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Procuring a child to import or export a border controlled precursor used for drug manufacture is an offence under section 309.15(1)(a)(b)(i) 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 any controlled drug manufactured using the precursor was not intended for sale.
A ‘child’ is a person under the age of 18 years.
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