Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3


Part 9.1 - Serious drug offences  

Division 311 - Combining quantities of drugs, plants or precursors  

Subdivision B - Combining parcels from organised commercial activities  

SECTION 311.2   Business of trafficking controlled drugs  

In proceedings for an offence against:

(a) section 302.2 (trafficking commercial quantities of controlled drugs); or

(b) section 302.3 (trafficking marketable quantities of controlled drugs);

the prosecution may prove the element of the offence relating to the quantity of controlled drug by proving:

(c) that the defendant was engaged in an organised commercial activity that involved repeated trafficking in controlled drugs; and

(d) that the relevant quantity of a controlled drug, or of a combination of controlled drugs, was trafficked in the course of that activity.

Note 1:

See section 312.2 for working out quantities where different kinds of controlled drugs are involved.

Note 2:

Section 313.4 provides a partial defence in relation to the matter in paragraph (1)(d).

For the purposes of subsection (1) it is not necessary for the prosecution to specify or prove:

(a) the exact date of each occasion of trafficking; or

(b) the exact quantity trafficked on each occasion.

Section 302.5 (presumption where trafficable quantities are involved) does not apply to an offence prosecuted in accordance with subsection (1).

This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.