Importation

A person who imports or exports a border controlled drug, plant or precursor substance may be guilty of an offence [Criminal Code Act 1995 (Cth) ss 307.1 – 307.4]. Precursor substances are substances used to manufacture drugs.

Border controlled drugs include but are not limited to substances such as cannabis, heroin, cocaine, gamma-Butyrolactone (GBL), ecstasy (MDMA), methamphetamine or precursor chemicals such as pseudoephedrine. A full list of border controlled drugs can be found in Schedule 4 of the Criminal Code Regulations 2002 (Cth).

As importation/exportation is rarely carried out by a single person, related charges often include extension of criminal liability provisions involving conspiracy, joint commission or accessorial liability in order to prosecute all those involved in the process of importation.

The maximum penalties for importing/exporting border controlled drugs/plants are:

• Commercial quantity (usually measured in kilograms): Life imprisonment
• Marketable quantity (usually measured in grams): 25 years’ imprisonment
• Any quantity (i.e., less than a marketable quantity): 10 years’ imprisonment

The maximum penalties for importing/exporting border controlled precursors are:

• Commercial quantity (usually measured in kilograms): 25 years’ imprisonment
• Marketable quantity (usually measured in grams): 15 years’ imprisonment
• Any quantity (i.e., less than a marketable quantity): 7 years’ imprisonment

It may be a defence to the charge that you:

• were under duress;
• have a factual dispute;
• had a lack of intention;
• identification dispute; or
• suffer from a mental impairment.

The prosecution must prove that you:

• Intended to import or export a substance;
• Knew that the substance was a border controlled drug, plant or precursor substance (or you were reckless to think otherwise);
• Have imported/exported a quantity of a controlled substance that is either a commercial quantity, marketable quantity or some quantity less than a marketable quantity, depending on the charge.

Whether the quantity is a commercial or marketable quantity depends on the type of substance. For example, a commercial quantity of cannabis is a minimum of 100 kilograms and a marketable quantity of cannabis is a minimum of 25 kilograms. On the other hand, a commercial quantity of cocaine is a minimum of 2 kilograms and a marketable quantity of cocaine is a minimum of 2 grams.

A full list of border controlled drugs and the relevant quantities is provided in Schedule 4 of the Criminal Code Regulations 2002 (Cth).