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Possessing Instructions for the Manufacture or Production of Prohibited Drugs

Possessing instructions for the manufacture or production of prohibited drugs is an offence under section 11C of the Drug Misuse and Trafficking Act 1985, which carries a maximum penalty of 2 years in prison.

To establish the offence, the prosecution must prove beyond reasonable doubt that:

  1. You were in possession of a document, and
  2. The document contained instructions for the manufacture or production of a prohibited drug.

A ‘document’ is any record of information and includes, but is not limited to:

  1. Anything on which there is writing
  2. Anything on which there are marks, figures, symbols or perforations having a meaning for persons qualified to interpret them
  3. Anything from which sounds, images or writings can be reproduced with or without the aid of anything else, or
  4. A map, plan, drawing or photograph.

You are not guilty of the offence if you are able to establish ‘on the balance of probabilities’

  1. That you were licensed or authorised under the Poisons and Therapeutic Goods Act 1966 to manufacture or produce the prohibited drug to which the document relates
  2. That you are acting under authority from the Director General of the Department of Health where the document is for scientific research, instruction, analysis or study
  3. That you possessed the document for purposes that were lawful, or
  4. That you otherwise had a reasonable excuse for possessing the document.

Duress is a defence to the charge.

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