Document ID: chunk:federal_register_of_legislation:C2025C00060:section:2:p11
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 2 (pt 11/169)
Character Range: 1215362–1218170

all of it to manufacture a controlled drug, the person is taken to have done so with the intention of selling some or all of the drug so manufactured, or believing that another person intended to sell some or all of the drug so manufactured.
 (4) Subsection (3) does not apply if the person proves that he or she had neither that intention nor belief.
Note: A defendant bears a legal burden in relation to the matters in subsection (4) (see section 13.4).

Division 307—Import‑export offences

Subdivision A—Importing and exporting border controlled drugs or border controlled plants

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)