Document ID: chunk:federal_register_of_legislation:C2025C00060:section:2:p34
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 2 (pt 34/169)
Character Range: 1275042–1277723

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.

Division 313—Defences and alternative verdicts

313.1  Defence—conduct justified or excused by or under a law of a State or Territory
  This Part, other than Division 307, does not apply in relation to conduct if:
 (a) a person engages in the conduct in a State or Territory; and
 (b) the conduct is justified or excused by or under a law of that State or Territory.
Note 1: A defendant bears an evidential burden in relation to the matters in this section (see subsection 13.3(3)).
Note 2: A person is not criminally responsible for an offence against this Part if the person's conduct is justified or excused by or under another Commonwealth law (see section 10.5). In 2005, Commonwealth laws that authorised importation, possession or use of controlled drugs, controlled plants, controlled precursors, border controlled drugs, border controlled plants or border controlled precursors included the Customs Act 1901, the Narcotic Drugs Act 1967 and the Crimes Act 1914.

313.2  Defence—reasonable belief that conduct is justified or excused by or under a law
  A person is not criminally responsible for an offence against this Part if:
 (a) at the time of the conduct constituting the offence, the person was under a mistaken but reasonable belief that the conduct was justified or excused by or under a law of the Commonwealth or of a State or Territory; and
 (b) had the conduct been so justified or excused—the conduct would not have constituted the offence.
Note: A defendant bears an evidential burden in relation to the matter in paragraph (a) (see subsection 13.3(3)).

313.3  Alternative verdict—offence not proved
  If:
 (a) in a prosecution for an offence against this Part, the trier of fact:
 (i) is not satisfied that the defendant is guilty of the alleged offence; but
 (ii) is satisfied, beyond reasonable doubt, that the defendant is guilty of another offence against this Part; and
 (b) the maximum penalty for the other offence is not greater than the