Possessing controlled precursors
308.2 Possessing controlled precursors
A person commits an offence if:
the person possesses a substance; and
the person intends to use any of the substance to manufacture a controlled drug; and
the substance is a controlled precursor.
Penalty: Imprisonment for 2 years or 400 penalty units, or both.
The fault element for paragraph (1)(c) is recklessness.
For the purposes of proving an offence against subsection (1), if:
a person possessed a substance; and
a law of the Commonwealth or of a State or Territory required the possession to be authorised (however described); and
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.
Subsection (3) does not apply if the person proves that he or she did not have that intention.
A defendant bears a legal burden in relation to the matter in subsection (4) (see section 13.4).
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