Commonwealth Offences

Importing and exporting border controlled drugs or border controlled plants

Importing and exporting commercial quantities of border controlled drugs or border controlled plants
A person commits an offence if:
- the person imports or exports a substance; and
- the substance is a border controlled drug or border controlled plant; and
- the quantity imported or exported is a commercial quantity.
Penalty:  Imprisonment for life or 7,500 penalty units, or both.

Importing and exporting marketable quantities of border controlled drugs or border controlled plants
A person commits an offence if:
- the person imports or exports a substance; and
- the substance is a border controlled drug or border controlled plant; and
- the quantity imported or exported is a marketable quantity.
Penalty:  Imprisonment for 25 years or 5,000 penalty units, or both.

Importing and exporting border controlled drugs or border controlled plants
A person commits an offence if:
- the person imports or exports a substance; and
- the substance is a border controlled drug or border controlled plant.
Penalty:  Imprisonment for 10 years or 2,000 penalty units, or both.

Importing and exporting border controlled drugs or border controlled plants--no defence relating to lack of commercial intent
A person commits an offence if:
- the person imports or exports a substance; and
- the substance is a border controlled drug or border controlled plant, other than a determined border controlled drug or a determined border controlled plant.
Penalty:  Imprisonment for 2 years, or 400 penalty units, or both.

Possessing unlawfully imported border controlled drugs or border controlled plants

Possessing commercial quantities of unlawfully imported border controlled drugs or border controlled plants
A person commits an offence if:
- the person possesses a substance; and
- the substance was unlawfully imported; and
- the substance is a border controlled drug or border controlled plant; and
- the quantity possessed is a commercial quantity.
Penalty:  Imprisonment for life or 7,500 penalty units, or both.

Possessing marketable quantities of unlawfully imported border controlled drugs or border controlled plants
A person commits an offence if:
- the person possesses a substance; and
- the substance was unlawfully imported; and
- the substance is a border controlled drug or border controlled plant; and
- the quantity possessed is a marketable quantity.
Penalty:  Imprisonment for 25 years or 5,000 penalty units, or both.

Possessing unlawfully imported border controlled drugs or border controlled plants
A person commits an offence if:
- the person possesses a substance; and
- the substance was unlawfully imported; and
- the substance is a border controlled drug or border controlled plant, other than a determined border controlled drug or a determined border controlled plant.
Penalty:  Imprisonment for 2 years or 400 penalty units, or both.

Possessing border controlled drugs or border controlled plants reasonably suspected of having been unlawfully imported

Possessing commercial quantities of border controlled drugs or border controlled plants reasonably suspected of having been unlawfully imported
A person commits an offence if:
- the person possesses a substance; and
- the substance is reasonably suspected of having been unlawfully imported; and
- the substance is a border controlled drug or border controlled plant; and
- the quantity possessed is a commercial quantity.
Penalty: Imprisonment for life or 7,500 penalty units, or both.

Possessing marketable quantities of border controlled drugs or border controlled plants reasonably suspected of having been unlawfully imported
A person commits an offence if:
- the person possesses a substance; and
- the substance is reasonably suspected of having been unlawfully imported; and
- the substance is a border controlled drug or border controlled plant; and
- the quantity possessed is a marketable quantity.
Penalty:  Imprisonment for 25 years or 5,000 penalty units, or both.

Possessing border controlled drugs or border controlled plants reasonably suspected of having been unlawfully imported
A person commits an offence if:
- the person possesses a substance; and
- the substance is reasonably suspected of having been unlawfully imported; and
- the substance is a border controlled drug or border controlled plant, other than a determined border controlled drug or a determined border controlled plant.
Penalty:  Imprisonment for 2 years or 400 penalty units, or both.

Importing and exporting border controlled precursors

Importing and exporting commercial quantities of border controlled precursors
A person commits an offence if:
- the person imports or exports a substance; and
- either or both of the following apply:
- the person intends to use any of the substance to manufacture a controlled drug;
- the person believes that another person intends to use any of the substance to manufacture a controlled drug; and
- the substance is a border controlled precursor; and
- the quantity imported or exported is a commercial quantity.
Penalty:  Imprisonment for 25 years or 5,000 penalty units, or both.

Importing and exporting marketable quantities of border controlled precursors
A person commits an offence if:
- the person imports or exports a substance; and
- either or both of the following apply:
- the person intends to use any of the substance to manufacture a controlled drug;
- the person believes that another person intends to use any of the substance to manufacture a controlled drug; and
- the substance is a border controlled precursor; and
- the quantity imported or exported is a marketable quantity.
Penalty:  Imprisonment for 15 years or 3,000 penalty units, or both.

Importing and exporting border controlled precursors
A person commits an offence if:
- the person imports or exports a substance; and
- either or both of the following apply:
- the person intends to use any of the substance to manufacture a controlled drug;
- the person believes that another person intends to use any of the substance to manufacture a controlled drug; and
- the substance is a border controlled precursor.
Penalty:  Imprisonment for 7 years or 1,400 penalty units, or both.

Need our Help?

Contact David Barrese & Associates
24 hours a day, 7 days a week on 9600 0688 OR email us