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Importing or Exporting a Marketable Quantity of Border Controlled Precursor

Importing or Exporting a Marketable Quantity of Border Controlled Precursor is an offence under Section 307.12 of the Criminal Code Act 1995 which carries a maximum penalty of 15 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 border controlled precursor, and
  3. You knew, or were reckless as to whether, the substance was a border controlled precursor

‘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 precursor but went ahead with your actions regardless.

Examples of a ‘commercial quantity’ of border controlled precursor are:

  • At least 0.75 grams but less than 750 grams of 3,4-Methylenedioxyphenyl-2-propanone
  • At least 3.2 grams but less than 1.2 kgs of ephedrine, pseudoephedrine or phenylpropanolamine
  • At least 1.45 grams but less than 1.45 kgs of Isosafrole
  • At least 1.6 grams but less than 1.6 kgs of Piperonal
  • At least 5.4 grams but less than 2.03 kgs of Phenyl-2-propanone
  • At least 10.8 grams but less than 4.05 kgs of Phenylacetic acid

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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