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Possessing a Commercial Quantity of Unlawfully Imported Border Controlled Drug or Plant is an offence under Section 307.5 of the Criminal Code Act 1995 which carries a maximum penalty of life in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
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.
You are not guilty of the offence if you are able to establish, ‘on the balance of probabilities’, that you did not know the substance was unlawfully imported.
Examples of ‘commercial quantity’ include:
A defence to the charge is ‘duress’, which means:
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