Section 303.4 Criminal Code Act | Cultivating Commercial Quantity of Controlled Plants


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The Legislation

Section 303.4 of the Criminal Code Act 1995 (Cth) is Cultivating Commercial Quantity of Controlled Plants and is extracted below.

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303.4  Cultivating commercial 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 commercial quantity.

Penalty:    Imprisonment for life or 7,500 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).

Relevant Definitions are as follows:

303.1  Meanings of cultivate and cultivates a plant

(1)    For the purposes of this Part, cultivate includes the following:

(a)    plant a seed, seedling or cutting;

(b)    transplant a plant;

(c)    nurture, tend or grow a plant;

(d)    guard or conceal a plant (including against interference or discovery by humans or natural predators);

(e)    harvest a plant, pick any part of a plant or separate any resin or other substance from a plant.

(2)    For the purposes of this Part, a person cultivates a plant if the person:

(a)    engages in its cultivation; or

(b)    exercises control or direction over its cultivation; or

(c)    provides finance for its cultivation.

303.2  Meaning of product of a plant

For the purposes of this Part, the product of a plant includes the following:

(a)    a seed of the plant;

(b)    a part of the plant (whether alive or dead);

(c)    a substance separated from the plant.

303.3  Meaning of cultivates a plant for a commercial purpose

For the purposes of this Part, a person cultivates a plant for a commercial purpose if the person cultivates the plant:

(a)    with the intention of selling any of it or its products; or

(b)    believing that another person intends to sell any of it or its products