Document ID: chunk:federal_register_of_legislation:C2025C00060:section:2:p24
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 2 (pt 24/169)
Character Range: 1248493–1251486

controlled precursors (sections 309.14 and 309.15);
the person may be charged with a single offence against this Part in respect of all or any of the different parcels of drugs, plants or precursors.
 (2) The quantity of the drugs, plants or precursors for the purposes of the offence is the sum of the quantities of the drugs, plants or precursors in the different parcels.
Note: See section 312.2 for working out quantities where different kinds of controlled or border controlled drugs, plants or precursors are involved.
 (3) If the prosecution intends to rely on this Subdivision, particulars of each parcel of drugs, plants or precursors must be set out in the charge.
 (4) This Subdivision does not prevent a person being charged with separate offences in respect of different parcels of drugs, plants or precursors.

Subdivision B—Combining parcels from organised commercial activities

311.2  Business of trafficking controlled drugs
 (1) In proceedings for an offence against:
 (a) section 302.2 (trafficking commercial quantities of controlled drugs); or
 (b) section 302.3 (trafficking marketable quantities of controlled drugs);
the prosecution may prove the element of the offence relating to the quantity of controlled drug by proving:
 (c) that the defendant was engaged in an organised commercial activity that involved repeated trafficking in controlled drugs; and
 (d) that the relevant quantity of a controlled drug, or of a combination of controlled drugs, was trafficked 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)(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 trafficking; or
 (b) the exact quantity trafficked on each occasion.
 (3) Section 302.5 (presumption where trafficable quantities are involved) does not apply to an offence prosecuted in accordance with subsection (1).

311.3  Business of pre‑trafficking by selling controlled precursors
 (1) In proceedings for an offence against:
 (a) section 306.2 (pre‑trafficking commercial quantities of controlled precursors); or
 (b) section 306.3 (pre‑trafficking marketable quantities of controlled precursors);
where the alleged conduct of the defendant involves pre‑trafficking by selling controlled precursors, the prosecution may prove the element of the offence relating to the quantity of controlled precursor 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