Before section 12, in Part II, Division 2
insert
(1) A person commits an offence if:
(a) the person intentionally supplies a substance or thing to another person (the recipient ); and
(b) the substance or thing is a precursor and the person is reckless in relation to that circumstance; and
(c) the recipient intends to use the precursor in the manufacture of a dangerous drug and the person has knowledge of that circumstance.
Maximum penalty: Imprisonment for 10 years.
(2) It is a defence to a prosecution for an offence against subsection (1) if the recipient:
(a) is authorised under this Act to possess a precursor or a dangerous drug that may be manufactured from the precursor; or
(b) is registered, licensed or otherwise authorised under another Act, or an Act of the Commonwealth, a State or another Territory, to possess the precursor.
(3) The defendant has a legal burden of proof in relation to a matter mentioned in subsection (2).
(1) A person commits an offence if:
(a) the person appropriates a substance or thing with the intention of depriving its owner of the substance or thing; and
(b) the substance or thing is a dangerous drug and the person is reckless in relation to that circumstance.
Maximum penalty:
(a) for appropriation of a Schedule 1 drug – imprisonment for 14 years; or
(b) for appropriation of a Schedule 2 drug – imprisonment for 7 years.
(2) Subsection (1) does not apply in relation to the appropriation of a substance or thing by a person with the reasonable belief that the substance or thing has been lost and its owner cannot be discovered.
(3) In this section:
"appropriates", see section 209(1) of the Criminal Code.
"deprive", see section 209(1) of the Criminal Code.