Document ID: chunk:federal_register_of_legislation:C2005A00129:clause:1_1:p17
Version: federal_register_of_legislation:C2005A00129
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 17/42)
Character Range: 47652–50550

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 substance is a border controlled drug or 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 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).

Subdivision C—Possessing border controlled drugs or border controlled plants reasonably suspected of having been unlawfully imported

307.8  Possessing commercial quantities of border controlled drugs or border