What the law says
Sections 307.6 of the Commonwealth Criminal Code states:
(1) A person commits an offence if:
(a) the person possesses a substance; and
(b) the substance is a unlawfully imported; and
(c) The substance is a border controlled drug or border controlled plant; and
(d) the quantity possessed is a marketable quantity.
(2) Absolute liability applies to paragraph (1)(b) and (d).
(3) The fault element for paragraph (1)(c) is recklessness.
Examples of marketable quantities of unlawfully imported border controlled drugs are
(a) Amphetamine 2 Kilograms
(b) Cannabis 25,000.0 kilograms
(c) Heroin 2 kilograms
(d) Methamphetamine 2 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.
1. The accused possessed a substance; and
2. the substance was unlawfully imported; and
3. The substance is a border controlled drug or border controlled plant; and
4. The quantity possessed 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 Possessing Marketable Quantities of Unlawfully Imported Border Controlled Drugs or Border Controlled Plants is 25 years imprisonment or 5000 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 possess a substance.
- The substance was not a border controlled drug or border controlled plant.
- The quantity possessed was not a commercial quantity.
- The substance was not imported.
- The accused neither intended, nor believed that another person intended, to sell any of the border controlled drug or any of the border controlled plant or its products.
- The accused did not know that the border controlled drug or border controlled plant was unlawfully imported.