Section 308.4 Criminal Code Act | Possessing Items for Commercial Manufacture of Drugs


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The Legislation

Section 308.4 of the Criminal Code Act 1995 (Cth) is Possessing Items for Commercial Manufacture of Drugs and is extracted below.

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308.4 Possessing substance, equipment or instructions for commercial manufacture of controlled drugs
(1) A person commits an offence if:
(a) the person possesses any substance (other than a controlled precursor), any equipment or any document containing instructions for manufacturing a controlled drug; and
(b) the person intends to use the substance, equipment or document to manufacture a controlled drug; and
(c) the person intends to sell, or believes that another person intends to sell, any of the drug so manufactured.
Penalty: Imprisonment for 7 years or 1,400 penalty units, or both.
(2) For the purposes of proving an offence against subsection (1), if:
(a) a person possessed a tablet press; and
(b) a law of the Commonwealth or of a State or Territory required the possession to be authorised (however described); and
(c) the possession was not so authorised;
the person is taken to have possessed the tablet press with the intention of using it to manufacture a controlled drug.
(3) Subsection (2) does not apply if the person proves that he or she did not have that intention.
Note: A defendant bears a legal burden in relation to the matter in subsection (3) (see section 13.4).