Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3


Part 9.1 - Serious drug offences  

Division 307 - Import-export offences  

Subdivision A - Importing and exporting border controlled drugs or border controlled plants  

SECTION 307.2   Importing and exporting marketable quantities of border controlled drugs or border controlled plants  

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 marketable quantity.

Penalty: Imprisonment for 25 years or 5,000 penalty units, or both.

The fault element for paragraph (1)(b) is recklessness.

Absolute liability applies to paragraph (1)(c).

Subsection (1) does not apply if the person proves that he or she 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.


A defendant bears a legal burden in relation to the matters in subsection (4) (see section 13.4 ).

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