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Procuring a Person to Import or Export a Border Controlled Precursor for Drug Manufacture

Procuring a person to import or export a border controlled precursor for drug manufacture is an offence under section 309.14(1)(a)(b)(i) 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. You knew or were reckless as to whether the substance was a border controlled precursor, and
  3. You 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.

You are not guilty if you establish to the court, ‘on the balance of probabilities’, that you did not intend, nor believe another intended, to sell any of the controlled drug ultimately manufactured

Border controlled precursors include:

  • lysergic acid, phenylacetic acid and isosafrole
  • Ephedrine and pseudoephedrine, and
  • Chloroephedrine and Chloropseudoephedrine

Border controlled drugs include:

  • Amphetamines, methamphetamines and MDMA (or ‘ecstasy’)
  • Heroin , cocaine and lysergic acid diethylamide (or LSD), and
  • Cannabis, cannabis oil and cannabis resin

Duress and necessity are defences to the charge.

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