Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 9 - DANGERS TO THE COMMUNITY  

Part 9.1 - Serious drug offences  

Division 312 - Working out quantities of drugs, plants or precursors  

SECTION 312.1   Working out quantities of drugs and precursors in mixtures  

(1)  
If an alleged offence against this Part involves a quantity of a controlled drug in a mixture of substances, the prosecution may prove the quantity of the controlled drug involved:


(a) by proving that the mixture contains that quantity of the pure form of the controlled drug; or


(b) if such a quantity is specified, in regulations made for the purposes of item 1 of the table in section 301.10 , 301.11 or 301.12 , for the controlled drug in a mixture - by proving that quantity of the mixture.

(2)  
If an alleged offence against this Part involves a quantity of a controlled precursor in a mixture of substances, the prosecution may prove the quantity of the controlled precursor involved by proving that the mixture contains that quantity of the pure form of the controlled precursor.

(3)  
If an alleged offence against this Part involves a quantity of a border controlled drug in a mixture of substances, the prosecution may prove the quantity of the border controlled drug involved:


(a) by proving that the mixture contains that quantity of the pure form of the border controlled drug; or


(b) if such a quantity is specified, in regulations made for the purposes of item 1 of the table in section 301.10 or 301.11 , for the border controlled drug in a mixture - by proving that quantity of the mixture.

(4)  
If an alleged offence against this Part involves a quantity of a border controlled precursor in a mixture of substances, the prosecution may prove the quantity of the border controlled precursor involved by proving that the mixture contains that quantity of the pure form of the border controlled precursor.




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