Document ID: chunk:federal_register_of_legislation:C2025C00060:section:2:p26
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 2 (pt 26/169)
Character Range: 1253921–1256728

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.

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).

311.7  General rules—combining parcels from organised commercial activities
 (1) If, in proceedings for an offence, the prosecution intends to rely on section 311.2, 311.3, 311.4, 311.5 or 311.6:
 (a) the fact that it intends to do so must be set out in the charge; and
 (b) a description of the conduct alleged for the purposes of that section must be set out in the charge or provided to the accused within a reasonable time before the proceedings.
 (2) If:
 (a) an occasion of trafficking, pre‑trafficking, importing or exporting or supplying is alleged in proceedings against a person for an offence prosecuted in accordance with section 311.2, 311.3, 311.4, 311.5 or 311.6; and
 (b) the person is convicted or acquitted of the offence;
that occasion must not be alleged in proceedings against the person for another offence against this Part.
 (3) If:
 (a) an occasion of trafficking, pre‑trafficking, importing or exporting or supplying is alleged in proceedings against a person for an offence against this Part; and
 (b) the person is convicted or acquitted of the offence;
that occasion must not be alleged in proceedings against the person for an offence prosecuted in accordance with section 311.2, 311.3, 311.4, 311.5 or 311.6.
 (4) Subject to subsections (2) and (3), this Subdivision