Crimes and Other Legislation Amendment (Omnibus No. 1) Act 2026 (70 of 2026)

Schedule 2   Amendment of the Criminal Code

Part 2   Mixtures containing prohibited substances

Criminal Code Act 1995

4   Section 312.1 of the Criminal Code

Repeal the section, substitute:

312.1 Quantities of drugs and precursors in mixtures

(1) This section applies for the purposes of an alleged offence against this Part involving any of the following (the prohibited substance ) in a mixture of substances:

(a) a controlled drug;

(b) a border controlled drug;

(c) a controlled precursor (other than a growing plant);

(d) a border controlled precursor (other than a growing plant).

(2) For the purposes of proving the quantity of the prohibited substance, treat the mixture as consisting wholly of the prohibited substance.

Note: For example, in a prosecution for an alleged offence against this Part involving a prohibited substance in a mixture of substances, the quantity of the prohibited substance would be proved as follows:

(a) if a block of powder contains any amount of cocaine (a prohibited substance) - the block of powder is treated as consisting wholly of cocaine, and the quantity of the prohibited substance is the total weight of the block of powder;

(b) if a dried mushroom contains any amount of psilocybin (a prohibited substance) - the dried mushroom is treated as consisting wholly of psilocybin, and the quantity of the prohibited substance is the total weight of the dried mushroom.

(3) To avoid doubt:

(a) the mixture of substances may consist of:

(i) the prohibited substance being in, mixed with or part of one or more other substances; or

(ii) one or more other substances containing any amount of the prohibited substance; and

(b) the mixture must not be used for the purposes of proving the quantity of more than one prohibited substance.