Section 309.7 Criminal Code Act | Procuring Children for Trafficking Marketable Quantity of Drugs


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The Legislation

Section 309.7 of the Criminal Code Act 1995 (Cth) is Procuring Children for Trafficking Marketable Quantity of Drugs and is extracted below.

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309.7 Procuring children for trafficking marketable quantities of controlled drugs
(1) A person commits an offence if:
(a) the person procures an individual to traffic in a quantity of a substance; and
(b) the individual is a child; and
(c) the substance is a controlled drug; and
(d) the quantity is a marketable quantity.
Penalty: Imprisonment for life or 7,500 penalty units, or both.
(2) Strict liability applies to paragraph (1)(b).
(3) The fault element for paragraph (1)(c) is recklessness.
(4) Absolute liability applies to paragraph (1)(d).
Note: Section 313.4 provides a partial defence in relation to the matter in paragraph (1)(d).
The Definition of ‘Procures an Individual to Traffic’ is as follows:
(1) For the purposes of this Part, a person procures an individual to traffic in a substance if:
(a) the person procures the individual to sell the substance; or
(b) the person, with the intention of selling any of the substance or believing that another person intends to sell any of the substance, procures the individual to prepare the substance for supply or to transport the substance; or
(c) the person, with the intention of selling any of the substance or assisting another person to sell any of the substance, procures the individual to guard or conceal the substance.
(2) For the purposes of paragraph (1)(b), preparing a substance for supply includes packaging the substance or separating the substance into discrete units.