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Importing And Exporting Border Controlled Precursors

What the law says

Sections 307.13 of the Commonwealth Criminal Code states:

(1) A person commits an offence if:

(a) the person imports or exports a substance; and

(b) either or both the following apply:

(i) the person intends to use any of the substance to manufacture a controlled drug;

(ii) the person believes that another person intends to use any of the substance to manufacture a controlled drug; and

(c) the substance is a border controlled precursor; and

(2) The fault element for paragraph (1)(c) is recklessness.

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 imports or exports a substance; and

2. The substance is a border controlled precursor; and

3. The accused intended to use the substance to manufacture a controlled drug;

4. The person believes that another person intends to use any of the substance to manufacture a controlled drug.

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.

Maximum penalty

The Maximum penalty for the offence of Importing and Exporting Border Controlled Precursors is 7 years imprisonment or 1400 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

Possible defences to this offence include but are not limited to

  1. The accused did not import or export a substance.
  2. The substance was not a border controlled drug or border controlled plant.
  3. The accused did not intend to use any of the substance to manufacture a controlled drug.
  4. The person did not believe that another person intends to use any of the substance to manufacture a controlled drug
  5. In relation to Section (1)(b)(i) the accused did not intend or believe another person intended to sell any of the controlled drug manufactured.
  6. In relation to Section (1)(b)(ii), although the accused believed that the other person intended to use the substance to manufacture a controlled drug, he or she did not intend to sell any of the substance to the other person.
 

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