Section 307.9 of the Criminal Code Act 1995 (Cth) is Possessing Marketable Quantity of Drugs Suspected of being Unlawfully Imported and is extracted below.
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The Legislation
307.9 Possessing marketable quantities of border controlled drugs or border controlled plants reasonably suspected of having been unlawfully imported
(1) A person commits an offence if:
(a) the person possesses a substance; and
(b) the substance is reasonably suspected of having been unlawfully imported; and
(c) the substance is a border controlled drug or border controlled plant; and
(d) the quantity possessed is a marketable quantity.
Penalty: Imprisonment for 25 years or 5,000 penalty units, or both.
(2) Absolute liability applies to paragraphs (1)(b) and (d).
(3) The fault element for paragraph (1)(c) is recklessness.
(4) 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.
(5) Subsection (1) does not apply if the person proves that the border controlled drug or border controlled plant was not unlawfully imported.
Note: A defendant bears a legal burden in relation to the matters in subsections (4) and (5) (see section 13.4).
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