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Section 305.3 Criminal Code Act 1995
Manufacturing Commercial Quantity of Drugs

Section 305.3 of the Criminal Code Act 1995 (Cth) is Manufacturing Commercial Quantity of Drugs and is extracted below.

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

The Legislation

305.3 Manufacturing commercial quantities of controlled drugs
(1) A person commits an offence if:
(a) the person manufactures a substance for a commercial purpose; and
(b) the substance is a controlled drug; and
(c) the quantity manufactured 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:
305.1 Meanings of manufacture and manufactures a substance
(1) For the purposes of this Part, manufacture means any process by which a substance is produced (other than the cultivation of a plant), and includes the following:
(a) the process of extracting or refining a substance;
(b) the process of transforming a substance into a different substance.
(2) For the purposes of this Part, a person manufactures a substance if the person:
(a) engages in its manufacture; or
(b) exercises control or direction over its manufacture; or
(c) provides finance for its manufacture.
305.2 Meaning of manufactures a substance for a commercial purpose
For the purposes of this Part, a person manufactures a substance for a commercial purpose if the person manufactures the substance:
(a) with the intention of selling any of it; or
(b) believing that another person intends to sell any of it.

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