Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 9 - DANGERS TO THE COMMUNITY  

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  

(1)  
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).

(2)  
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.

(3)  
Section 302.5 (presumption where trafficable quantities are involved) does not apply to an offence prosecuted in accordance with subsection (1).




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