Section 309.8 Criminal Code Act | Procuring Children for Trafficking Drugs


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The Legislation

Section 309.8 of the Criminal Code Act 1995 (Cth) is Procuring Children for Trafficking Drugs and is extracted below.

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309.8 Procuring children for trafficking controlled drugs
(1) A person commits an offence if:
(a) the person procures an individual to traffic in a substance; and
(b) the individual is a child; and
(c) the substance is a controlled drug.
Penalty: Imprisonment for 25 years or 5,000 penalty units, or both.
(2) Strict liability applies to paragraph (1)(b).
(3) The fault element for paragraph (1)(c) is recklessness.
The Definition of ‘Procure and Individual to Pre Traffic’ is as follows:
For the purposes of this Part, a person procures an individual to pre traffic in a substance if the person procures the individual to sell the substance believing that the person to whom the substance is sold intends to use any of the substance to manufacture a controlled drug.