Drug Importation / Exportation
Charged with Drug
Importation or Exportation?
Understand the Seriousness of the Offence
Drug importation/exportation under Commonwealth law targets both individuals and organised operations involved in the cross-border movement of illicit substances. This offence can apply in many different scenarios, such as:
- Arranging or facilitating shipments without physically handling the drugs
- Using international mail, air cargo, or human couriers (“drug mules”)
- Acting recklessly in regard to what was being imported or exported
You do not have to own the drugs or personally carry them to be charged. Even limited or indirect involvement can lead to prosecution.
If you are facing charges, contact Brightstone Defence Criminal Lawyers for strategic advice and strong representation.
Drug importation and exportation refers to bringing illegal drugs into or out of Australia, whether by mail, suitcase, hidden in cargo, or using people as couriers ("mules"). It applies even if the person only arranged the shipment or was part of a broader operation.
It’s a serious federal offence that goes beyond borders, but you don’t need to physically cross a border to be charged.
Elements the Prosecution Must Prove
To secure a conviction, the prosecution must prove:
- The person imported/exported a substance; either directly or indirectly
- That the substance was a prohibited drug or plant
- The person intended to do it or was reckless as to what was being imported/exported
- The quantity falls within one of the threshold categories; e.g. commercial quantity
They don’t need to prove ownership, just involvement is enough.
Possible Defences
Legal defences could include:
- Lack of knowledge – the person did not know they were moving drugs (for example, unknowingly carrying drugs in luggage)
- Duress – they were coerced or threatened into doing it
- Mental impairment – affecting the person’s ability to form intent
- No actual drug – the substance was not illegal under law
Everything is assessed on a case-by-case basis.
Potential Penalties
Under the Criminal Code Regulations 2002 (Schedule 4), the law clearly defines what counts as a “marketable” or “commercial” quantity for each border-controlled drug.
For border-controlled plants, the relevant amounts are listed separately in Regulation 5E of the same Regulations.
These offences carry some of the harshest penalties in Australian law:
- Up to life imprisonment for commercial quantities
- 25 years imprisonment for marketable quantities
- Heavy fines – up to $1,500,000 or more, depending on the case
- Permanent criminal record, restrictions on travel, and deportation if not an Australian citizen
Even attempting to import or export drugs is treated nearly as seriously as actually doing it.
Legal Process
& Options
Drug importation/exportation charges are prosecuted under Commonwealth law and typically handled in the District Court or Federal Court. The legal process includes initial arrest, bail applications, case conferences, and possibly a trial if the matter proceeds on a not guilty plea.
Pleading
Not Guilty
Brightstone Defence Criminal Lawyers will build a tailored defence strategy which may include:
- Arguing lack of knowledge or intent
- Challenging the legality of the search or arrest
- Disputing the classification or quantity of the substance
- Identifying flaws in the chain of custody or forensic process
We will thoroughly analyse all evidence, protect your legal rights, and fight for the best possible outcome.
Pleading
Guilty
Your matter will proceed directly to sentencing. Entering an early guilty plea may:
- Reduce legal costs and penalties
- Demonstrate remorse, which may lead to a more lenient sentence
- Improve your chances of receiving a less severe penalty, such as a reduced term or Conditional Release Order (CRO)
Before pleading guilty, consult our experienced team to understand the full legal consequences and whether it is the right option in your circumstances.
Legally, manufacturing a prohibited drug typically refers to being included in the production. This could include, for example:
- Going to a friend’s house and helping him operate a pill press
- Buying an at-home kit and making your own MDMA at home
No, it can also include any steps that are part of the production process, such as:
- Mixing precursors
- Assembling lab equipment
- Preparing ingredients with the intent to manufacture a prohibited substance
No, even on a small scale it is illegal. It is a criminal offence under section 24(1) of the Drug Misuse and Trafficking Act 1985 (NSW) regardless of the scale or quantity.
Absolutely. Prosecutors need to prove there was intent to produce a prohibited drug. Mere possession of certain chemicals or tools without intent may not meet the legal definition of manufacturing. However, it is essential to have strong legal support to help differentiate your involvement.
Precursor substances are materials used to make prohibited drugs in NSW.
NSW law restricts unauthorised possession of certain precursors, such as pseudoephedrine, if intended for drug manufacturing.
- Supply involves evidence of distribution or the intent to distribute a prohibited drug
- Deemed supply applies when someone is found with more than the trafficable quantity
- In such cases, the law presumes intent to supply, even without direct proof
Intent to supply may be inferred from evidence such as:
- Text messages arranging deals
- Possession of sealable bags or scales
- Large amounts of unexplained cash
- Being in a known drug distribution area
Yes. Under section 29 of the Drug Misuse and Trafficking Act 1985, if you are found with more than the trafficable quantity, the law presumes intent to supply unless proven otherwise.
Yes. For small amounts (15 to 30 grams of dried cannabis), NSW Police may issue a Cannabis Caution.
The Cannabis Cautioning Scheme:
- Has been in place since 2000
- Is operated by the NSW Police Force
- Was developed after the 1999 NSW Drug Summit
Police have discretion to issue a caution, encouraging legal awareness and health support.
For more serious offences, seek legal advice immediately.
Courts consider factors such as:
- Circumstances of the offence
- Offender’s criminal history and character
- Mitigating factors (section 21A of the Crimes (Sentencing Procedure) Act 1999)
It is rare for a first-time offender to be imprisoned. Alternative sentencing may include:
- Fines
- Community release orders
- Community corrections orders
First-time offenders may avoid conviction by:
- Participating in drug court programs
- Pursuing rehabilitation
- Securing a section 10
- Submitting an apology letter
- Providing character references
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