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Section 303.4 Criminal Code Act 1995
Cultivating Commercial Quantity of Controlled Plants

Section 303.4 of the Criminal Code Act 1995 (Cth) is Cultivating Commercial Quantity of Controlled Plants and is extracted below.

If you require Expert Legal Advice from an Experienced Criminal Defence Lawyer for your Cultivating Commercial Quantity of Controlled Plants matter, call Sydney Criminal Lawyers® today on (02) 9261 8881.

The Legislation

303.4  Cultivating commercial quantities of controlled plants

(1)    A person commits an offence if:

(a)    the person cultivates a plant for a commercial purpose; and

(b)    the plant is a controlled plant; and

(c)    the quantity cultivated is a commercial quantity.

Penalty:    Imprisonment for life or 7,500 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).

Relevant Definitions are as follows:

303.1  Meanings of cultivate and cultivates a plant

(1)    For the purposes of this Part, cultivate includes the following:

(a)    plant a seed, seedling or cutting;

(b)    transplant a plant;

(c)    nurture, tend or grow a plant;

(d)    guard or conceal a plant (including against interference or discovery by humans or natural predators);

(e)    harvest a plant, pick any part of a plant or separate any resin or other substance from a plant.

(2)    For the purposes of this Part, a person cultivates a plant if the person:

(a)    engages in its cultivation; or

(b)    exercises control or direction over its cultivation; or

(c)    provides finance for its cultivation.

303.2  Meaning of product of a plant

For the purposes of this Part, the product of a plant includes the following:

(a)    a seed of the plant;

(b)    a part of the plant (whether alive or dead);

(c)    a substance separated from the plant.

303.3  Meaning of cultivates a plant for a commercial purpose

For the purposes of this Part, a person cultivates a plant for a commercial purpose if the person cultivates the plant:

(a)    with the intention of selling any of it or its products; or

(b)    believing that another person intends to sell any of it or its products

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(02) 9261 8881 and book your FREE first conference
with our criminal law specialists.

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