Section 305.3 Criminal Code Act | Manufacturing Commercial Quantity of Drugs


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The Legislation

Section 305.3 of the Criminal Code Act 1995 (Cth) is Manufacturing Commercial Quantity of Drugs and is extracted below.

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305.3 Manufacturing commercial quantities of controlled drugs
(1) A person commits an offence if:
(a) the person manufactures a substance for a commercial purpose; and
(b) the substance is a controlled drug; and
(c) the quantity manufactured 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:
305.1 Meanings of manufacture and manufactures a substance
(1) For the purposes of this Part, manufacture means any process by which a substance is produced (other than the cultivation of a plant), and includes the following:
(a) the process of extracting or refining a substance;
(b) the process of transforming a substance into a different substance.
(2) For the purposes of this Part, a person manufactures a substance if the person:
(a) engages in its manufacture; or
(b) exercises control or direction over its manufacture; or
(c) provides finance for its manufacture.
305.2 Meaning of manufactures a substance for a commercial purpose
For the purposes of this Part, a person manufactures a substance for a commercial purpose if the person manufactures the substance:
(a) with the intention of selling any of it; or
(b) believing that another person intends to sell any of it.