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Possessing a Precursor to Manufacture or Produce a Prohibited Drug is an offence under section 24A(1)(a) of the Drug Misuse and Trafficking Act 1985, which carries a maximum penalty of 10 years in prison if the case is finalised in a higher court such as the District Court, or 2 years if the case remains in the Local Court.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
Schedules 1 and 2 of the Drug Misuse and Trafficking Regulation 2011 contain lists of prescribed precursors, which include:
You are not guilty if you were licensed or authorised to manufacture or produce the intended prohibited drug under the Poisons and Therapeutic Goods Act 1966, or were acting under a poppy licence issued through the Poppy Industry Act 2016, or were acting under authority granted by the Director General of the Ministry of Health.
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