Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 9 - DANGERS TO THE COMMUNITY  

Part 9.1 - Serious drug offences  

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Division 306 - Pre-trafficking controlled precursors  

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SECTION 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).
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