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.