Section 306.2 Criminal Code Act | Pre Trafficking Commercial Quantity of Precursors


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The Legislation

Section 306.2 of the Criminal Code Act 1995 (Cth) is Pre Trafficking Commercial Quantity of Precursors and is extracted below.

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306.2 Pre trafficking commercial 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 commercial quantity.
Penalty:
(a) in the case of an aggravated offence—imprisonment for 28 years or 5,600 penalty units, or both; or
(b) in any other case—imprisonment for 25 years or 5,000 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).
The Definition of ‘Pre-Traffics’ is as follows:
For the purposes of this Part, a person pre traffics in a substance if the person:
(a) sells the substance believing that the person to whom it is sold, or another person, intends to use any of the substance to manufacture a controlled drug; or
(b) manufactures the substance:
(i) with the intention of using any of it to manufacture a controlled drug; and
(ii) with the intention of selling any of the drug so manufactured, or believing that another person intends to sell any of the drug so manufactured; or
(c) manufactures the substance:
(i) with the intention of selling any of it to another person; and
(ii) believing that the other person intends to use any of the substance to manufacture a controlled drug; or
(d) possesses the substance:
(i) with the intention of using any of it to manufacture a controlled drug; and
(ii) with the intention of selling any of the drug so manufactured, or believing that another person intends to sell any of the drug so manufactured.