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Procuring a Child by Payment to Import or Export a Border Controlled Precursor used for Drug Manufacture

Procuring a child by payment to import or export a border controlled precursor used for drug manufacture is an offence under section 309.15(1)(a)(b)(ii) 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 procured a person to import or export a substance
  2. The person was a child
  3. The substance was a border controlled precursor
  4. You knew or were reckless as to whether the substance was a border controlled precursor, and
  5. You believed another intended to use any of the substance to manufacture a controlled drug.

To ‘procure’ is to persuade or cause.

To ‘import’ is to bring into Australia or deal 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.

Border controlled precursors include:

  1. Lysergic acid
  2. Chloroephedrine and Chloropseudoephedrine
  3. Ephedrine or pseudoephedrine
  4. Isosafrole, and
  5. Phenylacetic acid.

You are not guilty of the offence if you establish to the court ‘on the balance of probabilities’ that you did not intend to sell any of the substance to a child.

A ‘child’ is a person under the age of 18 years.

Duress and necessity are defences to the charge.

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