Australian Capital Territory Numbered Regulations

CRIMINAL CODE AMENDMENT REGULATION 2010 (NO 1) (NO 41 OF 2010) - REG 6

substitute

    (2)     For a related drug—

        (a)     a trafficable quantity is the quantity mentioned in schedule 1, column 3 for—

              (i)     the drug to which it is related; or

              (ii)     if it is related to more than 1 drug—the drug to which it is related that has the smallest quantity mentioned in schedule 1, column 3; and

        (b)     a commercial quantity is the quantity mentioned in schedule 1, column 4 for—

              (i)     the drug to which it is related; or

              (ii)     if it is related to more than 1 drug—the drug to which it is related that has the smallest quantity mentioned in schedule 1, column 3; and

        (c)     a large commercial quantity is the quantity mentioned in schedule 1, column 5 for—

              (i)     the drug to which it is related; or

              (ii)     if it is related to more than 1 drug—the drug to which it is related that has the smallest quantity mentioned in schedule 1, column 3.

Example—par (a) (ii), par (b) (ii) and par (c) (ii)

Drug X is a related drug that is related to—

              •     Morphine (sch 1, pt 1.1, item 49); and

              •     Pethidine (sch 1, pt 1.1, item 60).

In sch 1, col 3, the quantity for Morphine is 2.00g and the quantity for Pethidine is 10.00g. Because the Morphine quantity is smaller than the Pethidine quantity, Morphine is the relevant drug for working out the quantities for drug X. Therefore, a trafficable quantity of drug X is 2.00g, a commercial quantity of drug X is 0.75kg and a large commercial quantity of drug X is 1.50kg.

Note     An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).