Importing And Exporting Border Controlled Precursors

– section 307.13 of the Criminal Code Act 1995

Precursors are substances that are used to manufacture drugs. It is a Federal offence to intentionally or recklessly import or export these substances.

Examples of Importing and Exporting Border Controlled Precursors
  • A man imports 600 grams of pseudoephedrine into Australia for his own use.
  • A woman exports 5kgs of Ephedrine.
What are some of the possible defences to a charge of Importing and Exporting Border Controlled Precursors?
  • You did not import or export a Border Controlled Precursor.
  • You had no reason to believe it was a Border Controlled Precursor.

There are other possible defences, depending on the circumstances surrounding the alleged offending. Each matter is unique and requires an individual approach and strategy.

Questions in cases like this
  • Can they prove you imported or exported the precursor?
  • Do you have a lawful reason as to why you imported the substance?

 

Maximum penalty and Court that deals with this charge

The maximum penalty for this offence is imprisonment for 7 years or a fine of 1,400 penalty units, or both.

This offence is normally heard in the County Court, depending on the weight of the precursor.

“Did you import or export something that can be used to make drugs?”
What is the legal definition of Importing and Exporting Border Controlled Precursors?

A person intentionally or recklessly imported or exported a substance that is a border controlled precursor.

Legislation

The section that covers this offence is section 307.13 of the Criminal Code Act 1995.1
 

What can you be sentenced to for this charge?

Depending on the amount of the substance you imported or exported, and if you have any similar prior convictions, you may get a prison sentence. However, if you have no prior convictions and there is a small amount, you could get a fine or a Community Corrections Order.

Other Important Resources

 


[1] Criminal Code Act 1995 – Section 307.13

(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.