Section 302.3 Criminal Code Act | Trafficking Marketable Quantity of Drugs


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The Legislation

Section 302.3 of the Criminal Code Act 1995 (Cth) is Trafficking Marketable Quantity of Drugs and is extracted below.

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302.3  Trafficking marketable quantities of controlled drugs

(1)    A person commits an offence if:

(a)    the person traffics in a substance; and

(b)    the substance is a controlled drug; and

(c)    the quantity trafficked is a marketable quantity.

Penalty:    Imprisonment for 25 years or 5,000 penalty units, or both.

(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).

‘Trafficking’ is defined as follows:

(1)    For the purposes of this Part, a person traffics in a substance if:

(a)    the person sells the substance; or

(b)    the person prepares the substance for supply with the intention of selling any of it or believing that another person intends to sell any of it; or

(c)    the person transports the substance with the intention of selling any of it or believing that another person intends to sell any of it; or

(d)    the person guards or conceals the substance with the intention of selling any of it or assisting another person to sell any of it; or

(e)    the person possesses the substance with the intention of selling any of it.

(2)    For the purposes of paragraph (1)(b), preparing a substance for supply includes packaging the substance or separating the substance into discrete units.