AustLII Tasmanian Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

MISUSE OF DRUGS ACT 2001 (NO. 94 OF 2001) - SECT 12

Division 3 - Trafficking and supply Trafficking in controlled substance

(1)  A person must not traffic in a controlled substance.
Penalty:  Imprisonment for a term not exceeding 21 years.
(2)  If it is proved in proceedings for an offence under subsection (1) that the accused –
(a) prepared a trafficable quantity of a controlled substance for supply; or
(b) transported a trafficable quantity of a controlled substance; or
(c) guarded or concealed a trafficable quantity of a controlled substance; or
(d) possessed a trafficable quantity of a controlled substance –
it is presumed, in the absence of evidence to the contrary, that the accused had the relevant intention or belief concerning the sale of the controlled substance required to constitute the offence.
(3)  The burden of proof for the evidence to the contrary is an evidential burden.



[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]