Document ID: chunk:federal_register_of_legislation:C2005A00129:clause:1_1:p16
Version: federal_register_of_legislation:C2005A00129
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 16/42)
Character Range: 45030–47926

307.1  Importing and exporting commercial quantities of border controlled drugs or border controlled plants

 (1) A person commits an offence if:
 (a) the person imports or exports a substance; and
 (b) the substance is a border controlled drug or border controlled plant; and
 (c) the quantity imported or exported is a commercial quantity.

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

 (2) The fault element for paragraph (1)(b) is recklessness.

 (3) Absolute liability applies to paragraph (1)(c).

307.2  Importing and exporting marketable quantities of border controlled drugs or border controlled plants

 (1) A person commits an offence if:
 (a) the person imports or exports a substance; and
 (b) the substance is a border controlled drug or border controlled plant; and
 (c) the quantity imported or exported is a marketable quantity.

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

 (2) The fault element for paragraph (1)(b) is recklessness.

 (3) Absolute liability applies to paragraph (1)(c).

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

307.3  Importing and exporting border controlled drugs or border controlled plants

 (1) A person commits an offence if:
 (a) the person imports or exports a substance; and
 (b) the substance is a border controlled drug or border controlled plant.

Penalty: Imprisonment for 10 years or 2,000 penalty units, or both.

 (2) The fault element for paragraph (1)(b) is recklessness.

 (3) 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: A defendant bears a legal burden in relation to the matters in subsection (3) (see section 13.4).

307.4  Importing and exporting border controlled drugs or border controlled plants—no defence relating to lack of commercial intent

 (1) A person commits an offence if:
 (a) the person imports or exports a substance; and
 (b) the substance is a border controlled drug or border controlled plant.

Penalty: Imprisonment for 2 years, or 400 penalty units, or both.

 (2) The fault element for paragraph (1)(b) is recklessness.

Subdivision B—Possessing unlawfully imported border controlled drugs or border controlled plants

307.5  Possessing commercial quantities of unlawfully imported border controlled drugs or border controlled plants

 (1) A person commits an offence if:
 (a) the person possesses a substance; and
 (b) the substance was unlawfully imported; and
 (c) the substance is