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Importing or Exporting a Marketable Quantity of a Border Controlled Drug

Importing or Exporting a Marketable Quantity of a Border Controlled Drug is a crime under Section 307.2 of the Criminal Code Act 1995 which carries a maximum penalty of 25 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 marketable quantity of 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.

Examples of ‘marketable quantities’ are:

  • At least 0.5 grams but less than 500 grams of MDMA (or ‘ecstacy’)
  • At least 2 grams but less than 750 grams of amphetamines
  • At least 2 grams but less than 1.5 kgs of heroin
  • At least 2 grams but less than 2 kgs of cocaine, and
  • At least 25 kgs but less than 100 kgs of cannabis leaf

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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