a) the person imports or exports a substance; and
(b) the substance is a border controlled drug or border controlled plant; and
(c) the quantity imported or exported 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).
(4) Subsection (1) does not apply if the person proves that he or she neither intended, nor believed that another person intended, to sell any of the border controlled drug or any of the border controlled plant or its products.
Note: A defendant bears a legal burden in relation to the matters in subsection (4) (see section 13.4).
307.3 Importing and exporting border controlled drugs or border controlled plants
(1) A person commits an offence if:
(a) the person imports or exports a substance; and
(b) the substance is a border controlled drug or border controlled plant.
Penalty: Imprisonment for 10 years or 2,000 penalty units, or both.
(2) The fault element for paragraph (1)(b) is recklessness.
(3) Subsection (1) does not apply if the person proves that he or she neither intended, nor believed that another person intended, to sell any of the border controlled drug or any of the border controlled plant or its products.
Note: A defendant bears a legal burden in relation to the matters in subsection (3) (see section 13.4).
307.4 Importing and exporting border controlled drugs or border controlled plants—no defence relating to lack of commercial intent
(1) A person commits an offence if:
(a) the person imports or exports a substance; and
(b) the substance is a border controlled drug or border controlled plant, other than a determined border controlled drug or a determined border controlled plant.
Penalty: Imprisonment for 2 years, or 400 penalty units, or both.
(2) The fault element for paragraph (1)(b) is recklessness.
307.5 Possessing commercial quantities of unlawfully imported border controlled drugs or border controlled plants
(1) A person commits an offence if:
(a) the person possesses a substance; and
(b) the substance was unlawfully imported; and
(c) the substance is a border controlled drug or border controlled plant; and
(d) the quantity possessed is a commercial quantity.
Penalty: Imprisonment for life or 7,500 penalty units, or both.
(2) Absolute liability applies to paragraphs (1)(b) and (d).
(3) The fault element for paragraph (1)(c) is recklessness.
(4) Subsection (1) does not apply if the person proves that he or she did not know that the border controlled drug or border controlled plant was unlawfully imported.
Note: A defendant bears a legal burden in relation to the matter in subsection (4) (see section 13.4).
307.6 Possessing marketable quantities of unlawfully imported border controlled drugs or border controlled plants
(1) A person commits an offence if:
(a) the person possesses a substance; and
(b) the substance was unlawfully imported; and
(c) the substance is a border controlled drug or border controlled plant; and
(d) the quantity possessed is a marketable quantity.
Penalty: Imprisonment for 25 years or 5,000 penalty units, or both.
(2) Absolute liability applies to paragraphs (1)(b) and (d).
(3) The fault element for paragraph (1)(c) is recklessness.
(4) Subsection (1) does not apply if the person proves that he or she neither intended, nor believed that another person intended, to sell any of the border controlled drug or any of the border controlled plant or its products.
(5) Subsection (1) does not apply if the person proves that he or she did not know that the border controlled drug or border controlled plant was unlawfully imported.
Note: A defendant bears a legal burden in relation to the matters in subsections (4) and (5) (see section 13.4).
(c) the substance is a border controlled drug or border controlled plant, other than a determined border controlled drug or a determined border controlled plant.
Penalty: Imprisonment for 2 years or 400 penalty units, or both.
(2) Absolute liability applies to paragraph (1)(b).
(3) The fault element for paragraph (1)(c) is recklessness.
(4) Subsection (1) does not apply if the person proves that he or she did not know that the border controlled drug or border controlled plant was unlawfully imported.
Note: A defendant bears a legal burden in relation to the matter in subsection (4) (see section 13.4).
Subdivision C—Possessing border controlled drugs or border controlled plants reasonably suspected of having been unlawfully imported
307.8 Possessing commercial quantities of border controlled drugs or border controlled plants reasonably suspected of having been unlawfully imported
(1) A person commits an offence if:
(a) the person possesses a substance; and
(b) the substance is reasonably suspected of having been unlawfully imported; and
(c) the substance is a border controlled drug or border controlled plant; and
(d) the quantity possessed is a commercial quantity.
Penalty: Imprisonment for life or 7,500 penalty units, or both.
(2) Absolute liability applies to paragraphs (1)(b) and (d).
(3) The fault element for paragraph (1)(c) is recklessness.
(4) Subsection (1) does not apply if the person proves that the border controlled drug or border controlled plant was not unlawfully imported.
Note: A defendant bears a legal burden in relation to the matter in subsection (4) (see section 13.4).
307.9 Possessing marketable quantities of border controlled drugs or border controlled plants reasonably suspected of having been unlawfully imported
(1) A person commits an offence if:
(a) the person possesses a substance; and
(b) the substance is reasonably suspected of having been unlawfully imported; and
(c) the substance is a border controlled drug or border controlled plant; and
(d) the quantity possessed is a marketable quantity.
Penalty: Imprisonment for 25 years or 5,000 penalty units, or both.
(2) Absolute liability applies to paragraphs (1)(b) and (d).
(3) The fault element for paragraph (1)(c) is recklessness.
(4) Subsection (1) does not apply if the person proves that he or she neither intended, nor believed that another person intended, to sell any of the border controlled drug or any of the border controlled plant or its products.
(5) Subsection (1) does not apply if the person proves that the border controlled drug or border controlled plant was not unlawfully imported.
Note: A defendant bears a legal burden in relation to the matters in subsections (4) and (5) (see section 13.4).
307.10 Possessing border controlled drugs or border controlled plants reasonably suspected of having been unlawfully imported
(1) A person commits an offence if:
(a) the person possesses a substance; and
(b) the substance is reasonably suspected of having been unlawfully imported; and
(c) the substance is a border controlled drug or border controlled plant, other than a determined border controlled drug or a determined border controlled plant.
Penalty: Imprisonment for 2 years or 400 penalty units, or both.
(2) Absolute liability applies to paragraph (1)(b).
(3) The fault element for paragraph (1)(c) is recklessness.
(4) Subsection (1) does not apply if the person proves that the border controlled drug or border controlled plant was not unlawfully imported.
Note: A defendant bears a legal burden in relation to the matter in subsection (4) (see section 13.4).
Subdivision D—Importing and exporting border controlled precursors
307.11 Importing and exporting commercial quantities of border controlled precursors
(1) A person commits an offence if:
(a) the person imports or exports a substance; and
(c) the substance is a border controlled precursor; and
(d) the quantity imported or exported is a commercial quantity.
Penalty: Imprisonment for 25 years or 5,000 penalty units, or both.
(2) The fault element for paragraph (1)(c) is recklessness.
(3) Absolute liability applies to paragraph (1)(d).
307.12 Importing and exporting marketable quantities of border controlled precursors
(1) A person commits an offence if:
(a) the person imports or exports a substance; and
(c) the substance is a border controlled precursor; and
(d) the quantity imported or exported is a marketable quantity.
Penalty: Imprisonment for 15 years or 3,000 penalty units, or both.
(2) The fault element for paragraph (1)(c) is recklessness.
(3) Absolute liability applies to paragraph (1)(d).
307.13 Importing and exporting border controlled precursors
(1) A person commits an offence if:
(a) the person imports or exports a substance; and
(c) the substance is a border controlled precursor.
Penalty: Imprisonment for 7 years or 1,400 penalty units, or both.
(2) The fault element for paragraph (1)(c) is recklessness.
Division 308—Possession offences
308.1 Possessing controlled drugs
(1) A person commits an offence if:
(a) the person possesses a substance; and
(b) the substance is a controlled drug, other than a determined controlled drug.
Penalty: Imprisonment for 2 years or 400 penalty units, or both.
(2) The fault element for paragraph (1)(b) is recklessness.
(3) If:
(a) a person is charged with, or convicted of, an offence against subsection (1); and
(b) the offence is alleged to have been, or was, committed in a State or Territory;
the person may be tried, punished or otherwise dealt with as if the offence were an offence against the law of the State or Territory that involved the possession or use of a controlled drug (however described).
Note: Subsection (3) allows for drug users to be diverted from the criminal justice system to receive the same education, treatment and support that is available in relation to drug offences under State and Territory laws.
(4) However, a person punished under subsection (3) must not be: