Business of pre‑trafficking by selling controlled precursors
311.3 Business of pre‑trafficking by selling controlled precursors
In proceedings for an offence against:
section 306.2 (pre‑trafficking commercial quantities of controlled precursors); or
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:
that the defendant was engaged in an organised commercial activity that involved repeated pre‑trafficking by selling controlled precursors; and
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.
See section 312.2 for working out quantities where different kinds of controlled precursors are involved.
Section 313.4 provides a partial defence in relation to the matter in paragraph (1)(d).
For the purposes of subsection (1) it is not necessary for the prosecution to specify or prove:
the exact date of each occasion of pre‑trafficking; or
the exact quantity pre‑trafficked on each occasion.
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