What is import-export border-controlled drugs of plants?

The importation or exportation of border-controlled drugs or plants is a Federal Offence that is defined in Regulation 300.2 of the Criminal Code Act 1995 as follows:

“export” includes take from Australia.

“import” in relation to a substance, means import the substance into Australia and includes:

  1. bring the substance into Australia; and
  2. deal with the substance in connection with its importation.

Knowledge or recklessness that the substance imported or exported is a border-controlled drug is enough to warrant a conviction of the charge.

Here, being reckless means to continue in the importation or exportation process regardless of a strong suspicion that the substance is a border-controlled drug.

The seriousness of the offence depends on the quantity of the border-controlled drug being imported or exported.

  • A commercial quantity is the most serious offence under this division.
  • A marketable quantity is less serious than a commercial quantity.
  • A quantity less than the marketable quantity is less serious than a marketable or commercial quantity.

What is the maximum penalty for this offence?

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