Commercial Pre-Trafficking of Controlled Precursors is an offence under Section 306.2 of the Criminal Code Act 1995 which carries a maximum penalty of 25 years in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
You ‘pre-trafficked’ a substance if you:
You are presumed to have pre-trafficked if:
That presumption if rebutted if you are able to establish, ‘on the balance of probabilities’, that you did not intend for or believe any of the substance would be used to manufacture a controlled drug.
You were ‘reckless’ as to whether a substance was a controlled precursor if you were aware it was likely that the substance was such but went ahead with your actions regardless.
Examples of a ‘commercial quantity’ of a controlled precursor are:
A defence to the charge is ‘duress’, which is where:
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