(4) If, in a prosecution for an offence against subsection (1), the conduct of the defendant for the purposes of paragraph (1)(a) is alleged to be an omission, the fault element for that omission is recklessness.
310.4 Aggravated offences—manufacturing controlled drugs and controlled precursors
(1) If the prosecution intends to prove an aggravated offence, the charge must allege the relevant aggravated offence.
(2) For the purposes of this Part, an offence against section 305.4 or 305.5 is an aggravated offence if:
(a) the commission of the offence exposes an individual to the manufacture of a controlled drug; and
(b) the individual is under 14 years of age.
(3) For the purposes of this Part, an offence against section 306.2, 306.3 or 306.4 is an aggravated offence if:
(a) the commission of the offence exposes an individual to:
(i) a controlled precursor intended to be used for the manufacture of a controlled drug; or
(ii) the manufacture of a controlled precursor; and
(b) the individual is under 14 years of age.
(4) The fault element for paragraphs (2)(a) and (3)(a) is recklessness.
(5) Strict liability applies to paragraphs (2)(b) and (3)(b).
(6) Subsections (2) and (3) do not apply if the commission of 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 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 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) 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 does not prevent a person being charged with separate offences in respect of conduct on different occasions.
Subdivision C—Combining parcels from multiple offences
The prosecution may prove an offence against Division 302 (trafficking controlled drugs) by proving:
(a) that the defendant committed offences against that Division on different occasions; and
(b) that each of those offences was committed within a period of not more than 7 days from another of those offences; and
(c) that the relevant quantity (in sum) of a controlled drug, or of a combination of controlled drugs, was trafficked during the commission of those offences.
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 (c).
The prosecution may prove an offence against Division 303 (commercial cultivation of controlled plants) by proving:
(a) that the defendant committed offences against that Division on different occasions; and
(b) that each of those offences was committed within a period of not more than 7 days from another of those offences; and
(c) that the relevant quantity (in sum) of a controlled plant, or of a combination of controlled plants, was cultivated during the commission of those offences.
Note 1: See section 312.2 for working out quantities where different kinds of controlled plants are involved.
Note 2: Section 313.4 provides a partial defence in relation to the matter in paragraph (c).
The prosecution may prove an offence against Division 304 (selling controlled plants) by proving:
(a) that the defendant committed offences against that Division on different occasions; and
(b) that each of those offences was committed within a period of not more than 7 days from another of those offences; and
(c) that the relevant quantity (in sum) of a controlled plant, or of a combination of controlled plants, was sold during the commission of those offences.
Note 1: See section 312.2 for working out quantities where different kinds of controlled plants are involved.
Note 2: Section 313.4 provides a partial defence in relation to the matter in paragraph (c).
The prosecution may prove an offence against Division 305 (commercial manufacture of controlled drugs) by proving:
(a) that the defendant committed offences against that Division on different occasions; and
(b) that each of those offences was committed within a period of not more than 7 days from another of those offences; and
(c) that the relevant quantity (in sum) of a controlled drug, or of a combination of controlled drugs, was manufactured during the commission of those offences.
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 (c).
The prosecution may prove an offence against Division 306 (pre‑trafficking controlled precursors) by proving:
(a) that the defendant committed offences against that Division on different occasions; and
(b) that each of those offences was committed within a period of not more than 7 days from another of those offences; and
(c) that the relevant quantity (in sum) of a controlled precursor, or of a combination of controlled precursors, was pre‑trafficked during the commission of those offences.
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 (c).
311.13 Multiple offences—importing or exporting border controlled drugs or border controlled plants
The prosecution may prove an offence against Subdivision A of Division 307 (importing and exporting border controlled drugs or border controlled plants) by proving:
(a) that the defendant committed offences against that Subdivision on different occasions; and
(b) that each of those offences was committed within a period of not more than 30 days from another of those offences; and
(c) that the relevant quantity (in sum) 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 during the commission of those offences.
Note: See section 312.2 for working out quantities where different kinds of border controlled drugs or border controlled plants are involved.
The prosecution may prove an offence against Subdivision B of Division 307 (possessing unlawfully imported border controlled drugs or border controlled plants) by proving:
(a) that the defendant committed offences against that Subdivision on different occasions; and
(b) that each of those offences was committed within a period of not more than 7 days from another of those offences; and
(c) that the relevant quantity (in sum) 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 possessed by the defendant during the commission of those offences.
Note: See section 312.2 for working out quantities where different kinds of border controlled drugs or border controlled plants are involved.
311.15 Multiple offences—possessing border controlled drugs or border controlled plants reasonably suspected of having been unlawfully imported