Importing or Exporting a Commercial Quantity of Border Controlled Precursor
Importing or Exporting a Commercial Quantity of Border Controlled Precursor
Is an offence under section 307.11 of the Criminal Code Act 1995 (Cth)
Which carries a maximum penalty of 25 years in prison
To establish the offence, the prosecution must prove beyond reasonable doubt that:
- You imported or exported a substance
- The substance was a border controlled precursor
- You knew the substance was a border controlled precursor
Or were reckless in that regard, and
- The amount of the substance was at least the commercial quantity
‘Imported’ means brought into Australia or dealt with in connection therewith
You were ‘reckless’ if you were aware it was likely that
the substance was a border controlled precursor
But went ahead with your actions regardless
Commercial quantities of border controlled precursors include:
At least 3 grams of lysergic acid
At least 1.153 kilograms of Chloroephedrine or Chloropseudoephedrine
At least 1.2 kilograms of ephedrine or pseudoephedrine
At least 1.45 kilograms of isosafrole, or
At least 4.05 kilograms of phenylacetic acid
A defence to the charge is ‘duress’, which is where:
- Your actions were due to a threat of death or serious injury
To you and/or someone close to you
- There was no reasonable way for you to render the threat ineffective, and
- Your conduct was a reasonable response to the threat
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