The offences regarding importation and exportation of prohibited drugs are set out in the Commonwealth Criminal Code which can be located within the Criminal Code Act 1995 (Cth).
What the law states
Section 307.3 of the Criminal Code states:
(1) A person commits an offence if:
(a) the person imports or exports a substance; and
(b) the substance is a border controlled drug or border controlled plant.
If the offence involves a marketable or commercial quantity, absolute liability applies to the offence. This means that the defence or excuse of honest and reasonable mistake/belief is excluded from use. The offence is decided upon the actus reus (the actual acts committed), and the mens rea (intent) is not considered.
Defences
Defences to this offence include duress and necessity. Also, if the person proves that he or she neither intended, nor believed that another person intended to sell any of the border controlled drug or any of the border controlled plant or its products.
Penalties
The maximum penalty for importing and exporting prohibited drugs or plants into Australia is $220,000 or 10 years imprisonment or both.
If there is a marketable quantity of drugs, the maximum penalty is $550,000 or 25 years imprisonment or both (307.2 of the Criminal Code).
If there is a commercial quantity of drugs, the maximum penalty to this offence is $825,000 or imprisonment for life or both (307.1 of the Criminal Code).
How can Prime Lawyers help you?
At Prime Lawyers, we believe in justice and fairness. Should you be charged with this offence, our criminal lawyers will work tirelessly on your matter to ensure justice is served. We will explore all possible avenues for your matter to secure the best result for you.