Criminal Code 2002

This section applies to an offence against this chapter that involves—

trafficking in different parcels of controlled drugs on the same occasion; or

manufacturing different parcels of controlled drugs on the same occasion; or

selling different parcels of controlled precursors on the same occasion; or

manufacturing different parcels of controlled precursors on the same occasion; or

possessing different parcels of controlled precursors on the same occasion; or

cultivating different parcels of controlled plants on the same occasion; or

selling different parcels of controlled plants on the same occasion; or

supplying different parcels of controlled drugs to a child on the same occasion;

whether they are the same or different kinds of drug, precursor or plant.

A person may be charged with a single offence in relation to 2 or more of the different parcels of controlled drugs, precursors or plants.

For the single offence, the quantity of controlled drugs, precursors or plants trafficked in, manufactured, sold, possessed, cultivated or supplied is the total of the quantities of the controlled drugs, precursors or plants in the different parcels.

However, if there are different kinds of controlled drugs, precursors or plants in the parcels, this section is subject to section 631.

If the prosecution intends to rely on this section, particulars of each parcel of controlled drugs, precursors or plants must be stated in the charge.

This section does not prevent a person being charged with separate offences in relation to different parcels of controlled drugs, precursors or plants.