Equipment / Precursors

Question 1

Section 12A

Answer 1

Section 12A creates the offences of supplying, producing or manufacturing equipment, material and precursors, or possessing such items, for the purpose of producing/manufacturing controlled drugs, or of cultivating prohibited plants.

Question 2

Section 12A (1) VS Section 12A (2) - Differences

Answer 2

12A(1) - relate to charges filed against businesses such as hydroponic suppliers or against ‘pseudo-shoppers’ who acquire pseudo to meth cooks.

12A(2) - relate to charges filed against people in possession of such items for their own or others use such as meth cooks.

Question 3

WHAT MUST BE PROVEN IN RELATION TO A CHARGE UNDER SECTION 12A(1)? *

Answer 3

• Defendant has supplied, produced or manufactured equipment, material or precursors
• Those items are capable of being used in the production or manufacture of controlled drugs, or the cultivation of prohibited plants
• The defendant knows those items are to be used for such an offence by another person.

Question 4

Define any equipment and examples

Answer 4

The term “equipment” is not defined by statute, but will include the implements, apparatus and other hardware used in the manufacturing, producing or cultivating process.

Examples:

• Meth cooking: glassware, condensers, heating mantles
• Growing cannabis: pots, lights, timers, water pumps

Question 5

Define material and examples

Answer 5

Includes anything used in the process of producing, manufacturing or cultivating that cannot be properly described as equipment.

Examples:

• chemicals (other than those classified as precursors)
• documents providing instructions on the manufacturing or cultivating process;
• fertilisers, nutrients etc used in cultivation

Question 6

Define precursor

Answer 6

The word “precursor” means “fore-runner”
- something that comes before something else.
In this context it refers to a substance that is the starting point in a chemical process that will result in the creation of a new drug.

Question 7

WHAT MUST BE PROVEN IN RELATION TO A CHARGE UNDER SECTION 12A(2) ? *

Answer 7

• that the defendant has equipment, material or precursors in his possession
• that those items are capable of being used in the production or manufacture of controlled drugs, or the cultivation of prohibited plants
• that the defendant has the intention that those items are to be used for such an offence, either by himself or another person

Question 8

Intent for possession of equipment

Answer 8

It is not necessary that the defendant intends to use the items himself - it is sufficient if he intends the items to be used by another person.

While it is necessary to prove the defendant’s intention that the items be used in a specified offence, it is not necessary to prove that the offence was actually committed or even attempted.