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Importing And Exporting Border Controlled Precursors

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Bill Doogue

Author: Bill Doogue

Practice area: commonwealth offences

Bill is a founding Director of Doogue + George, ranked by Doyle's Guide as a Preeminent Criminal Defence Lawyer in Victoria (2026) and an LIV Accredited Criminal Law Specialist since 1998 with over 30 years of experience in complex criminal and corporate matters. His depth of experience in this area means clients receive accurate, considered advice.

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Bill authored this content and last revised it for accuracy on 6 August 2026.

What is the offence of Importing and Exporting Border Controlled Precursors?

This offence under Criminal Code Act 1995 – Section 307.13 concerns the unlawful importation into, or exportation from, Australia of substances classified as border controlled precursors under Commonwealth law. These substances are regulated because of their use in the manufacture of illicit drugs, and strict controls apply to their movement across Australia’s borders.

Key points

  • Elements: Importing or exporting a substance that is a border controlled precursor.
  • Conduct: Bringing precursors into Australia or sending them overseas without lawful authority.
  • Court: County Court (depending on the quantity involved).

The maximum penalty for Importing and Exporting Border Controlled Precursors is 7 years’ imprisonment or a fine of 1,400 penalty units ($292,740.00 - as at 2026-27), or both.

Common defences may include lack of knowledge that the substance was a border controlled precursor, or that the substance was not imported or exported by the accused.

Have you been accused of Importing and Exporting Border Controlled Precursors?

Police Interview

If the Police are interviewing you in relation to importing or exporting border controlled precursors, they likely have other evidence against you. It is important to understand that a Police interview is not an opportunity for you to explain something that is suggested to you. The interview is used by police to fill gaps in their own narrative. It may be used in Court later to show that you are inconsistent in your explanation of events. Don’t help the Police make out their allegations against you by making admissions that will be used against you in Court.

Importing And Exporting Border Controlled Precursors

You should speak to a lawyer and get legal advice before beginning an interview with Police. We can attend the interview with you if necessary. Call us to arrange a conference before you attend a Police station for an interview.

Pleading Not Guilty

If you are contesting a charge of Importing and Exporting Border Controlled Precursors, it is important to not discuss the allegations over the phone or social media. The police may be monitoring your communications if they have charged you with offences such as these.

Our lawyers are experts in criminal procedure. We have in-house counsel who can represent you in Court. All our lawyers work extremely hard to look for flaws in the police case which can increase your chances of an acquittal. The prosecution must prove the charges beyond reasonable doubt.

Pleading Guilty

If you are pleading guilty the Court needs to be told about your be informed about the surrounding circumstances of your offending. Our lawyers appear in plea hearings in the Magistrates’, County and Supreme Courts every day and know how to persuade the Court to help you achieve the fairest outcome possible. Call our lawyers today to discuss how we can get the best result for you.

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.

Defences

  • 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 Importing And Exporting Border Controlled Precursors (s307.13 of the Criminal Code Act 1995) is imprisonment for 7 years or a fine of 1,400 penalty units ($292,740.00 – as at 2026-27), or both.

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

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.

Legislation

The section that covers this offence is section 307.13 of the Criminal Code Act 1995.

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.

Did you import or export something that can be used to make drugs?

Other Important Resources

 

FAQ about Importing and Exporting Border Controlled Precursors

What substances are considered border controlled precursors?
Border controlled precursors are chemicals regulated under Commonwealth law because they can be used to manufacture illicit drugs. Examples referred to in prosecutions include substances such as pseudoephedrine and ephedrine. These substances are not illegal in all circumstances, but their importation and exportation are tightly controlled.
Importing a border controlled precursor for personal use can still result in criminal charges. The offence focuses on the act of importing or exporting the substance itself, rather than the intended use. Personal use does not prevent the conduct from falling within the offence.
Yes. The offence applies equally to exporting border controlled precursors from Australia. Sending regulated precursor substances overseas without lawful authority can attract the same criminal liability as importing them into Australia.
The prosecution must establish that the accused intentionally or recklessly imported or exported the substance, and that the substance was a border controlled precursor. Disputes commonly arise about whether the accused knew, or was reckless as to whether, the substance was a regulated precursor.
The court may impose imprisonment, a fine, or both, up to the statutory maximum. Where the quantity involved is small and there are no relevant prior convictions, sentencing outcomes can include non-custodial orders such as a fine or a Community Corrections Order.