Confirms that a charge of attempting to possess an unlawfully imported border-controlled drug under ss 11.1 and 307.6 of the Criminal Code (Cth) can succeed even where the actual drugs were seized overseas and never entered Australia, provided the accused intended each element of the offence and performed sufficiently proximate acts. The s 307.6(5) defence (lack of knowledge of unlawful importation) only applies where a border-controlled drug was in fact unlawfully imported, not where the drug never arrived.
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