(a) knowing that it is
being supplied to the person primarily for human consumption or for supply by
that person to another person for that purpose, or
(b) being reckless as to
whether it is being so supplied.
: Maximum penalty--20 penalty units or
imprisonment for 2 years, or both.
(4) In any proceedings for an offence under this section, the
court may have regard to the following in determining whether a person knew or
was reckless as to whether a substance was being acquired or supplied
primarily for human consumption--
(a) any advertising matter published or
displayed by the person, or usage instruction concerning the substance given
by the person, whether before or after the commencement of this subsection,
that indicates that the substance--
(b) whether it would be reasonable in
all the circumstances to find that the substance concerned was being
manufactured or supplied for a lawful purpose.
(5) Subsection (4) does not
limit the matters that the court may consider.