Document ID: chunk:federal_register_of_legislation:C2025C00060:section:2:p14
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 2 (pt 14/169)
Character Range: 1223194–1226140

border controlled drug or any of the border controlled plant or its products.
 (5) Subsection (1) does not apply if the person proves that the border controlled drug or border controlled plant was not unlawfully imported.
Note: A defendant bears a legal burden in relation to the matters in subsections (4) and (5) (see section 13.4).

307.10  Possessing border controlled drugs or border controlled plants reasonably suspected of having been unlawfully imported
 (1) A person commits an offence if:
 (a) the person possesses a substance; and
 (b) the substance is reasonably suspected of having been unlawfully imported; and
 (c) the substance is a border controlled drug or border controlled plant, other than a determined border controlled drug or a determined border controlled plant.
Penalty: Imprisonment for 2 years or 400 penalty units, or both.
 (2) Absolute 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 the border controlled drug or border controlled plant was not unlawfully imported.
Note: A defendant bears a legal burden in relation to the matter in subsection (4) (see section 13.4).

Subdivision D—Importing and exporting border controlled precursors

307.11  Importing and exporting commercial quantities of border controlled precursors
 (1) A person commits an offence if:
 (a) the person imports or exports a substance; and
 (c) the substance is a border controlled precursor; and
 (d) the quantity imported or exported is a commercial quantity.
Penalty: Imprisonment for 25 years or 5,000 penalty units, or both.
 (2) The fault element for paragraph (1)(c) is recklessness.
 (3) Absolute liability applies to paragraph (1)(d).

307.12  Importing and exporting marketable quantities of border controlled precursors
 (1) A person commits an offence if:
 (a) the person imports or exports a substance; and
 (c) the substance is a border controlled precursor; and
 (d) the quantity imported or exported is a marketable quantity.
Penalty: Imprisonment for 15 years or 3,000 penalty units, or both.
 (2) The fault element for paragraph (1)(c) is recklessness.
 (3) Absolute liability applies to paragraph (1)(d).

307.13  Importing and exporting border controlled precursors
 (1) A person commits an offence if:
 (a) the person imports or exports a substance; and
 (c) the substance is a border controlled precursor.
Penalty: Imprisonment for 7 years or 1,400 penalty units, or both.
 (2) The fault element for paragraph (1)(c) is recklessness.

Division 308—Possession offences

308.1  Possessing controlled drugs
 (1) A person commits an offence if:
 (a) the person possesses a substance; and
 (b) the substance is a controlled drug, other than a determined controlled drug.
Penalty: Imprisonment for 2 years or 400 penalty units, or both.
 (2) The fault element for paragraph (1)(b) is recklessness.
 (3) If:
 (a)