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Procuring a Child to Import or Export a Marketable Quantity of Border Controlled Precursor

Procuring a child to import or export a marketable quantity of border controlled precursor is an offence under section 309.14(1)(a)(b)(ii) of the Criminal Code Act 1995 (Cth), which carries a maximum penalty of life 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. You knew or were reckless as to whether the substance was a border controlled precursor, and
  4. The amount of the substance was a marketable quantity

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.

Marketable quantities of border controlled precursors include:

  • At least .003 grams of lysergic acid
  • At least 3.07 grams of Chloroephedrine or Chloropseudoephedrine
  • At least 3.2 grams of ephedrine or pseudoephedrine
  • At least 1.45 grams of isosafrole, and
  • At least 10.8 grams of phenylacetic acid

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.

Duress and necessity are defences to the charge.

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