NTIn ForceAct
Misuse of Drugs Act 1990
8BPossession of document containing instructions for
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8B Possession of document containing instructions for
manufacture of dangerous drug or precursor
(a) the person intentionally possesses a document; and
Misuse of Drugs Act 1990 20
(b) the document sets out, or purports to set out, how to
manufacture a dangerous drug and the person is reckless in
(c) the person intentionally possesses equipment, or an
implement or other article; and
(d) the equipment, implement or other article has been, or may
be, used in the manufacture of a dangerous drug and the
person is reckless in relation to that circumstance.
(a) is authorised under this Act to possess the dangerous drug to
which the document relates; or
Territory, to manufacture the dangerous drug to which the
document relates; or
(c) had possession of the documents, or the equipment,
implement or other article, for a purpose other than assisting
in the manufacture of a dangerous drug.
(3) A person commits an offence if:
(a) the person intentionally possesses a document; and
(b) the document sets out, or purports to set out, how to
manufacture a precursor and the person is reckless in relation
to that circumstance; and
(c) the person intentionally possesses equipment, or an
implement or other article; and
(d) the equipment, implement or other article has been, or may
be, used in the manufacture of a dangerous drug or precursor
and the person is reckless in relation to that circumstance.
(4) It is a defence to a prosecution for an offence against
subsection (3) if the defendant:
(a) is authorised under this Act to manufacture the precursor to
which the document relates; or
Misuse of Drugs Act 1990 21
Territory, to possess the precursor to which the document
relates; or
(c) had possession of the documents, or the equipment,
implement or other article, for a purpose other than assisting
in the manufacture of a dangerous drug or precursor.
(5) The defendant has a legal burden of proof in relation to a matter
mentioned in subsection (2) or (4).
(6) In this section, a reference to a document in the possession of a
person includes a reference to:
(a) a document that is stored electronically in a computer, or other
electronic device, that is in the possession of the person; and
(b) a document that is stored electronically on a computer or other
electronic device that is not in the possession of the person if
the document is located on an electronic site:
(i) in accordance with the instructions of the person; or
(ii) the electronic address of which is stored on a computer
in the possession of the person or on a document in the
possession of the person.