What the law states
This offence is outlined in the Commonwealth Criminal Code which is located within the Criminal Code Act 1995 (Cth). Section 307.13 of the Criminal Code states that:
(1) A person commits an offence if:
(a) the person imports or exports a substance; and
(b) either or both of the following apply:
(i) the person intends to use any of the substance to manufacture a controlled drug;
(ii) the person believes that another person intends to use any of the substance to manufacture a controlled drug; and
(c) the substance is a border controlled precursor.
Defences
Defences to this offence include duress and necessity. Also, in relation to subparagraph (1)(b)(i), if the person proves that he or she neither intended, nor believed that another person intended, to sell any of the controlled drug so manufactured, or in relation to subparagraph (1)(b)(ii), if the person proves that, although he or she believed that the other person intended to use the substance to manufacture a controlled drug, he or she did not intend to sell any of the substance to the other person.
Penalty
The maximum penalty for this offence is $154,000 or 7 years imprisonment or both.
If the amount of border controlled precursors is a marketable quantity, the maximum penalty is $330,000 or imprisonment for 15 years, or both.
The penalty increases where the amount is a commercial quantity. The maximum penalty becomes $550,000, or imprisonment for 25 years or both.
How can Prime Lawyers help you?
Our criminal lawyers at Prime are experienced in dealing with drug offences such as this. They will carefully examine your matter and discuss any possible defences with you, advising you on the most suitable and favourable path to follow.