Australian Capital Territory Current Acts

CRIMINAL CODE 2002 - SECT 622

    (1)     A person commits an offence if—

        (a)     the person—

              (i)     supplies a commercial quantity of a controlled drug to a child; or

              (ii)     possesses a commercial quantity of a controlled drug with the intention of supplying any of the drug to a child; and

        (b)     the person does so believing that the child intends to sell any of the drug.

Maximum penalty: imprisonment for life.

    (2)     Absolute liability applies to—

        (a)     the circumstance that the quantity supplied or possessed was a commercial quantity; and

        (b)     the circumstance that the person to whom the controlled drug was supplied or intended to be supplied was a child.

    (3)     A person commits an offence if—

        (a)     the person—

              (i)     supplies a controlled drug to a child; or

              (ii)     possesses a controlled drug with the intention of supplying any of the drug to a child; and

        (b)     the person does so believing that the child intends to sell any of the drug.

Maximum penalty: 2 500 penalty units, imprisonment for 25 years or both.

    (4)     Absolute liability applies to the circumstance that the person to whom the controlled drug was supplied or intended to be supplied was a child.

    (5)     It is a defence to a prosecution for an offence against this section if the defendant proves that the defendant—

        (a)     considered whether or not the person to whom the controlled drug was supplied or intended to be supplied was a child; and

        (b)     had no reasonable grounds for believing that the person was a child.

Note     A reference to an offence against a territory law includes a reference to a related ancillary offence (see Legislation Act

, s 189).