Section 309.3 Criminal Code Act | Supplying Marketable Quantity of Drugs to Children for Trafficking


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The Legislation

Section 309.3 of the Criminal Code Act 1995 (Cth) is Supplying Marketable Quantity of Drugs to Children for Trafficking and is extracted below.

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309.3 Supplying marketable quantities of controlled drugs to children for trafficking
(1) A person commits an offence if:
(a) the person supplies a substance to an individual; and
(b) the individual is a child; and
(c) the substance is a controlled drug; and
(d) the quantity supplied is a marketable quantity; and
(e) the person supplies the controlled drug believing that the child intends to sell any of it.
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).