CONTROLLED SUBSTANCES ACT 1984 - SECT 33LB
CONTROLLED SUBSTANCES ACT 1984 - SECT 33LB
33LB—Possession or supply of prescribed quantity of controlled precursor
(1) A person who,
without reasonable excuse (proof of which lies on the person)—
(a) has
possession of a prescribed quantity of a controlled precursor; or
(b)
supplies to another person a prescribed quantity of a controlled precursor; or
(c) has
possession of a prescribed quantity of a controlled precursor intending to
supply it to another person,
is guilty of an offence.
Maximum penalty:
(a) for
a basic offence—
(i)
if the offender is a serious drug
offender—$20 000 or imprisonment for 5 years, or both; or
(ii)
in any other case—$15 000 or imprisonment for 3
years, or both;
(b) for
an aggravated offence—$20 000 or imprisonment for 5 years, or both.
(2) A person who,
without reasonable excuse (proof of which lies on the person)—
(a)
—
(i)
has possession of a prescribed quantity of a
controlled precursor; or
(ii)
supplies to another person a prescribed quantity of a
controlled precursor; or
(iii)
has possession of a prescribed quantity of a
controlled precursor intending to supply it to another person; and
(b)
—
(i)
has possession of a prescribed quantity of another kind
of controlled precursor or any prescribed equipment; or
(ii)
supplies to another person a prescribed quantity of
another kind of controlled precursor or any prescribed equipment; or
(iii)
has possession of a prescribed quantity of another kind
of controlled precursor or any prescribed equipment intending to supply it to
another person,
is guilty of an offence.
Maximum penalty:
(a) for
a basic offence—
(i)
if the offender is a serious drug
offender—$30 000 or imprisonment for 7 years, or both; or
(ii)
in any other case—$20 000 or imprisonment for 5
years, or both;
(b) for
an aggravated offence—$30 000 or imprisonment for 7 years, or both.
(5) In this
section—
"prescribed quantity" of a controlled precursor means—
(a) in
relation to a controlled precursor contained in a mixture—
(i)
a quantity of the precursor that equals or exceeds the
amount prescribed for the purposes of this section for the precursor in its
pure form; or
(ii)
a quantity of the mixture that equals or exceeds the
amount prescribed for the purposes of this section for a mixture containing
the precursor; or
(b) in
relation to a controlled precursor that is not contained in a mixture—
(i)
if the regulations prescribe an amount for the purposes
of this section for the precursor in its pure form—a quantity of the
precursor that equals or exceeds the amount so prescribed; or
(ii)
if the regulations do not prescribe an amount for the
purposes of this section for the precursor in its pure form—a quantity
of the precursor that equals or exceeds the amount prescribed for the purposes
of this section for any mixture containing the precursor.