What the law says
Sections 301.1 of the Commonwealth Criminal Code states:
(1) A person commits an offence if:
(a) the person imports or exports a substance; and
(b) the substance is a border controlled drug or border controlled plant; and
(c) the quantity imported or exported is a commercial quantity.
(2) The fault element for paragraph (1)(b) is recklessness.
(3) Absolute liability applies to paragraph (1)(c).
Note: Examples of commercial quantities of bordered controlled drugs are
(a) Amphetamine 0.75 kilograms
(b) Cannabis 2.00 kilograms
(c) Heroin 1.5 kilograms
(d) Methamphetamine .75 kilograms
(e) 3,4-Methylenedioxymethamphetamine (MDMA) .5 kilograms
What the police must prove
In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt.
- The accused imports or exports a substance; and
- The substance is a border controlled drug or border controlled plant; and
- The quantity imported or exported is a commercial quantity.
It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence. Click here to learn more about identification evidence.
The Maximum penalty for the offence of Importing and Exporting Commercial Quantities of Border Controlled Drugs or Border Controlled Plants is life imprisonment or 7,500 penalty units or both.
Which court will hear the matter
This matter is Commonwealth Offence which means it is dealt with in the Supreme Court.
Possible defences to this offence include but are not limited to
- The accused did not import or export a substance.
- The substance was not a border controlled drug or border controlled plant.
- The quantity imported or exported was not a commercial quantity.
- The accused has a reasonable and honest belief the substance was not a border controlled drug or border controlled plant.