Criminal Code Act 1995
Section 3
CHAPTER 9 - DANGERS TO THE COMMUNITY Part 9.1 - Serious drug offences
View history note
Hide history noteThis section applies if a person is charged with a single offence against this Part that involves:
(a) trafficking in more than one kind of controlled drug; or
(b) cultivating more than one kind of controlled plant; or
(c) selling more than one kind of controlled plant; or
(d) manufacturing more than one kind of controlled drug; or
(e) pre-trafficking in more than one kind of controlled precursor; or
(f) importing or exporting more than one kind of border controlled drug or border controlled plant; or
(g) possessing more than one kind of unlawfully imported border controlled drug or border controlled plant; or
(h) possessing more than one kind of border controlled drug or border controlled plant reasonably suspected of having been unlawfully imported; or
(i) importing or exporting more than one kind of border controlled precursor; or
(j) supplying more than one kind of controlled drug to a child for trafficking; or
(k) procuring a child to traffic in more than one kind of controlled drug; or
(l) procuring a child to pre-traffic in more than one kind of controlled precursor; or
(m) procuring a child to import or export more than one kind of border controlled drug or border controlled plant; or
(n) procuring a child to import or export more than one kind of border controlled precursor.
(2)
The following apply for the purposes of working out the quantity of controlled drugs, controlled plants, controlled precursors, border controlled drugs, border controlled plants or border controlled precursors involved in the offence:
(a) the quantity of the drugs or plants is a trafficable quantity if the sum of the requisite fractions of the trafficable quantity of each of those drugs or plants is equal to or greater than one;
(b) the quantity of drugs, plants or precursors is a marketable quantity if the sum of the requisite fractions of the marketable quantity of each of those drugs, plants or precursors is equal to or greater than one;
(c) the quantity of drugs, plants or precursors is a commercial quantity if the sum of the requisite fractions of the commercial quantity of each of those drugs, plants or precursors is equal to or greater than one.
(3)
For the purposes of this Part, requisite fraction means:
(a) in relation to a trafficable quantity of a controlled drug or controlled plant, the actual quantity of the drug or plant divided by the smallest trafficable quantity of the drug or plant; or
(b) in relation to a marketable quantity of a controlled drug, controlled plant, controlled precursor, border controlled drug, border controlled plant or border controlled precursor, the actual quantity of the drug, plant or precursor divided by the smallest marketable quantity of the drug, plant or precursor; or
(c) in relation to a commercial quantity of a controlled drug, controlled plant, controlled precursor, border controlled drug, border controlled plant or border controlled precursor, the actual quantity of the drug, plant or precursor divided by the smallest commercial quantity of the drug, plant or precursor.
(4)
If this section applies in relation to a controlled drug in a mixture of substances, the requisite fraction of a trafficable, marketable or commercial quantity of the controlled drug may be calculated:
(a) on the basis of the quantity of the controlled drug in pure form; 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 - on the basis of the quantity of the mixture.
(5)
If this section applies in relation to a border controlled drug in a mixture of substances, the requisite fraction of a marketable or commercial quantity of the border controlled drug may be calculated:
(a) on the basis of the quantity of the border controlled drug in pure form; 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 - on the basis of the quantity of the mixture.
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