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:
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:
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.
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