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Importing and Exporting Commercial Quantities Of Border Controlled Drugs Or Border Controlled Plants

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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 Commercial Quantities of Border Controlled Drugs or Border Controlled Plants?

This Commonwealth offence under Section 307.1 of the Criminal Code Act 1995 applies to the importation or exportation of a border controlled drug or border controlled plant where the quantity involved meets the threshold for a commercial quantity. It is treated as one of the most serious drug offences under federal law.

Key points

Elements: Importing or exporting, a border controlled drug or plant, and a commercial quantity.
Conduct: Physical import or export of prohibited substances across Australia’s border.
Court: County Court.

Maximum penalty: Imprisonment for life or 7,500 penalty units ($1,568,250.00 as at 2026-27), or both.

Defences: Lack of import/export involvement; no knowledge of the controlled substance.

Have you been accused of Importing and Exporting Commercial Quantities of Border Controlled Drugs or Border Controlled Plants?

Police Interview

Do not treat the police interview as a chance to tell your side of the story or shift blame to another person and hope for the matter to go away. There is very little to be gained from speaking to the Police about allegations they are making against you. The interview will be shown in Court and any admissions you make will be used against you. The purpose of the interview is to try to fill the gaps in the Police story. It is the Police’s job to prove any case against you. You are not obligated to assist them.

Pleading Not Guilty

For serious charges such as these it is important to obtain the best possible legal representation. Our lawyers are experts and we have several accredited criminal law specialists who work at our firm. We can distinguish ourselves from other firms by offering experienced in-house trial counsel who can assist you with preparing your trial from the very first meeting. Our lawyers will ensure that the Prosecution prove their case against you.

Pleading Guilty

When entering a plea it is important to ensure you are entering a plea to the fairest possible set of charges. We can conference with the Police and advocate on your behalf for charges to be reduced or for fairer quantities to be alleged. The difference between initial charges filed and charges that are properly case conferenced could mean years off your sentence.

Sentencing

Sentencing in the higher courts of Victoria

Source: Sentencing Advisory Council of Victoria (SACStat), Criminal Code Act 1995 (Cth) s 307.1 — 36 charges across 32 cases, higher courts, 1 July 2019 – 30 June 2024.

Outcome	%
Imprisonment	97.2%
Community Correction Order	2.8%

The data demonstrates that custody is overwhelmingly the expected outcome for this offence, reflecting its extreme seriousness and the significant quantities involved. Non-custodial options are exceptionally rare. In determining sentence, the court will consider factors such as the quantity imported, the offender’s role, any financial motivation and prior history. Given the near certainty of a term of imprisonment, detailed preparation, early plea strategy and strong advocacy are critical to limiting the length and conditions of sentence.

Which court will the case be heard in?

This offence is heard in the County Court.

Examples of Importing and Exporting Commercial Quantities of Border Controlled Drugs or Border Controlled Plants

A woman exports 1,000 Cannabis plants.
A man imports 10kgs of Cocaine.

What is the legal definition of Importing and Exporting Commercial Quantities of Border Controlled Drugs or Border Controlled Plants?

A person imported or exported a commercial quantity of a border controlled drug or plant.

Legislation

The section that covers this offence is section 307.1 of the Criminal Code Act 1995.

Elements of the offence

The elements of this charge are:

The accused imported or exported a substance; and
The substance is a border controlled drug or border controlled plant; and
The quantity imported or exported is a commercial quantity.

Defences

You did not import or export the drug.
There was no way you knew you were importing a controlled drug.

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 drug?
Did someone force you to carry a drug?
Did you know what you were carrying?

Did you know you had drugs in your luggage?

Questions a Judge will ask a jury

A Judge presiding over a trial for this offence may ask the jury to consider:

If the substance is a border-controlled drug or plant;
How much of the substance is a border-controlled drug or plant;
If the accused was aware or reckless as to the presence of the substance;
If the quantity is a commercial quantity;
If there were any intervening acts, for instance a swap of suitcases if the accused was travelling by plane.

Maximum penalty for section 307.1 of the Criminal Code Act 1995

The maximum penalty for Importing and Exporting Commercial Quantities Of Border Controlled Drugs Or Border Controlled Plants (s307.1 of the Criminal Code Act 1995) is imprisonment for life or a fine of 7,500 penalty units ($1,568,250.00 as at 2026-27), or both.

Other important resources

FAQ about Importing and Exporting Commercial Quantities of Border Controlled Drugs or Border Controlled Plants

What is considered a “commercial quantity” for this offence?

A commercial quantity is a threshold amount defined under Commonwealth drug laws for each specific border controlled drug or border controlled plant. If the quantity imported or exported meets or exceeds that threshold, the offence of importing or exporting a commercial quantity applies.

Does the offence apply to both drugs and plants?

Yes. The offence covers both border controlled drugs and border controlled plants. The prosecution must prove that the substance involved falls within one of these categories and that it meets the required quantity threshold.

What must be proven to establish this offence?

The prosecution must prove that a person imported or exported a substance, that the substance was a border controlled drug or border controlled plant, and that the amount involved was a commercial quantity. Each of these elements must be established beyond reasonable doubt.

Is knowledge of the substance relevant to the charge?

Knowledge is relevant. Issues may arise about whether the accused knew they were importing or exporting a controlled substance, or whether they were reckless as to its presence. These matters can be central to whether criminal responsibility is established.

What issues may be examined by a jury?

A jury may be required to consider whether the substance was a border controlled drug or plant, how much of the substance was a controlled drug or plant, whether the accused was aware of it, whether the quantity was commercial, and whether any intervening acts affected responsibility.