Criminal Code Act 1995
Section 3
CHAPTER 9 - DANGERS TO THE COMMUNITY Part 9.1 - Serious drug offences
View history note
Hide history noteA person commits an offence if:
(a) the person possesses a substance; and
(b) the substance was 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 he or she did not know that the border controlled drug or border controlled plant was unlawfully imported.
Note:
A defendant bears a legal burden in relation to the matter in subsection (4) (see section 13.4 ).
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