Northern Territory Consolidated Acts

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MISUSE OF DRUGS ACT 1990 - SECT 8C

Possession of articles for use in manufacture of dangerous drug or precursor

    (1)     A person commits an offence if:

        (a)     the person intentionally has possession of equipment, or an implement or other article (other than a document); and

        (b)     the equipment, implement or other article has been, or may be, used in the manufacture of a dangerous drug or precursor, and the person is reckless in relation to that circumstance.

Maximum penalty:     Imprisonment for 7 years.

    (2)     It is a defence to a prosecution for an offence against subsection (1) if the defendant:

        (a)     is authorised under this Act to possess a precursor or a dangerous drug and the equipment, implement or article is used or intended to be used for the purpose for which the authorisation was given; or

        (b)     is registered, licensed or otherwise authorised under another Act, or an Act of the Commonwealth, a State or another Territory, to possess a precursor or a dangerous drug and the equipment, implement or article is used or intended to be used for the purpose for which the registration, licence or authorisation was given; or

        (c)     had possession of the equipment, implement or article for a purpose other than assisting in the manufacture of a dangerous drug or precursor.

    (3)     The defendant has a legal burden of proof in relation to a matter mentioned in subsection (2).



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