Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 9 - DANGERS TO THE COMMUNITY  

Part 9.1 - Serious drug offences  

Division 309 - Drug offences involving children  

SECTION 309.14   Procuring children for importing or exporting marketable quantities of border controlled precursors  

(1)    
A person commits an offence if:

(a) the person procures an individual to import or export 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 individual is a child; and

(d) the substance is a border controlled precursor; and

(e) the quantity imported or exported is a marketable quantity.

Penalty: Imprisonment for life or 7,500 penalty units, or both.

(2)    
Strict liability applies to paragraph (1)(c).

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

(4)    
Absolute liability applies to paragraph (1)(e).

Note:

Section 313.4 provides a partial defence in relation to the matter in paragraph (1)(e).

(5)    
Subsection (1) does not apply if:

(a) in relation to conduct covered by subparagraph (1)(b)(i) - 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

(b) in relation to conduct covered by subparagraph (1)(b)(ii) - 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.

Note:

A defendant bears a legal burden in relation to the matters in subsection (5) (see section 13.4 ).