Section 25(2) of the Drug Misuse and Trafficking Act 1985 (NSW) is not rendered invalid or inoperative by s 109 of the Constitution merely because s 306.2 of the Criminal Code (Cth) prescribes different penalties for overlapping conduct, given the express concurrent operation provision in s 300.4. The prosecutorial choice between State and Commonwealth drug charges does not compromise the court's capacity to exercise judicial power. For supply of a large commercial quantity of pseudoephedrine found to be above mid-range seriousness, a non-parole period of 6 years 6 months (against a standard non-parole period of 15 years) was manifestly inadequate; the appropriate range was 9-10 years non-parole before adjustment for special circumstances.
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