Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 9 - DANGERS TO THE COMMUNITY  

Part 9.1 - Serious drug offences  

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History

Pt 9.1 inserted by No 129 of 2005, s 3 and Sch 1 item 1, effective 6 December 2005.

Division 307 - Import-export offences  

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Div 307 inserted by No 129 of 2005, s 3 and Sch 1 item 1, effective 6 December 2005.

Subdivision A - Importing and exporting border controlled drugs or border controlled plants  

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Subdiv A inserted by No 129 of 2005, s 3 and Sch 1 item 1, effective 6 December 2005.

SECTION 307.4   Importing and exporting border controlled drugs or border controlled plants - no defence relating to lack of commercial intent  

(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, other than a determined border controlled drug or a determined border controlled plant.

Penalty: Imprisonment for 2 years, or 400 penalty units, or both.

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S 307.4(1) amended by No 167 of 2012, s 3 and Sch 1 item 17, by inserting " , other than a determined border controlled drug or a determined border controlled plant " at the end of para (b), applicable in relation to offences against Part 9.1 of the Criminal Code that are committed on or after 29 May 2013.

(2)    
The fault element for paragraph (1)(b) is recklessness.

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History

S 307.4 inserted by No 129 of 2005, s 3 and Sch 1 item 1, effective 6 December 2005.

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