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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:
‘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:
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