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 311.4   Business of importing or exporting border controlled drugs or border controlled plants  

(1)  
In proceedings for an offence against:


(a) section 307.1 (importing and exporting commercial quantities of border controlled drugs or border controlled plants); or


(b) section 307.2 (importing and exporting marketable quantities of border controlled drugs or border controlled plants);

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


(c) that the defendant was engaged in an organised commercial activity that involved repeated importing or exporting of border controlled drugs or border controlled plants, or both; and


(d) that the relevant quantity of a border controlled drug or border controlled plant or both, or of a combination of border controlled drugs or border controlled plants or both, was imported or exported in the course of that activity.

Note:

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

(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 import or export; or


(b) the exact quantity imported or exported on each occasion.




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