8BPossession of document containing instructions for

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.