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 311.3   Business of pre-trafficking by selling controlled precursors  

(1)  
In proceedings for an offence against:


(a) section 306.2 (pre-trafficking commercial quantities of controlled precursors); or


(b) section 306.3 (pre-trafficking marketable quantities of controlled precursors);

where the alleged conduct of the defendant involves pre-trafficking by selling controlled precursors, the prosecution may prove the element of the offence relating to the quantity of controlled precursor by proving:


(c) that the defendant was engaged in an organised commercial activity that involved repeated pre-trafficking by selling controlled precursors; and


(d) that the relevant quantity of a controlled precursor, or of a combination of controlled precursors, was pre-trafficked by sale in the course of that activity.

Note 1:

See section 312.2 for working out quantities where different kinds of controlled precursors 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 pre-trafficking; or


(b) the exact quantity pre-trafficked on each occasion.




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