37Penalty guidelines

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.