Section 306.3 Criminal Code Act | Pre Trafficking Marketable Quantity of Precursors


Section 306.3 of the Criminal Code Act 1995 (Cth) is Pre Trafficking Marketable Quantity of Precursors and is extracted below.

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The Legislation

306.3 Pre trafficking marketable quantities of controlled precursors
(1) A person commits an offence if:
(a) the person pre traffics in a substance; and
(b) the substance is a controlled precursor; and
(c) the quantity pre trafficked is a marketable quantity.
(a) in the case of an aggravated offence—imprisonment for 17 years or 3,400 penalty units, or both; or
(b) in any other case—imprisonment for 15 years or 3,000 penalty units, or both.
Note: The additional elements for an aggravated offence against this section are set out in subsection 310.4(3).
(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).