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DRUG MISUSE AND TRAFFICKING ACT 1985 - SECT 24
Manufacture and production of prohibited drugs
24 Manufacture and production of prohibited drugs
(1) A person who manufactures or produces, or who knowingly takes part in the
manufacture or production of, a prohibited drug is guilty of an offence.
(1A)
A person who-- (a) manufactures or produces, or who knowingly takes part in
the manufacture or production of, a prohibited drug, and
(b) exposes a child
to that manufacturing or production process, or to substances being stored for
use in that manufacturing or production process,
is guilty of an offence.
(2)
A person who manufactures or produces, or who knowingly takes part in the
manufacture or production of, an amount of a prohibited drug which is not less
than the commercial quantity applicable to the prohibited drug is guilty of an
offence.
(2A) A person who-- (a) manufactures or produces, or who knowingly
takes part in the manufacture or production of, an amount of a prohibited drug
which is not less than the commercial quantity applicable to the
prohibited drug, and
(b) exposes a child to that manufacturing or production
process, or to substances being stored for use in that manufacturing or
production process,
is guilty of an offence.
(3) If, on the trial of a person
for an offence under subsection (2) or (2A), the jury are not satisfied that
the amount of prohibited drug involved is equal to or more than the
commercial quantity applicable to the prohibited drug, the jury may acquit the
person of the offence charged and find the person guilty of an offence under
subsection (1) or (1A), respectively, and the person is liable to punishment
accordingly.
(3A) It is a defence to a prosecution for an offence under
subsection (1A) or (2A) if the defendant establishes that the exposure of the
child to the prohibited drug manufacturing or production process, or to
substances being stored for use in that manufacturing or production process,
did not endanger the health or safety of the child.
(3B) If, on the trial of
a person for an offence under subsection (1A) or (2A), the jury-- (a) is not
satisfied that a child was exposed to a prohibited drug manufacturing or
production process, or to substances being stored for use in such a
manufacturing or production process, or
(b) is satisfied that the defence
referred to in subsection (3A) has been made out,
the jury may acquit the
person of the offence charged and find the person guilty of an offence under
subsection (1) or (2), respectively, and the person is liable to punishment
accordingly.
(4) Nothing in this section renders unlawful the manufacture or
production of a prohibited drug by-- (a) a person licensed or authorised to do
so under the Poisons and Therapeutic Goods Act 1966 , or
(a1) a person
acting under a poppy licence under the Poppy Industry Act 2016 , or
(b) a
person acting in accordance with an authority granted by the Secretary of the
Department of Health where the Secretary is satisfied that the manufacture or
production of the prohibited drug is for the purpose of scientific research,
instruction, analysis or study,
or renders unlawful the taking part by any
other person in the manufacture or production of a prohibited drug by a person
to whom paragraph (a), (a1) or (b) applies.
(5) In this section,
"child" means a person who is under the age of 16 years.
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