Australian Capital Territory Current Acts

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CRIMINAL CODE 2002 - SECT 624

Procuring child to traffic in controlled drug

    (1)     A person commits an offence if the person procures a child to traffic in a commercial quantity of a controlled drug.

Maximum penalty: imprisonment for life.

    (2)     Absolute liability applies to—

        (a)     the circumstance that the person procured was a child; and

        (b)     the circumstance that the quantity the child was procured to traffic in was a commercial quantity.

    (3)     Subsection (1) applies whether the child was procured to traffic in a commercial quantity of a controlled drug on a single occasion or over a period.

    (4)     A person commits an offence if the person procures a child to traffic in a controlled drug.

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

    (5)     Absolute liability applies to the circumstance that the person procured was a child.

    (6)     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 procured was a child; and

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

    (7)     In this section:

"procures "a child to traffic in a controlled drug—a person procures a child to traffic in a controlled drug if—

        (a)     the person procures the child to sell the drug; or

        (b)     the person, with the intention of selling any of the drug or believing that someone else intends to sell any of the drug, procures the child to prepare the drug for supply or to transport the drug; or

        (c)     the person, with the intention of selling any of the drug or assisting someone else to sell any of the drug, procures the child to guard or conceal the drug.



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