South Australian Current Acts

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CONTROLLED SUBSTANCES ACT 1984 - SECT 33OA

33OA—Basis for determining quantity of controlled substance

        (1)         If, for the purposes of the definition of "trafficable quantity", " commercial quantity" or " large commercial quantity" in section 4(1) or the definition of " prescribed quantity in section 33LB, the regulations prescribe more than 1 of the following in relation to a particular controlled drug or controlled precursor:

            (a)         an amount for the drug or precursor in its pure form;

            (b)         an amount for a mixture containing the drug or precursor;

            (c)         a number of discrete dosage units for a mixture containing the drug or precursor,

then, in proceedings for an offence against this Part involving that drug or precursor contained in a mixture, the question of whether or not the quantity of the drug or precursor the subject of the proceedings was a trafficable quantity, commercial quantity, large commercial quantity or prescribed quantity will be determined by reference to—

            (d)         if the charge alleges a particular quantity of the drug or precursor in its pure form—the prescribed amount for the drug or precursor in its pure form; or

            (e)         if the charge alleges a particular quantity of the mixture containing the drug or precursor—the prescribed amount for a mixture containing the drug or precursor; or

            (f)         if the charge alleges a particular number of discrete dosage units of the mixture containing the drug or precursor—the prescribed number of discrete dosage units for a mixture containing the drug or precursor.

        (2)         If, for the purposes of the definition of "trafficable quantity", " commercial quantity" or " large commercial quantity in section 4(1), the regulations prescribe both a number of a particular controlled plant and a weight of that plant, then, in proceedings for an offence against this Part involving that plant, the question of whether or not the quantity of the plant the subject of the proceedings was a trafficable quantity, commercial quantity or large commercial quantity will be determined by reference to—

            (a)         if the charge alleges a particular number of the plant—the prescribed number for the plant; or

            (b)         if the charge alleges a particular weight of the plant—the prescribed weight for the plant.

        (3)         For the purposes of the definition of "trafficable quantity", "commercial quantity" or " large commercial quantity" in section 4(1) or the definition of "prescribed quantity" in section 33LB, a controlled drug or controlled precursor will be taken to be contained in a mixture unless it is proved, beyond a reasonable doubt, that the drug or precursor was not contained in a mixture or was in its pure form.



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