Procuring children for importing or exporting border controlled precursors
309.15 Procuring children for importing or exporting border controlled precursors
A person commits an offence if:
the person procures an individual to import or export a substance; and
either or both of the following apply:
the person intends to use any of the substance to manufacture a controlled drug;
the person believes that another person intends to use any of the substance to manufacture a controlled drug; and
the individual is a child; and
the substance is a border controlled precursor.
Penalty: Imprisonment for 25 years or 5,000 penalty units, or both.
Strict liability applies to paragraph (1)(c).
The fault element for paragraph (1)(d) is recklessness.
Subsection (1) does not apply if:
in relation to conduct covered by subparagraph (1)(b)(i)—the person proves that he or she neither intended, nor believed that another person intended, to sell any of the controlled drug so manufactured; or
in relation to conduct covered by subparagraph (1)(b)(ii)—the person proves that, although he or she believed that the other person intended to use the substance to manufacture a controlled drug, he or she did not intend to sell any of the substance to the other person.
A defendant bears a legal burden in relation to the matters in subsection (4) (see section 13.4).
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