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Importing or Exporting a Border Controlled Drug – General Offence

Importing or Exporting a Border Controlled Drug – General Offence is a crime under Section 307.3 of the Criminal Code Act 1995 which carries a maximum penalty of 10 years in prison.

To establish the offence, the prosecution must prove beyond reasonable doubt that:

  1. You intentionally imported or exported a substance
  2. The substance was a border controlled drug or plant, and
  3. You knew or were reckless as to whether the substance was a border controlled drug or plant

‘Import’ includes to bring into Australia, and to deal with the substance in connection with its importation.

‘Export’ means to take from Australia.

You were ‘reckless’ if you were aware it was likely that the substance was a border controlled drug or plant but went ahead with your actions regardless.

A defence to the charge is ‘duress’, which means:

  1. Your actions were due to a threat of death or serious injury to you and/or a member of your family
  2. There was no reasonable way to render the threat ineffective, and
  3. Your conduct was a reasonable response to the threat

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