Section 310.3 Criminal Code Act | Harm from Exposure to Unlawful Manufacturing


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The Legislation

Section 310.3 of the Criminal Code Act 1995 (Cth) is Harm from Exposure to Unlawful Manufacturing and is extracted below.

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310.3 Harm from exposure to unlawful manufacturing

(1) A person commits an offence if:

(a) the person engages in conduct; and

(b) the conduct causes harm to an individual; and

(c) the individual is under 14 years of age; and

(d) the harm is caused because the individual is exposed to the manufacture of a controlled drug or a controlled precursor; and

(e) the manufacture is an offence against this Part, or would be an offence against this Part if the manufacture were for a commercial purpose (see section 305.2).

Penalty: Imprisonment for 9 years or 1,800 penalty units, or both.

Note:    A person can commit an offence against this section without being involved in the unlawful manufacture of controlled drugs or controlled precursors. The person need only cause harm to a child under 14 by exposing the child to such manufacture.

(2) Strict liability applies to paragraphs (1)(c) and (e).

(3) In a prosecution for an offence against subsection (1), it is not necessary to prove that a particular person committed the offence mentioned in paragraph (1)(e).

(4) If, in a prosecution for an offence against subsection (1), the conduct of the defendant for the purposes of paragraph (1)(a) is alleged to be an omission, the fault element for that omission is recklessness.