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 311.6   Business of supplying controlled drugs to children  

(1)  
In proceedings for an offence against section 309.3 (supplying marketable quantities of controlled drugs to children for trafficking), the prosecution may prove the element of the offence relating to the quantity of controlled drug by proving:


(a) that the defendant was engaged in an organised commercial activity that involved repeated supplying of drugs to children for trafficking; and


(b) that the relevant quantity of a controlled drug, or of a combination of controlled drugs, was supplied to children 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)(b).

(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 supply; or


(b) the exact quantity supplied on each occasion.

(3)  
Section 309.5 (presumption where trafficable quantities are involved) does not apply to an offence prosecuted in accordance with subsection (1).




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