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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:

  1. You imported or exported a substance
  2. The substance was a border controlled precursor
  3. You knew the substance was a border controlled precursor

Or were reckless in that regard, and

  1. 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:

  1. Your actions were due to a threat of death or serious injury

To you and/or someone close to you

  1. There was no reasonable way for you to render the threat ineffective, and
  2. Your conduct was a reasonable response to the threat

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