Criminal Code Act 1995
Section 3CHAPTER 9 - DANGERS TO THE COMMUNITY Part 9.1 - Serious drug offences
A person commits an offence if:
(a) the person procures an individual to import or export a substance; and
(b) the individual is a child; and
(c) the substance is a border controlled drug or border controlled plant; and
(d) the quantity imported or exported is a marketable quantity.
Penalty: Imprisonment for life or 7,500 penalty units, or both.(2)
Strict liability applies to paragraph (1)(b). (3)
The fault element for paragraph (1)(c) is recklessness. (4)
Absolute liability applies to paragraph (1)(d).
Section 313.4 provides a partial defence in relation to the matter in paragraph (1)(d).(5)
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 (5) (see section 13.4 ).
A person who does not commit an offence against this section because he or she proves the matters in subsection (5) may, however, have committed an offence against section 309.2 (supplying controlled drugs to children).