Document ID: chunk:federal_register_of_legislation:C2005A00129:clause:1_1:p38
Version: federal_register_of_legislation:C2005A00129
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 38/42)
Character Range: 102440–105157

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 Division 314 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 Division 314 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.

312.2  Working out quantities where different kinds of drugs, plants or precursors are involved

 (1) This 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