Possessing commercial quantities of border controlled drugs or border controlled plants reasonably suspected of having been unlawfully imported
307.8 Possessing commercial quantities of border controlled drugs or border controlled plants reasonably suspected of having been unlawfully imported
A person commits an offence if:
the person possesses a substance; and
the substance is reasonably suspected of having been unlawfully imported; and
the substance is a border controlled drug or border controlled plant; and
the quantity possessed is a commercial quantity.
Penalty: Imprisonment for life or 7,500 penalty units, or both.
Absolute liability applies to paragraphs (1)(b) and (d).
The fault element for paragraph (1)(c) is recklessness.
Subsection (1) does not apply if the person proves that the border controlled drug or border controlled plant was not unlawfully imported.
A defendant bears a legal burden in relation to the matter in subsection (4) (see section 13.4).
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