Document ID: chunk:federal_register_of_legislation:C2005A00129:clause:1_1:p31
Version: federal_register_of_legislation:C2005A00129
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 31/42)
Character Range: 83482–86464

by proving:
 (c) that the defendant was engaged in an organised commercial activity that involved repeated pre‑trafficking by selling controlled precursors; and
 (d) that the relevant quantity of a controlled precursor, or of a combination of controlled precursors, was pre‑trafficked by sale in the course of that activity.

Note 1: See section 312.2 for working out quantities where different kinds of controlled precursors are involved.

Note 2: Section 313.4 provides a partial defence in relation to the matter in paragraph (1)(d).

 (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 pre‑trafficking; or
 (b) the exact quantity pre‑trafficked on each occasion.

311.4  Business of importing or exporting border controlled drugs or border controlled plants

 (1) In proceedings for an offence against:
 (a) section 307.1 (importing and exporting commercial quantities of border controlled drugs or border controlled plants); or
 (b) section 307.2 (importing and exporting marketable quantities of border controlled drugs or border controlled plants);
the prosecution may prove the element of the offence relating to the quantity of border controlled drug or border controlled plant by proving:
 (c) that the defendant was engaged in an organised commercial activity that involved repeated importing or exporting of border controlled drugs or border controlled plants, or both; and
 (d) that the relevant quantity of a border controlled drug or border controlled plant or both, or of a combination of border controlled drugs or border controlled plants or both, 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 drugs or border controlled plants 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.

311.5  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 precursor 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)