Criminal Code Act 1995
Section 3CHAPTER 9 - DANGERS TO THE COMMUNITY Part 9.1 - Serious drug offences
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.
See section 312.2 for working out quantities where different kinds of controlled drugs are involved.
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).