Commonwealth: Law and Justice Legislation Amendment (Serious Drug Offences and Other Measures) Act 2005 (Cth)

Law and Justice Legislation Amendment (Serious Drug Offences and Other Measures) Act 2005 No. 129, 2005 An Act to amend various Acts relating to law and justice, and for related purposes Contents 1 Short title 2 Commencement 3 Schedule(s) Schedule 1—Serious drug offences Part 1—Serious drug offences Criminal Code Act 1995 Part 2—Consequential and transitional provisions Crimes Act 1914 Customs Act 1901 Proceeds of Crime Act 2002 Surveillance Devices Act 2004 Telecommunications (Interception) Act 1979 Schedule 2—Involvement of children in armed conflict Criminal Code Act 1995 Schedule 3—Proceeds of crime orders Proceeds of Crime Act 2002 Schedule 4—Australian Federal Police Act 1979 Australian Federal Police Act 1979 Schedule 5—Mutual Assistance in Business Regulation Act 1992 Mutual Assistance in Business Regulation Act 1992 Schedule 6—Reports of Financial Transactions Financial Transaction Reports Act 1988 Schedule 7—Defence (Transitional Provisions) Act 1950 Defence (Transitional Provisions) Act 1950 Schedule 8—Customs Act detention Customs Act 1901 Schedule 9—Freedom of Information Act 1982 Part 1—Exemption of certain AUSTRAC documents Freedom of Information Act 1982 Part 2—Technical corrections Freedom of Information Act 1982 Law and Justice Legislation Amendment (Serious Drug Offences and Other Measures) Act 2005 No. 129, 2005 An Act to amend various Acts relating to law and justice, and for related purposes [Assented to 8 November 2005] The Parliament of Australia enacts: 1 Short title This Act may be cited as the Law and Justice Legislation Amendment (Serious Drug Offences and Other Measures) Act 2005. 2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provision(s) Commencement Date/Details 1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table The day on which this Act receives the Royal Assent. 8 November 2005 2. Schedule 1 The 28th day after the day on which this Act receives the Royal Assent. 6 December 2005 3. Schedule 2 The later of: 26 October 2006 (a) the 28th day after the day on which this Act receives the Royal Assent; and (paragraph (b) applies) (b) the day on which the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict, done at New York on 25 May 2000, enters into force for Australia. However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur. The Minister for Foreign Affairs must announce by notice in the Gazette the day on which the Optional Protocol enters into force for Australia. 4. Schedules 3 to 8 The day on which this Act receives the Royal Assent. 8 November 2005 5. Schedule 9, Part 1 The day on which this Act receives the Royal Assent. 8 November 2005 6. Schedule 9, Part 2 The day after this Act receives the Royal Assent. 9 November 2005 Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent. (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act. 3 Schedule(s) Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms. Schedule 1—Serious drug offences Part 1—Serious drug offences Criminal Code Act 1995 1 Before Part 9.4 of Chapter 9 of the Criminal Code Insert: Part 9.1—Serious drug offences Division 300—Preliminary 300.1 Purpose (1) The purpose of this Part is to create offences relating to drug trafficking and to give effect to the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, done at Vienna on 20 December 1988. Note: The text of the Convention is set out in Australian Treaty Series 1993 No. 4. In 2005 this was available in the Australian Treaties Library of the Department of Foreign Affairs and Trade, accessible on the Internet through that Department's world‑wide web site. (2) Subsection (1) does not limit the legislative powers of the Parliament in relation to this Part. 300.2 Definitions In this Part: aggravated offence has the meaning given by section 310.4. border controlled drug means a substance, other than a growing plant: (a) listed or described as a border controlled drug in section 314.4; or (b) prescribed by regulations under paragraph 301.3(1)(a); or (c) specified in a determination under paragraph 301.8(1)(a). border controlled plant means a growing plant: (a) listed or described as a border controlled plant in section 314.5; or (b) prescribed by regulations under paragraph 301.3(1)(b); or (c) specified in a determination under paragraph 301.8(1)(b). border controlled precursor means a substance (including a growing plant): (a) listed or described as a border controlled precursor in section 314.6; or (b) prescribed by regulations under subsection 301.4(1); or (c) specified in a determination under subsection 301.9(1). child means an individual who is under 18 years of age. commercial quantity, in relation to a controlled drug, controlled plant, controlled precursor, border controlled drug, border controlled plant or border controlled precursor means a quantity not less than the quantity specified as a commercial quantity of the drug, plant or precursor in: (a) Division 314; or (b) regulations under section 301.5; or (c) a determination under section 301.10. conceal a thing includes conceal or disguise: (a) the nature, source or location of the thing; or (b) any movement of the thing; or (c) the rights of any person with respect to the thing; or (d) the identity of any owner of the thing. controlled drug means a substance, other than a growing plant: (a) listed or described as a controlled drug in section 314.1; or (b) prescribed by regulations under paragraph 301.1(1)(a); or (c) specified in a determination under paragraph 301.6(1)(a). controlled plant means a growing plant: (a) listed or described as a controlled plant in section 314.2; or (b) prescribed by regulations under paragraph 301.1(1)(b); or (c) specified in a determination under paragraph 301.6(1)(b). controlled precursor means a substance (including a growing plant): (a) listed or described as a controlled precursor in section 314.3; or (b) prescribed by regulations under subsection 301.2(1); or (c) specified in a determination under subsection 301.7(1). cultivate has the meaning given by subsection 303.1(1). cultivates a plant has the meaning given by subsection 303.1(2). cultivates a plant for a commercial purpose has the meaning given by section 303.3. export includes take from Australia. import includes bring into Australia. manufacture has the meaning given by subsection 305.1(1). manufactures a substance has the meaning given by subsection 305.1(2). manufactures a substance for a commercial purpose has the meaning given by section 305.2. marketable quantity, in relation to a controlled drug, controlled plant, controlled precursor, border controlled drug, border controlled plant or border controlled precursor means a quantity not less than the quantity specified as a marketable quantity of the drug, plant or precursor in: (a) Division 314; or (b) regulations under section 301.5; or (c) a determination under section 301.10. possession of a thing includes the following: (a) receiving or obtaining possession of the thing; (b) having control over the disposition of the thing (whether or not the thing is in the custody of the person); (c) having joint possession of the thing. pre‑traffics has the meaning given by section 306.1. procures an individual to pre‑traffic has the meaning given by section 309.9. procures an individual to traffic has the meaning given by section 309.6. product of a plant has the meaning given by section 303.2. requisite fraction has the meaning given by subsection 312.2(3). sell includes the following: (a) barter or exchange; (b) agree to sell. supply includes the following: (a) supply, whether or not by way of sale; (b) agree to supply. taking, in relation to a substance or plant, means taking the substance or plant, or a product of the plant, into the body. trafficable quantity, in relation to a controlled drug or controlled plant, means a quantity not less than the quantity specified as a trafficable quantity of the drug or plant in: (a) Division 314; or (b) regulations under section 301.5; or (c) a determination under section 301.10. traffics has the meaning given by section 302.1. transport includes deliver. 300.3 Geographical jurisdiction Section 15.2 (extended geographical jurisdiction—category B) applies to each offence against this Part. 300.4 Concurrent operation intended (1) This Part is not intended to exclude or limit the concurrent operation of any law of a State or Territory. (2) Without limiting subsection (1), this Part is not intended to exclude or limit the concurrent operation of a law of a State or Territory that makes: (a) an act or omission that is an offence against a provision of this Part; or (b) a similar act or omission; an offence against the law of the State or Territory. (3) Subsection (2) applies even if the law of the State or Territory does any one or more of the following: (a) provides for a penalty for the offence that differs from the penalty provided for in this Part; (b) provides for a fault element in relation to the offence that differs from the fault elements applicable to the offence under this Part; (c) provides for a defence in relation to the offence that differs from the defences applicable to the offence under this Part. 300.5 Particular identity of drugs, plants and precursors If, in a prosecution for an offence against this Part, it is necessary for the prosecution to prove that a person knew, or was reckless as to whether, a substance or plant was a controlled drug, controlled plant, controlled precursor, border controlled drug, border controlled plant or border controlled precursor, it is not necessary for the prosecution to prove that the person knew, or was reckless as to, the particular identity of the controlled drug, controlled plant, controlled precursor, border controlled drug, border controlled plant or border controlled precursor. Division 301—Listing additional drugs, plants and precursors Subdivision A—Interim regulations 301.1 Interim regulations—controlled drugs and controlled plants (1) The regulations may prescribe: (a) a substance, other than a growing plant, as a controlled drug; or (b) a growing plant as a controlled plant; if the conditions set out in subsection (2) are met. (2) The conditions are as follows: (a) the Minister must be satisfied that taking the substance or plant concerned: (i) would create a substantial risk of death or serious harm; or (ii) would have a physical or mental effect substantially similar to that caused by taking a substance or plant already listed or described in section 314.1 or 314.2; (b) the Minister must be satisfied that there is a substantial risk that the substance or plant will be taken without appropriate medical supervision. (3) However, the regulations must not prescribe a particular substance or plant under this section for a period that exceeds, or for periods that in total exceed, 12 months. 301.2 Interim regulations—controlled precursors (1) The regulations may prescribe a substance (including a growing plant) as a controlled precursor if the condition set out in subsection (2) is met. (2) The condition is that the Minister must be satisfied that there is a substantial risk that the substance concerned will be used to unlawfully manufacture a controlled drug. (3) However, the regulations must not prescribe a particular substance under this section for a period that exceeds, or for periods that in total exceed, 12 months. 301.3 Interim regulations—border controlled drugs and border controlled plants (1) The regulations may prescribe: (a) a substance, other than a growing plant, as a border controlled drug; or (b) a growing plant as a border controlled plant; if the conditions set out in subsection (2) are met. (2) The conditions are as follows: (a) the Minister must be satisfied that taking the substance or plant concerned: (i) would create a substantial risk of death or serious harm; or (ii) would have a physical or mental effect substantially similar to that caused by taking a substance or plant already listed or described in section 314.4 or 314.5; (b) the Minister must be satisfied that there is a substantial risk that the substance or plant will be taken without appropriate medical supervision. (3) However, the regulations must not prescribe a particular substance or plant under this section for a period that exceeds, or for periods that in total exceed, 12 months. 301.4 Interim regulations—border controlled precursors (1) The regulations may prescribe a substance (including a growing plant) as a border controlled precursor if the condition set out in subsection (2) is met. (2) The condition is that the Minister must be satisfied that there is a substantial risk that the substance concerned will be used to unlawfully manufacture a controlled drug. (3) However, the regulations must not prescribe a particular substance under this section for a period that exceeds, or for periods that in total exceed, 12 months. 301.5 Interim regulations—commercial, marketable and trafficable quantities (1) The regulations may prescribe: (a) a quantity of a controlled drug or controlled plant as a commercial, marketable or trafficable quantity of the drug or plant; or (b) a quantity of a controlled precursor as a commercial or marketable quantity of the precursor. (2) However, the regulations must not prescribe: (a) a commercial quantity of a particular controlled drug, controlled plant or controlled precursor; or (b) a marketable quantity of a particular controlled drug, controlled plant or controlled precursor; or (c) a trafficable quantity of a particular controlled drug or controlled plant; for a period that exceeds, or for periods that in total exceed, 12 months. (3) If: (a) there is no commercial, marketable or trafficable quantity specified in section 314.1 for a substance listed or described as a controlled drug in that section; or (b) there is no commercial, marketable or trafficable quantity specified in section 314.2 for a substance listed or described as a controlled plant in that section; or (c) there is no commercial or marketable quantity specified in section 314.3 for a substance listed or described as a controlled precursor in that section; regulations under subsection (1) may prescribe such a quantity of the drug, plant or precursor. (4) The regulations may prescribe a quantity of a border controlled drug, border controlled plant or border controlled precursor as a commercial or marketable quantity of the drug, plant or precursor. (5) However, the regulations must not prescribe: (a) a commercial quantity of a particular border controlled drug, border controlled plant or border controlled precursor; or (b) a marketable quantity of a particular border controlled drug, border controlled plant or border controlled precursor; for a period that exceeds, or for periods that in total exceed, 12 months. (6) If: (a) there is no commercial or marketable quantity specified in section 314.4 for a substance listed or described as a border controlled drug in that section; or (b) there is no commercial or marketable quantity specified in section 314.5 for a substance listed or described as a border controlled plant in that section; or (c) there is no commercial or marketable quantity specified in section 314.6 for a substance listed or described as a border controlled precursor in that section; regulations under subsection (4) may prescribe such a quantity of the drug, plant or precursor. Subdivision B—Emergency determinations 301.6 Emergency determinations—controlled drugs and controlled plants (1) The Minister may, by legislative instrument, determine that: (a) a substance, other than a growing plant, is a controlled drug; or (b) a growing plant is a controlled plant. (2) The Minister must not make a determination under subsection (1) unless he or she is satisfied: (a) that taking the substance or plant concerned: (i) would create a substantial risk of death or serious harm; or (ii) would have a physical or mental effect substantially similar to that caused by taking a substance or plant already listed or described in section 314.1 or 314.2; and (b) that there is an imminent and substantial risk that the substance or plant will be: (i) taken without appropriate medical supervision; or (ii) imported and made available for taking without appropriate medical supervision. Note: Sections 301.11 and 301.12 set out general rules for emergency determinations. 301.7 Emergency determinations—controlled precursors (1) The Minister may, by legislative instrument, determine that a substance (including a growing plant) is a controlled precursor. (2) The Minister must not make a determination under subsection (1) unless he or she is satisfied that there is an imminent and substantial risk that the substance will be: (a) used to unlawfully manufacture a controlled drug; or (b) imported and made available to be used in unlawfully manufacturing a controlled drug. Note: Sections 301.11 and 301.12 set out general rules for emergency determinations. 301.8 Emergency determinations—border controlled drugs and border controlled plants (1) The Minister may, by legislative instrument, determine that: (a) a substance, other than a growing plant, is a border controlled drug; or (b) a growing plant is a border controlled plant. (2) The Minister must not make a determination under subsection (1) unless he or she is satisfied: (a) that taking the substance or plant concerned: (i) would create a substantial risk of death or serious harm; or (ii) would have a physical or mental effect substantially similar to that caused by taking a substance or plant already listed or described in section 314.4 or 314.5; and (b) that there is an imminent and substantial risk that the substance or plant will be: (i) taken without appropriate medical supervision; or (ii) imported and made available for taking without appropriate medical supervision. Note: Sections 301.11 and 301.12 set out general rules for emergency determinations. 301.9 Emergency determinations—border controlled precursors (1) The Minister may, by legislative instrument, determine that a substance (including a growing plant) is a border controlled precursor. (2) The Minister must not make a determination under subsection (1) unless he or she is satisfied that there is an imminent and substantial risk that the substance will be: (a) used to unlawfully manufacture a controlled drug; or (b) imported and made available to be used in unlawfully manufacturing a controlled drug. Note: Sections 301.11 and 301.12 set out general rules for emergency determinations. 301.10 Emergency determinations—commercial, marketable and trafficable quantities (1) The Minister may, by legislative instrument, determine that: (a) a quantity of a controlled drug or controlled plant is a commercial, marketable or trafficable quantity of the drug or plant; or (b) a quantity of a controlled precursor is a commercial or marketable quantity of the precursor. (2) If: (a) there is no commercial, marketable or trafficable quantity specified in section 314.1 for a substance listed or described as a controlled drug in that section; or (b) there is no commercial, marketable or trafficable quantity specified in section 314.2 for a substance listed or described as a controlled plant in that section; or (c) there is no commercial or marketable quantity specified in section 314.3 for a substance listed or described as a controlled precursor in that section; the Minister may, under subsection (1), determine such a quantity of the drug, plant or precursor. (3) The Minister may, by legislative instrument, determine that a quantity of a border controlled drug, border controlled plant or border controlled precursor is a commercial or marketable quantity of the drug, plant or precursor. (4) If: (a) there is no commercial or marketable quantity specified in section 314.4 for a substance listed or described as a border controlled drug in that section; or (b) there is no commercial or marketable quantity specified in section 314.5 for a substance listed or described as a border controlled plant in that section; or (c) there is no commercial or marketable quantity specified in section 314.6 for a substance listed or described as a border controlled precursor in that section; the Minister may, under subsection (3), determine such a quantity of the drug, plant or precursor. Note: Sections 301.11 and 301.12 set out general rules for emergency determinations. 301.11 General rules—period of effect, publication etc. (1) A determination under this Subdivision has effect: (a) from the time it is registered (within the meaning of the Legislative Instruments Act 2003); and (b) for the period of 28 days from that registration or such shorter period as is specified in the determination. (2) However, despite paragraph (1)(b), if: (a) the Minister has made a determination under this Subdivision; and (b) exceptional circumstances have prevented the making of regulations to the same effect; the Minister may, by legislative instrument, extend the period during which the determination is in force by no more than 28 days. (3) The Minister must not make more than one determination under sections 301.6 to 301.9 in relation to a particular substance or plant. (4) If the Minister makes a determination under this Subdivision, the Minister must, on or before the day on which the determination is registered: (a) make a public announcement of the determination; and (b) cause a copy of the announcement to be published: (i) on the Internet; and (ii) in a newspaper circulating in each State, the Australian Capital Territory and the Northern Territory. (5) An announcement made under subsection (4) is not a legislative instrument. 301.12 General rule—inconsistency with regulations Despite subsections 301.11(1) and (2), a determination made under this Subdivision has no effect to the extent that it is inconsistent with a regulation made under Subdivision A. Division 302—Trafficking controlled drugs 302.1 Meaning of traffics (1) For the purposes of this Part, a person traffics in a substance if: (a) the person sells the substance; or (b) the person prepares the substance for supply with the intention of selling any of it or believing that another person intends to sell any of it; or (c) the person transports the substance with the intention of selling any of it or believing that another person intends to sell any of it; or (d) the person guards or conceals the substance with the intention of selling any of it or assisting another person to sell any of it; or (e) the person possesses the substance with the intention of selling any of it. (2) For the purposes of paragraph (1)(b), preparing a substance for supply includes packaging the substance or separating the substance into discrete units. 302.2 Trafficking commercial quantities of controlled drugs (1) A person commits an offence if: (a) the person traffics in a substance; and (b) the substance is a controlled drug; and (c) the quantity trafficked 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). 302.3 Trafficking marketable quantities of controlled drugs (1) A person commits an offence if: (a) the person traffics in a substance; and (b) the substance is a controlled drug; and (c) the quantity trafficked is a marketable quantity. Penalty: Imprisonment for 25 years or 5,000 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). 302.4 Trafficking controlled drugs (1) A person commits an offence if: (a) the person traffics in a substance; and (b) the substance is a controlled drug. Penalty: Imprisonment for 10 years or 2,000 penalty units, or both. (2) The fault element for paragraph (1)(b) is recklessness. 302.5 Presumption where trafficable quantities are involved (1) For the purposes of proving an offence against this Division, if a person has: (a) prepared a trafficable quantity of a substance for supply; or (b) transported a trafficable quantity of a substance; or (c) guarded or concealed a trafficable quantity of a substance; or (d) possessed a trafficable quantity of a substance; the person is taken to have had the necessary intention or belief concerning the sale of the substance to have been trafficking in the substance. (2) Subsection (1) does not apply if the person proves that he or she had neither that intention nor belief. Note 1: A defendant bears a legal burden in relation to the matters in subsection (2) (see section 13.4). Note 2: This section does not apply where quantities are combined for the purposes of section 311.2 (see subsection 311.2(3)). 302.6 Purchase of controlled drugs is not an ancillary offence A person does not commit: (a) an offence against this Division because of the operation of section 11.2; or (b) an offence against section 11.4 or 11.5 that relates to an offence against this Division; merely because the person purchases, or intends to purchase, a controlled drug from another person. Note: A defendant bears an evidential burden in relation to the matters in this section (see subsection 13.3(3)). Division 303—Commercial cultivation of controlled plants 303.1 Meanings of cultivate and cultivates a plant (1) For the purposes of this Part, cultivate includes the following: (a) plant a seed, seedling or cutting; (b) transplant a plant; (c) nurture, tend or grow a plant; (d) guard or conceal a plant (including against interference or discovery by humans or natural predators); (e) harvest a plant, pick any part of a plant or separate any resin or other substance from a plant. (2) For the purposes of this Part, a person cultivates a plant if the person: (a) engages in its cultivation; or (b) exercises control or direction over its cultivation; or (c) provides finance for its cultivation. 303.2 Meaning of product of a plant For the purposes of this Part, the product of a plant includes the following: (a) a seed of the plant; (b) a part of the plant (whether alive or dead); (c) a substance separated from the plant. 303.3 Meaning of cultivates a plant for a commercial purpose For the purposes of this Part, a person cultivates a plant for a commercial purpose if the person cultivates the plant: (a) with the intention of selling any of it or its products; or (b) believing that another person intends to sell any of it or its products. 303.4 Cultivating commercial quantities of controlled plants (1) A person commits an offence if: (a) the person cultivates a plant for a commercial purpose; and (b) the plant is a controlled plant; and (c) the quantity cultivated 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). 303.5 Cultivating marketable quantities of controlled plants (1) A person commits an offence if: (a) the person cultivates a plant for a commercial purpose; and (b) the plant is a controlled plant; and (c) the quantity cultivated is a marketable quantity. Penalty: Imprisonment for 25 years or 5,000 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). 303.6 Cultivating controlled plants (1) A person commits an offence if: (a) the person cultivates a plant for a commercial purpose; and (b) the plant is a controlled plant. Penalty: Imprisonment for 10 years or 2,000 penalty units, or both. (2) The fault element for paragraph (1)(b) is recklessness. 303.7 Presumption where trafficable quantities are involved (1) For the purposes of proving an offence against this Division, if a person has cultivated a trafficable quantity of a plant, the person is taken to have had the necessary intention or belief concerning the sale of the plant to have been cultivating the plant for a commercial purpose. (2) Subsection (1) does not apply if the person proves that he or she had neither that intention nor belief. Note: A defendant bears a legal burden in relation to the matters in subsection (2) (see section 13.4). Division 304—Selling controlled plants 304.1 Selling commercial quantities of controlled plants (1) A person commits an offence if: (a) the person sells a plant; and (b) the plant is a controlled plant; and (c) the quantity sold 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). 304.2 Selling marketable quantities of controlled plants (1) A person commits an offence if: (a) the person sells a plant; and (b) the plant is a controlled plant; and (c) the quantity sold is a marketable quantity. Penalty: Imprisonment for 25 years or 5,000 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). 304.3 Selling controlled plants (1) A person commits an offence if: (a) the person sells a plant; and (b) the plant is a controlled plant. Penalty: Imprisonment for 10 years or 2,000 penalty units, or both. (2) The fault element for paragraph (1)(b) is recklessness. Division 305—Commercial manufacture of controlled drugs 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. 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). 305.4 Manufacturing marketable 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 marketable quantity. Penalty: (a) in the case of an aggravated offence—imprisonment for 28 years or 5,600 penalty units, or both; or (b) in any other case—imprisonment for 25 years or 5,000 penalty units, or both. Note: The additional elements for an aggravated offence against this section are set out in subsection 310.4(2). (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). 305.5 Manufacturing 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. Penalty: (a) in the case of an aggravated offence—imprisonment for 12 years or 2,400 penalty units, or both; or (b) in any other case—imprisonment for 10 years or 2,000 penalty units, or both. Note: The additional elements for an aggravated offence against this section are set out in subsection 310.4(2). (2) The fault element for paragraph (1)(b) is recklessness. 305.6 Presumption where trafficable quantities are involved (1) For the purposes of proving an offence against this Division, if a person has manufactured a trafficable quantity of a substance, the person is taken to have had the necessary intention or belief concerning the sale of the substance to have been manufacturing the substance for a commercial purpose. (2) Subsection (1) does not apply if the person proves that he or she had neither that intention nor belief. Note: A defendant bears a legal burden in relation to the matters in subsection (2) (see section 13.4). Division 306—Pre‑trafficking controlled precursors 306.1 Meaning of pre‑traffics For the purposes of this Part, a person pre‑traffics in a substance if the person: (a) sells the substance believing that the person to whom it is sold, or another person, intends to use any of the substance to manufacture a controlled drug; or (b) manufactures the substance: (i) with the intention of using any of it to manufacture a controlled drug; and (ii) with the intention of selling any of the drug so manufactured, or believing that another person intends to sell any of the drug so manufactured; or (c) manufactures the substance: (i) with the intention of selling any of it to another person; and (ii) believing that the other person intends to use any of the substance to manufacture a controlled drug; or (d) possesses the substance: (i) with the intention of using any of it to manufacture a controlled drug; and (ii) with the intention of selling any of the drug so manufactured, or believing that another person intends to sell any of the drug so manufactured. 306.2 Pre‑trafficking commercial 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 commercial quantity. Penalty: (a) in the case of an aggravated offence—imprisonment for 28 years or 5,600 penalty units, or both; or (b) in any other case—imprisonment for 25 years or 5,000 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). 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. Penalty: (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). 306.4 Pre‑trafficking 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. Penalty: (a) in the case of an aggravated offence—imprisonment for 9 years or 1,800 penalty units, or both; or (b) in any other case—imprisonment for 7 years or 1,400 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. 306.5 Presumption for pre‑trafficking controlled precursors—sale (1) For the purposes of proving an offence against subsection 306.4(1), if: (a) a person has sold a substance; and (b) a law of the Commonwealth or of a State or Territory required the sale to be authorised (however described); and (c) the sale was not so authorised; the person is taken to have sold the substance believing that the person to whom it was sold, or another person, intended to use some or all of the substance to manufacture a controlled drug. (2) Subsection (1) does not apply if the person proves that he or she did not have that belief. Note: A defendant bears a legal burden in relation to the matter in subsection (2) (see section 13.4). 306.6 Presumptions for pre‑trafficking controlled precursors—manufacture for drug manufacture (1) For the purposes of proving an offence against subsection 306.4(1), if: (a) a person has manufactured a substance; and (b) a law of the Commonwealth or of a State or Territory required the manufacture to be authorised (however described); and (c) the manufacture was not so authorised; the person is taken to have manufactured the substance with the intention of using some or all of it to manufacture a controlled drug. (2) Subsection (1) does not apply if the person proves that he or she did not have that intention. Note: A defendant bears a legal burden in relation to the matter in subsection (2) (see section 13.4). (3) For the purposes of proving an offence against subsection 306.4(1), if a person has manufactured a marketable quantity of a substance with the intention of using some or all of it to manufacture a controlled drug, the person is taken to have done so with the intention of selling some or all of the drug so manufactured, or believing that another person intended to sell some or all of the drug so manufactured. (4) Subsection (3) does not apply if the person proves that he or she had neither that intention nor belief. Note: A defendant bears a legal burden in relation to the matters in subsection (4) (see section 13.4). 306.7 Presumptions for pre‑trafficking controlled precursors—manufacture for sale (1) For the purposes of proving an offence against subsection 306.4(1), if a person has manufactured a marketable quantity of a substance, the person is taken to have done so with the intention of selling some or all of it to another person. (2) Subsection (1) does not apply if the person proves that he or she did not have that intention. Note: A defendant bears a legal burden in relation to the matter in subsection (2) (see section 13.4). (3) For the purposes of proving an offence against subsection 306.4(1), if: (a) a person has manufactured a substance with the intention of selling some or all of it to another person; and (b) a law of the Commonwealth or of a State or Territory required the manufacture to be authorised (however described); and (c) the manufacture was not so authorised; the person is taken to have manufactured the substance believing that the other person intended to use some or all of the substance to manufacture a controlled drug. (4) Subsection (3) does not apply if the person proves that he or she did not have that belief. Note: A defendant bears a legal burden in relation to the matter in subsection (4) (see section 13.4). 306.8 Presumptions for pre‑trafficking controlled precursors—possession (1) For the purposes of proving an offence against subsection 306.4(1), if: (a) a person possessed a substance; and (b) a law of the Commonwealth or of a State or Territory required the possession to be authorised (however described); and (c) the possession was not so authorised; the person is taken to have possessed the substance with the intention of using some or all of it to manufacture a controlled drug. (2) Subsection (1) does not apply if the person proves that he or she did not have that intention. Note: A defendant bears a legal burden in relation to the matter in subsection (2) (see section 13.4). (3) For the purposes of proving an offence against subsection 306.4(1), if a person possessed a marketable quantity of a substance with the intention of using some or all of it to manufacture a controlled drug, the person is taken to have done so with the intention of selling some or all of the drug so manufactured, or believing that another person intended to sell some or all of the drug so manufactured. (4) Subsection (3) does not apply if the person proves that he or she had neither that intention nor belief. Note: A defendant bears a legal burden in relation to the matters in subsection (4) (see section 13.4). Division 307—Import‑export offences Subdivision A—Importing and exporting border controlled drugs or border controlled plants 307.1 Importing and exporting commercial quantities of border controlled drugs or border controlled plants (1) A person commits an offence if: (a) the person imports or exports a substance; and (b) the substance is a border controlled drug or border controlled plant; and (c) the quantity imported or exported 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). 307.2 Importing and exporting marketable quantities of border controlled drugs or border controlled plants (1) A person commits an offence if: (a) the person imports or exports a substance; and (b) the substance is a border controlled drug or border controlled plant; and (c) the quantity imported or exported is a marketable quantity. Penalty: Imprisonment for 25 years or 5,000 penalty units, or both. (2) The fault element for paragraph (1)(b) is recklessness. (3) Absolute liability applies to paragraph (1)(c). (4) Subsection (1) does not apply if the person proves that he or she neither intended, nor believed that another person intended, to sell any of the border controlled drug or any of the border controlled plant or its products. Note: A defendant bears a legal burden in relation to the matters in subsection (4) (see section 13.4). 307.3 Importing and exporting border controlled drugs or border controlled plants (1) A person commits an offence if: (a) the person imports or exports a substance; and (b) the substance is a border controlled drug or border controlled plant. Penalty: Imprisonment for 10 years or 2,000 penalty units, or both. (2) The fault element for paragraph (1)(b) is recklessness. (3) Subsection (1) does not apply if the person proves that he or she neither intended, nor believed that another person intended, to sell any of the border controlled drug or any of the border controlled plant or its products. Note: A defendant bears a legal burden in relation to the matters in subsection (3) (see section 13.4). 307.4 Importing and exporting border controlled drugs or border controlled plants—no defence relating to lack of commercial intent (1) A person commits an offence if: (a) the person imports or exports a substance; and (b) the substance is a border controlled drug or border controlled plant. Penalty: Imprisonment for 2 years, or 400 penalty units, or both. (2) The fault element for paragraph (1)(b) is recklessness. Subdivision B—Possessing unlawfully imported border controlled drugs or border controlled plants 307.5 Possessing commercial quantities of unlawfully imported border controlled drugs or border controlled plants (1) A person commits an offence if: (a) the person possesses a substance; and (b) the substance was unlawfully imported; and (c) the substance is a border controlled drug or border controlled plant; and (d) the quantity possessed is a commercial quantity. Penalty: Imprisonment for life or 7,500 penalty units, or both. (2) Absolute liability applies to paragraphs (1)(b) and (d). (3) The fault element for paragraph (1)(c) is recklessness. (4) Subsection (1) does not apply if the person proves that he or she did not know that the border controlled drug or border controlled plant was unlawfully imported. Note: A defendant bears a legal burden in relation to the matter in subsection (4) (see section 13.4). 307.6 Possessing marketable quantities of unlawfully imported border controlled drugs or border controlled plants (1) A person commits an offence if: (a) the person possesses a substance; and (b) the substance was unlawfully imported; and (c) the substance is a border controlled drug or border controlled plant; and (d) the quantity possessed is a marketable quantity. Penalty: Imprisonment for 25 years or 5,000 penalty units, or both. (2) Absolute liability applies to paragraphs (1)(b) and (d). (3) The fault element for paragraph (1)(c) is recklessness. (4) Subsection (1) does not apply if the person proves that he or she neither intended, nor believed that another person intended, to sell any of the border controlled drug or any of the border controlled plant or its products. (5) Subsection (1) does not apply if the person proves that he or she did not know that the border controlled drug or border controlled plant was unlawfully imported. Note: A defendant bears a legal burden in relation to the matters in subsections (4) and (5) (see section 13.4). 307.7 Possessing unlawfully imported border controlled drugs or border controlled plants (1) A person commits an offence if: (a) the person possesses a substance; and (b) the substance was unlawfully imported; and (c) the substance is a border controlled drug or border controlled plant. Penalty: Imprisonment for 2 years or 400 penalty units, or both. (2) Absolute liability applies to paragraph (1)(b). (3) The fault element for paragraph (1)(c) is recklessness. (4) Subsection (1) does not apply if the person proves that he or she did not know that the border controlled drug or border controlled plant was unlawfully imported. Note: A defendant bears a legal burden in relation to the matter in subsection (4) (see section 13.4). Subdivision C—Possessing border controlled drugs or border controlled plants reasonably suspected of having been unlawfully imported 307.8 Possessing commercial quantities of border controlled drugs or border controlled plants reasonably suspected of having been unlawfully imported (1) A person commits an offence if: (a) the person possesses a substance; and (b) the substance is reasonably suspected of having been unlawfully imported; and (c) the substance is a border controlled drug or border controlled plant; and (d) the quantity possessed is a commercial quantity. Penalty: Imprisonment for life or 7,500 penalty units, or both. (2) Absolute liability applies to paragraphs (1)(b) and (d). (3) The fault element for paragraph (1)(c) is recklessness. (4) Subsection (1) does not apply if the person proves that the border controlled drug or border controlled plant was not unlawfully imported. Note: A defendant bears a legal burden in relation to the matter in subsection (4) (see section 13.4). 307.9 Possessing marketable quantities of border controlled drugs or border controlled plants reasonably suspected of having been unlawfully imported (1) A person commits an offence if: (a) the person possesses a substance; and (b) the substance is reasonably suspected of having been unlawfully imported; and (c) the substance is a border controlled drug or border controlled plant; and (d) the quantity possessed is a marketable quantity. Penalty: Imprisonment for 25 years or 5,000 penalty units, or both. (2) Absolute liability applies to paragraphs (1)(b) and (d). (3) The fault element for paragraph (1)(c) is recklessness. (4) Subsection (1) does not apply if the person proves that he or she neither intended, nor believed that another person intended, to sell any of the border controlled drug or any of the border controlled plant or its products. (5) Subsection (1) does not apply if the person proves that the border controlled drug or border controlled plant was not unlawfully imported. Note: A defendant bears a legal burden in relation to the matters in subsections (4) and (5) (see section 13.4). 307.10 Possessing border controlled drugs or border controlled plants reasonably suspected of having been unlawfully imported (1) A person commits an offence if: (a) the person possesses a substance; and (b) the substance is reasonably suspected of having been unlawfully imported; and (c) the substance is a border controlled drug or border controlled plant. Penalty: Imprisonment for 2 years or 400 penalty units, or both. (2) Absolute liability applies to paragraph (1)(b). (3) The fault element for paragraph (1)(c) is recklessness. (4) Subsection (1) does not apply if the person proves that the border controlled drug or border controlled plant was not unlawfully imported. Note: A defendant bears a legal burden in relation to the matter in subsection (4) (see section 13.4). Subdivision D—Importing and exporting border controlled precursors 307.11 Importing and exporting commercial quantities of border controlled precursors (1) A person commits an offence if: (a) the person imports or exports a substance; and (b) either or both of the following apply: (i) the person intends to use any of the substance to manufacture a controlled drug; (ii) the person believes that another person intends to use any of the substance to manufacture a controlled drug; and (c) the substance is a border controlled precursor; and (d) the quantity imported or exported is a commercial quantity. Penalty: Imprisonment for 25 years or 5,000 penalty units, or both. (2) The fault element for paragraph (1)(c) is recklessness. (3) Absolute liability applies to paragraph (1)(d). 307.12 Importing and exporting marketable quantities of border controlled precursors (1) A person commits an offence if: (a) the person imports or exports a substance; and (b) either or both of the following apply: (i) the person intends to use any of the substance to manufacture a controlled drug; (ii) the person believes that another person intends to use any of the substance to manufacture a controlled drug; and (c) the substance is a border controlled precursor; and (d) the quantity imported or exported is a marketable quantity. Penalty: Imprisonment for 15 years or 3,000 penalty units, or both. (2) The fault element for paragraph (1)(c) is recklessness. (3) Absolute liability applies to paragraph (1)(d). (4) Subsection (1) does not apply if: (a) in relation to conduct covered by subparagraph (1)(b)(i)—the person proves that he or she neither intended, nor believed that another person intended, to sell any of the controlled drug so manufactured; or (b) in relation to conduct covered by subparagraph (1)(b)(ii)—the person proves that, although he or she believed that the other person intended to use the substance to manufacture a controlled drug, he or she did not intend to sell any of the substance to the other person. Note: A defendant bears a legal burden in relation to the matters in subsection (4) (see section 13.4). 307.13 Importing and exporting border controlled precursors (1) A person commits an offence if: (a) the person imports or exports a substance; and (b) either or both of the following apply: (i) the person intends to use any of the substance to manufacture a controlled drug; (ii) the person believes that another person intends to use any of the substance to manufacture a controlled drug; and (c) the substance is a border controlled precursor. Penalty: Imprisonment for 7 years or 1,400 penalty units, or both. (2) The fault element for paragraph (1)(c) is recklessness. (3) Subsection (1) does not apply if: (a) in relation to conduct covered by subparagraph (1)(b)(i)—the person proves that he or she neither intended, nor believed that another person intended, to sell any of the controlled drug so manufactured; or (b) in relation to conduct covered by subparagraph (1)(b)(ii)—the person proves that, although he or she believed that the other person intended to use the substance to manufacture a controlled drug, he or she did not intend to sell any of the substance to the other person. Note: A defendant bears a legal burden in relation to the matters in subsection (3) (see section 13.4). 307.14 Presumptions for importing and exporting border controlled precursors (1) For the purposes of proving an offence against this Subdivision, if: (a) a person has imported or exported a substance; and (b) a law of the Commonwealth required the import or export to be authorised (however described); and (c) the import or export was not so authorised; the person is taken to have imported or exported the substance with the intention of using some or all of the substance to manufacture a controlled drug. (2) Subsection (1) does not apply if the person proves that he or she did not have that intention. Note: A defendant bears a legal burden in relation to the matter in subsection (2) (see section 13.4). (3) For the purposes of proving an offence against this Subdivision, if: (a) a person has imported or exported a substance; and (b) a law of the Commonwealth required the import or export to be authorised (however described); and (c) the import or export was not so authorised; the person is taken to have imported or exported the substance believing that another person intends to use some or all of the substance to manufacture a controlled drug. (4) Subsection (3) does not apply if the person proves that he or she did not have that belief. Note: A defendant bears a legal burden in relation to the matter in subsection (4) (see section 13.4). Division 308—Possession offences 308.1 Possessing controlled drugs (1) A person commits an offence if: (a) the person possesses a substance; and (b) the substance is a controlled drug. Penalty: Imprisonment for 2 years or 400 penalty units, or both. (2) The fault element for paragraph (1)(b) is recklessness. (3) If: (a) a person is charged with, or convicted of, an offence against subsection (1); and (b) the offence is alleged to have been, or was, committed in a State or Territory; the person may be tried, punished or otherwise dealt with as if the offence were an offence against the law of the State or Territory that involved the possession or use of a controlled drug (however described). Note: Subsection (3) allows for drug users to be diverted from the criminal justice system to receive the same education, treatment and support that is available in relation to drug offences under State and Territory laws. (4) However, a person punished under subsection (3) must not be: (a) sentenced to a period of imprisonment that exceeds the period set out in subsection (1); or (b) fined an amount that exceeds the amount set out in subsection (1). (5) Subsection (3) does not limit: (a) Part 1B of the Crimes Act 1914; or (b) section 68 or 79 of the Judiciary Act 1903; or (c) any other law that provides for a law of a State or Territory to apply in relation to the exercise of federal jurisdiction. 308.2 Possessing controlled precursors (1) A person commits an offence if: (a) the person possesses a substance; and (b) the person intends to use any of the substance to manufacture a controlled drug; and (c) the substance is a controlled precursor. Penalty: Imprisonment for 2 years or 400 penalty units, or both. (2) The fault element for paragraph (1)(c) is recklessness. (3) For the purposes of proving an offence against subsection (1), if: (a) a person possessed a substance; and (b) a law of the Commonwealth or of a State or Territory required the possession to be authorised (however described); and (c) the possession was not so authorised; the person is taken to have possessed the substance with the intention of using some or all of the substance to manufacture a controlled drug. (4) Subsection (3) does not apply if the person proves that he or she did not have that intention. Note: A defendant bears a legal burden in relation to the matter in subsection (4) (see section 13.4). 308.3 Possessing plant material, equipment or instructions for commercial cultivation of controlled plants A person commits an offence if: (a) the person possesses a plant, a product of a plant, any equipment or any document containing instructions for growing a plant; and (b) the person intends to use the plant, product, equipment or document to cultivate a controlled plant; and (c) the person intends to sell, or believes that another person intends to sell, any of the plant so cultivated or any of its products. Penalty: Imprisonment for 7 years or 1,400 penalty units, or both. 308.4 Possessing substance, equipment or instructions for commercial manufacture of controlled drugs (1) A person commits an offence if: (a) the person possesses any substance (other than a controlled precursor), any equipment or any document containing instructions for manufacturing a controlled drug; and (b) the person intends to use the substance, equipment or document to manufacture a controlled drug; and (c) the person intends to sell, or believes that another person intends to sell, any of the drug so manufactured. Penalty: Imprisonment for 7 years or 1,400 penalty units, or both. (2) For the purposes of proving an offence against subsection (1), if: (a) a person possessed a tablet press; and (b) a law of the Commonwealth or of a State or Territory required the possession to be authorised (however described); and (c) the possession was not so authorised; the person is taken to have possessed the tablet press with the intention of using it to manufacture a controlled drug. (3) Subsection (2) does not apply if the person proves that he or she did not have that intention. Note: A defendant bears a legal burden in relation to the matter in subsection (3) (see section 13.4). Division 309—Drug offences involving children 309.1 Children not criminally responsible for offences against this Division A child is not criminally responsible for an offence against this Division. Note: For the purposes of this Part, a child is an individual under 18 years of age (see section 300.2). 309.2 Supplying controlled drugs to children (1) A person commits an offence if: (a) the person supplies a substance to an individual; and (b) the individual is a child; and (c) the substance is a controlled drug. Penalty: Imprisonment for 15 years or 3,000 penalty units, or both. (2) Strict liability applies to paragraph (1)(b). (3) The fault element for paragraph (1)(c) is recklessness. 309.3 Supplying marketable quantities of controlled drugs to children for trafficking (1) A person commits an offence if: (a) the person supplies a substance to an individual; and (b) the individual is a child; and (c) the substance is a controlled drug; and (d) the quantity supplied is a marketable quantity; and (e) the person supplies the controlled drug believing that the child intends to sell any of it. Penalty: Imprisonment for life or 7,500 penalty units, or both. (2) Strict liability applies to paragraph (1)(b). (3) The fault element for paragraph (1)(c) is recklessness. (4) Absolute liability applies to paragraph (1)(d). Note: Section 313.4 provides a partial defence in relation to the matter in paragraph (1)(d). 309.4 Supplying controlled drugs to children for trafficking (1) A person commits an offence if: (a) the person supplies a substance to an individual; and (b) the individual is a child; and (c) the substance is a controlled drug; and (d) the person supplies the controlled drug believing that the child intends to sell any of it. Penalty: Imprisonment for 25 years or 5,000 penalty units, or both. (2) Strict liability applies to paragraph (1)(b). (3) The fault element for paragraph (1)(c) is recklessness. 309.5 Presumption where trafficable quantities are involved (1) For the purposes of proving an offence against section 309.3 or 309.4, if a person has supplied a trafficable quantity of a substance to a child, the person is taken to have done so believing that the child intended to sell some or all of it. (2) Subsection (1) does not apply if the person proves that he or she did not have that belief. Note: A defendant bears a legal burden in relation to the matter in subsection (2) (see section 13.4). 309.6 Meaning of procures an individual to traffic (1) For the purposes of this Part, a person procures an individual to traffic in a substance if: (a) the person p