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Misuse of Drugs Act 1990
37Penalty guidelines
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37 Penalty guidelines
(1) In this section:
commercial gain, in relation to supplying dangerous drugs, means
to supply the dangerous drugs for fee, reward or consideration or in
expectation of a fee, reward or consideration.
(4) Notwithstanding any other law of the Territory, where a person
already serving a period of actual imprisonment is sentenced by a
court to serve a period of actual imprisonment for an offence
against this Act committed by the person while serving the first-
mentioned period, the further period of actual imprisonment shall be
served consecutively to the period of imprisonment currently being
served by the person.
(6) In sentencing a person for an offence against Part II, Division 1,
Subdivision 2 or 3, the court is to presume that:
(a) if the amount of the dangerous drugs to which the offence
relates is a traffickable quantity – the person intended to
supply the dangerous drugs; and
(b) if the amount of the dangerous drugs to which the offence
relates is a commercial quantity – the person intended to
supply the dangerous drugs for commercial gain.
(7) Subsection (6) applies unless the contrary is proved.