Criminal Code Act 1995

Pt 9.1 inserted by No 129 of 2005, s 3 and Sch 1 item 1, effective 6 December 2005.

Div 307 inserted by No 129 of 2005, s 3 and Sch 1 item 1, effective 6 December 2005.

Subdiv D inserted by No 129 of 2005, s 3 and Sch 1 item 1, effective 6 December 2005.

S 307.12(1) amended by No 153 of 2015, s 3 and Sch 1 item 3, by repealing para (b), applicable in relation to offences constituted by conduct engaged in on or after 27 November 2015. Para (b) formerly read:

(b) either or both of the following apply:

(i) the person intends to use any of the substance to manufacture a controlled drug;

(ii) the person believes that another person intends to use any of the substance to manufacture a controlled drug; and

S 307.12(4) repealed by No 153 of 2015, s 3 and Sch 1 item 4, applicable in relation to offences constituted by conduct engaged in on or after 27 November 2015. S 307.12(4) formerly read:

(4)
Subsection (1) does not apply if:

(a) in relation to conduct covered by subparagraph (1)(b)(i) - the person proves that he or she neither intended, nor believed that another person intended, to sell any of the controlled drug so manufactured; or

(b) in relation to conduct covered by subparagraph (1)(b)(ii) - the person proves that, although he or she believed that the other person intended to use the substance to manufacture a controlled drug, he or she did not intend to sell any of the substance to the other person.

Note:

A defendant bears a legal burden in relation to the matters in subsection (4) (see section 13.4 ).

S 307.12 inserted by No 129 of 2005, s 3 and Sch 1 item 1, effective 6 December 2005.