Document ID: chunk:federal_register_of_legislation:C2025C00060:section:2:p12
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 2 (pt 12/169)
Character Range: 1217912–1220783

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, 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) 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 a border controlled drug or border controlled plant; and
 (d) the quantity possessed is a commercial quantity.
Penalty: Imprisonment for life or 7,500 penalty units, or both.
 (2) Absolute liability applies to paragraphs (1)(b) and (d).
 (3) The fault element for paragraph (1)(c) is recklessness.
 (4) Subsection (1) does not apply if the person proves that he or she did not know that the border controlled drug or border controlled plant was unlawfully imported.
Note: A defendant bears a legal burden in relation to the matter in subsection (4) (see section 13.4).

307.6  Possessing marketable 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 a border controlled drug or border controlled plant; and
 (d) the quantity possessed is a marketable quantity.
Penalty: Imprisonment for 25 years or 5,000 penalty units, or both.
 (2) Absolute liability applies to paragraphs (1)(b) and (d).
 (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.
 (5) Subsection (1) does not apply if the person proves that he or she did not know that the border controlled drug or border controlled plant was unlawfully imported.
Note: A defendant bears a legal burden in relation to the matters in subsections (4) and (5) (see section 13.4).

307.7  Possessing 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