Document ID: chunk:federal_register_of_legislation:C2005A00129:clause:1_1:p25
Version: federal_register_of_legislation:C2005A00129
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 25/42)
Character Range: 68128–70936

element for paragraph (1)(c) is recklessness.

309.12  Procuring children for importing or exporting marketable quantities of border controlled drugs or border controlled plants

 (1) A person commits an offence if:
 (a) the person procures an individual to import or export a substance; and
 (b) the individual is a child; and
 (c) the substance is a border controlled drug or border controlled plant; and
 (d) the quantity imported or exported is a marketable quantity.

Penalty: Imprisonment for life or 7,500 penalty units, or both.

 (2) Strict liability applies to paragraph (1)(b).

 (3) The fault element for paragraph (1)(c) is recklessness.

 (4) Absolute liability applies to paragraph (1)(d).

Note: Section 313.4 provides a partial defence in relation to the matter in paragraph (1)(d).

 (5) Subsection (1) does not apply if the person proves that he or she neither intended, nor believed that another person intended, to sell any of the border controlled drug or any of the border controlled plant or its products.

Note 1: A defendant bears a legal burden in relation to the matters in subsection (5) (see section 13.4).

Note 2: A person who does not commit an offence against this section because he or she proves the matters in subsection (5) may, however, have committed an offence against section 309.2 (supplying controlled drugs to children).

309.13  Procuring children for importing or exporting border controlled drugs or border controlled plants

 (1) A person commits an offence if:
 (a) the person procures an individual to import or export a substance; and
 (b) the individual is a child; and
 (c) the substance is a border controlled drug or border controlled plant.

Penalty: Imprisonment for 25 years or 5,000 penalty units, or both.

 (2) Strict liability applies to paragraph (1)(b).

 (3) The fault element for paragraph (1)(c) is recklessness.

 (4) Subsection (1) does not apply if the person proves that he or she neither intended, nor believed that another person intended, to sell any of the border controlled drug or any of the border controlled plant or its products.

Note 1: A defendant bears a legal burden in relation to the matters in subsection (4) (see section 13.4).

Note 2: A person who does not commit an offence against this section because he or she proves the matters in subsection (4) may, however, have committed an offence against section 309.2 (supplying controlled drugs to children).

309.14  Procuring children for importing or exporting marketable quantities of border controlled precursors

 (1) A person commits an offence if:
 (a) the person procures an individual to import or export a substance; and
 (b) either or both of the following apply:
 (i) the person intends to use any of the substance to manufacture a controlled drug;
 (ii)