It is an offence under Section 24B of the Drug Misuse and Trafficking Act 1985 (NSW) for a person to possess a drug precursor of a quantity not less than the quantity prescribed by the regulations in relation to that precursor.

Elements

However, it is a defence to a prosecution under the offence if the defendant establishes that:

• the defendant is in possession of the precursor for the purposes of an activity that is not unlawful, or
• the defendant otherwise has a reasonable excuse for possessing the precursor.

Definition

For the purposes of this section, a precursor is a substance:

• that can be used in the manufacture or production of a prohibited drug, and
• that is specified or described in the regulations as a precursor.

About Post Author

Brian Walker

B.Acc., GradDipLegPrac, Juris Dr
Barrister & Accountant.
Former Criminal Defence Solicitor. Former Federal Prosecutor for the Commonwealth Director of Public Prosecutions prosecuting Commonwealth crimes relating to drugs and child exploitation. Former Australian Federal Police member litigating proceeds of crime matters. Former Australian Taxation Office employee investigating offshore tax evasion matters.

Post Created by Jesslyn Duong, paralegal.

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