IMPORTATION

Drug importation is a Commonwealth offence under Division 307 of the Criminal Code Act 1995 (Cth). It refers to the act of bringing a border‑controlled drug or plant into Australia, whether by air, sea, mail, or any other method.

The law is designed to prevent dangerous drugs from entering the country and carries some of the harshest penalties in Australian law. 

Drug importation is a Commonwealth offence under Division 307 of the Criminal Code Act 1995 (Cth). The penalties are some of the harshest in Australian law and depend on the quantity of the border‑controlled drug or plant involved:

- Commercial quantity (s 307.1)

➤ Maximum penalty: Life imprisonment and/or a fine of up to 7,500 penalty units.

This applies to very large amounts of border‑controlled drugs.

- Marketable quantity (s 307.2)

➤ Maximum penalty: 25 years’ imprisonment and/or a fine of up to 5,000 penalty units.

This covers mid‑level amounts, above personal use but below commercial scale.

- Any quantity (s 307.3)

➤ Maximum penalty: 10 years’ imprisonment and/or a fine of up to 2,000 penalty units.

Even small amounts can still lead to a prison sentence.

Courts treat drug importation as one of the most serious drug offences in Australia. Almost all convictions result in imprisonment, with the sentence length depending on the type of drug, the quantity, and the person’s role in the importation.

To secure a conviction for drug importation, the prosecution must prove each of the following elements beyond reasonable doubt:

- Importation

That the accused brought a substance into Australia, or was knowingly involved in the process (for example, arranging for it to be shipped, carried, or mailed).

- Border‑controlled drug or plant

That the substance was in fact a border‑controlled drug or plant, as defined in the legislation.

- Knowledge or recklessness

That the accused intended to import the substance, or was reckless as to whether it was a border‑controlled drug or plant.

- Quantity (where relevant)

That the amount imported met the threshold for a commercial quantity or marketable quantity, if the charge is laid under those provisions.

It is not enough for police to simply show that a package contained drugs. They must also prove that the person knew (or was reckless to the fact) that the substance was a border‑controlled drug, and that they were involved in the act of importation.

- Lack of knowledge

You did not know, and could not reasonably have known, that the substance was a border‑controlled drug or plant. For example, if you were asked to carry a package and had no reason to suspect it contained drugs.

- No involvement in importation

You were not actually involved in bringing the substance into Australia, or your connection to the importation cannot be proven beyond reasonable doubt.

- Duress

You were forced to take part in the importation because of threats of serious harm to you or someone close to you.

- Honest and reasonable mistake of fact

You genuinely believed the substance was lawful (for example, a herbal product or supplement) and that belief was reasonable in the circumstances.

- Insufficient evidence

The prosecution cannot prove one or more of the essential elements — such as the act of importation, the nature of the substance, or your knowledge/recklessness.

These defences are highly technical and depend on the evidence. Even where a complete defence is not available, there may be arguments to reduce the seriousness of the charge or the penalty imposed.

A conviction for drug importation is one of the most serious outcomes a person can face in Australia. The consequences extend far beyond the sentence handed down in court:

- Imprisonment

Almost all convictions for drug importation lead to a prison sentence. The maximum penalties range from 10 years for smaller importations, up to 25 years for marketable quantities, and as high as life imprisonment for commercial quantities. Courts regularly impose lengthy sentences of imprisonment, even for first‑time offenders, reflecting how seriously drug importation is treated under Australian law.

- Permanent criminal record

A conviction will stay on your record and can affect your ability to work, study, or apply for professional licences.

- Travel restrictions

Many countries, including the United States and Canada, refuse entry to people with serious drug convictions.

- Employment and career impacts

A conviction can prevent you from working in certain industries or professions and may lead to loss of current employment.

- Financial consequences

Heavy fines may be imposed in addition to imprisonment. 

- Reputation and personal relationships

The stigma of a drug importation conviction can have lasting effects on family, community standing, and personal relationships.

The impact of a conviction is lifelong. It is not just about the prison term — it affects your freedom, your future opportunities, and your ability to move forward in life.

Coral Coast Law provides tailored defence strategies for those facing drug importation charges under the Criminal Code Act 1995 (Cth). Every case is different, and the approach is shaped around the specific circumstances and evidence involved.

Support includes:

- Explaining the law and penalties clearly – ensuring there is no confusion about what the charge means and the possible outcomes.

- Analysing the evidence in detail – identifying weaknesses in the prosecution case and opportunities to challenge it.

- Developing defence strategies – exploring arguments such as lack of knowledge, duress, or insufficient evidence.

- Negotiating with prosecutors – working to reduce the seriousness of the charge or the quantity alleged where possible.

- Courtroom advocacy – presenting the strongest possible case if the matter proceeds to trial.

- Guidance throughout the process – providing practical advice at every stage to reduce stress and uncertainty.

Drug importation carries penalties ranging from 10 years to life imprisonment. Coral Coast Law focuses on protecting legal rights, and working towards the best possible outcome.