Document ID: chunk:federal_register_of_legislation:C2025C00060:section:2:p23
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 2 (pt 23/169)
Character Range: 1245911–1248731

the offence does not give rise to a danger of harm to the individual.
Note: A defendant bears an evidential burden in relation to the matter in subsection (6) (see subsection 13.3(3)).
 (7) For the purposes of this section, if the commission of an offence exposes a person to the risk of catching a disease that may give rise to a danger of harm to the person, the commission of the offence is taken to give rise to a danger of harm to the person.
 (8) For the purposes of this section, the commission of an offence gives rise to a danger of harm if the commission of the offence is ordinarily capable of creating a real, and not merely a theoretical, danger of harm.
 (9) For the purposes of this section, the commission of an offence may give rise to a danger of harm whatever the statistical or arithmetical calculation of the degree of risk of harm involved.

Division 311—Combining quantities of drugs, plants or precursors

Subdivision A—Combining different parcels on the same occasion

311.1  Combining different parcels on the same occasion
 (1) If, on the same occasion, a person:
 (a) traffics in different parcels of controlled drugs (Division 302); or
 (b) cultivates different parcels of controlled plants (Division 303); or
 (c) sells different parcels of controlled plants (Division 304); or
 (d) manufactures different parcels of controlled drugs (Division 305); or
 (e) pre‑traffics in different parcels of controlled precursors (Division 306); or
 (f) imports or exports different parcels of border controlled drugs or border controlled plants (Subdivision A of Division 307); or
 (g) possesses different parcels of unlawfully imported border controlled drugs or border controlled plants (Subdivision B of Division 307); or
 (h) possesses different parcels of border controlled drugs or border controlled plants reasonably suspected of having been unlawfully imported (Subdivision C of Division 307); or
 (i) imports or exports different parcels of border controlled precursors (Subdivision D of Division 307); or
 (j) supplies different parcels of controlled drugs to a child for trafficking (sections 309.3 and 309.4); or
 (k) procures a child to traffic in different parcels of controlled drugs (sections 309.7 and 309.8); or
 (l) procures a child to pre‑traffic in different parcels of controlled precursors (sections 309.10 and 309.11); or
 (m) procures a child to import or export different parcels of border controlled drugs or border controlled plants (sections 309.12 and 309.13); or
 (n) procures a child to import or export different parcels of border 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