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 311.5   Business of importing or exporting border controlled precursors  

(1)    
In proceedings for an offence against:


(a) section 307.11 (importing and exporting commercial quantities of border controlled precursors); or


(b) section 307.12 (importing and exporting marketable quantities of border controlled precursors);

the prosecution may prove the element of the offence relating to the quantity of border controlled precursors by proving:


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


(d) that the relevant quantity of a border controlled precursor, or of a combination of border controlled precursors, 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 precursors 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.



 

Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.