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Possessing a marketable quantity of border controlled drugs or plants reasonably suspected of being unlawfully imported is an offence under section 307.9 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:
‘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 drug or plant, but went ahead with your actions regardless.
Marketable quantities of frequently prosecuted border controlled drugs and plants include:
You are not guilty of the offence if you establish to the court ‘on the balance of probabilities’ that the substance was not unlawfully imported.
A defence to the charge is ‘duress’, which is where:
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