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Importing And Exporting Border Controlled Precursors

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Importing and Exporting Border Controlled Precursors is found in section 307.13 of the Criminal Code Act 1995. It is a criminal offence that is committed by a person who intentionally or recklessly imported or exported precursors (which are substances used to manufacture drugs).

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

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.

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, 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

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