Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 9 - DANGERS TO THE COMMUNITY  

Part 9.1 - Serious drug offences  

Division 303 - Commercial cultivation of controlled plants  

SECTION 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).