Drug Importation

Drug Importation

Under section 307 of the Criminal Code, importing or exporting a border-controlled drug or plant is a criminal offence that attracts varying penalties depending on the type and quantity of drug.

There are three different quantity ranges under the Criminal Code Act 1995. They are importing or exporting a border-controlled drug, importing or exporting marketable quantities of a border-controlled drug, and importing or exporting commercial quantities of a border-controlled drug.

Gaol sentences are imposed for all offenders charged with importing or exporting a marketable or commercial quantity of cocaine or heroin.

In NSW, a court can impose any of the following penalties for importing or exporting a border-controlled drug or plant charge.

• Fine
• Good behaviour bond
• Community Service Order (CSO)
• Suspended sentence
• Intensive correction order (previously periodic detention)
• Periodic detention
• Prison sentence

To convict you of importing or exporting a border-controlled drug or plant charge, the police must prove each of the following matters beyond a reasonable doubt:

• You import or export a substance; and
• The substance is a border-controlled drug or border-controlled plant; and
• The quantity imported or exported is a marketable/commercial quantity.

Possible defences to an Importing or exporting a border-controlled drug or plant charge include but are not limited to:

• You did not import or export a substance.
• The substance was not a border-controlled drug or border-controlled plant.
• The quantity imported or exported was not a marketable/commercial quantity.
• You have a reasonable and honest belief the substance was not a border-controlled drug or border-controlled plant.

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