Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 9 - DANGERS TO THE COMMUNITY  

Part 9.1 - Serious drug offences  

Division 307 - Import-export offences  

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

SECTION 307.10   Possessing border controlled drugs or border controlled plants reasonably suspected of having been unlawfully imported  

(1)    
A person commits an offence if:

(a) the person possesses a substance; and

(b) the substance is reasonably suspected of having been unlawfully imported; and

(c) 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.

(2)    
Absolute liability applies to paragraph (1)(b).

(3)    
The fault element for paragraph (1)(c) is recklessness.

(4)    
Subsection (1) does not apply if the person proves that the border controlled drug or border controlled plant was not unlawfully imported.

Note:

A defendant bears a legal burden in relation to the matter in subsection (4) (see section 13.4 ).