Drug Importation/Exportation
Drug importation is a federal offence under division 307 of the Criminal Code Act 1995 (Cth). The Criminal Code defines drug importation as a person who imports or exports a substance, and the substance is a border-controlled drug or border-controlled plant.
The Criminal Code Regulation 2019 (Cth) Schedule 2 outlines the various quantities associated with each border-controlled substance which greatly impact sentencing should an individual be found guilty.
Importation Includes:
Importing or exporting a substance into Australia
Bringing the substance into Australia
Dealing with the substance in connection with its importation
What Must the Prosecution Prove?
The Prosecution must prove these elements beyond a reasonable doubt:
You imported or exported a substance, and
You intended to import or export a substance and were reckless as to the substance being a boarded controlled drug
Maximum Penalties
The maximum penalty is reserved for cases that are the most serious. The penalty you will receive will depend on your circumstances and the nature of your particular offence. In NSW, a court can impose any of the following penalties:
Fine
Dismissal Without Conviction
Conditional Release Order (CRO)
Community Correction Order (CCO)
Intensive Correction Order (ICO)
Conviction Without Penalty
Deferral for Rehabilitation
Imprisonment
Defences
Some possible defences available to these charges can include:
Lack of Commercial intent – You 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.
You were coerced or threatened to act a certain way under the circumstances (Duress)
Your actions were necessary to prevent serious injury (Necessity)