Illicit drugs can be transported into Australia, or made locally in clandestine laboratories.
Drug importation and drug manufacture are serious drug charges regulated under both federal and state criminal law.
Drug importation
Transporting drugs across an Australian border is a serious federal crime, and many different levels of involvement are criminalised under the one offence. “Mules” who physically carry the drugs, and people who organise the transportation, could all be charged with importation.
One of the main offences, “importing and exporting commercial quantities of border controlled drugs or border controlled plants”, is criminalised under section 307.1 of the Criminal Code 1995 (Cth). Under this section, a person commits an offence if they:
- Intentionally import or export a substance,
- The substance is a border controlled drug/plant, and
- The quantity imported or exported is a commercial quantity.
“Export” means moving a drug overseas from Australia, and “Import” means to bring a substance into Australia and dealing with it in connection with its importation. This definition of import includes:
- Packaging the goods for importation.
- Transporting the goods into Australia.
- Recovering the imported goods after landing.
- Making the imported goods available to another person.
- Unpacking the imported goods.
- Arranging for payment of those involved.
There are specific offences depending on the quantities being imported, the intent behind the importation, and the specific substance involved.
Drug importation penalties
The maximum penalties for drug importation offences are set out below. Many people convicted of these offences receive a prison sentence.
| Offence | Maximum sentence |
|---|---|
| Section 307.1 Importing and exporting commercial quantities | Life imprisonment, a $1,665,000 fine, or both. |
| Section 307.2 Importing and exporting marketable quantities with commercial intent | Imprisonment for 25 years, a $1,110,000 fine, or both. |
| Section 307.3 Importing and exporting (an amount less than marketable) with commercial intent | Imprisonment for 10 years, a $444,000 fine, or both. |
| Section 307.4 Importing and exporting without commercial intent | Imprisonment for 2 years, an $88,800 fine, or both. |
| Section 307.11 Importing and exporting commercial quantities of precursors | Imprisonment for 25 years, a $1,110,000 fine, or both. |
| Section 307.12 Importing and exporting marketable quantities of border-controlled precursors | Imprisonment for 15 years, a $666,000 fine, or both. |
| Section 307.13 Importing and exporting border-controlled precursors | Imprisonment for 7 years, a $310,800 fine, or both. |
Drug manufacture
Under section 24(1) and (2) of the Drug Misuse and Trafficking Act 1985 (NSW), it is a crime to manufacture or produce a prohibited drug. This section imposes criminal actions against any person who:
- Manufactures or produces a prohibited drug, or
- Knowingly takes part in the manufacture or production of a prohibited drug.
“Manufacture” under section 3 of the Act includes “the process of extracting or refining the prohibited drug”, however these are only examples and manufacturing could cover a far broader range of activities.
Drug manufacture penalties
The maximum penalty for manufacturing or producing a prohibited drug depends on the quantity involved.
| Quantity | Maximum sentence |
|---|---|
| Small | Local Court: Imprisonment for 2 years, a $5,500 fine, or both. District Court: Imprisonment for 15 years (10 years for cannabis leaf), a $220,000 fine, or both. |
| Indictable | Local Court: Imprisonment for 2 years, a $5,500 fine, or both. District Court: Imprisonment for 15 years (10 years for cannabis leaf), a $220,000 fine, or both. |
| Commercial | Imprisonment for 20 years (15 years for cannabis leaf), a $385,000 fine, or both. |
| Large Commercial | Imprisonment for life (20 years for cannabis leaf), a $550,000 fine, or both. |
Commonwealth offence of manufacturing
The manufacturing of drugs is also an offence under federal law. Under section 305.5 of the Criminal Code a person commits an offence if they:
- Manufacture a substance for a commercial purpose, and
- The substance is a controlled drug.
There are similar offences under section 305.3 for commercial quantities, and 305.4 for marketable quantities. If a child under the age of 14 is exposed to the manufacturing of the drug, it is considered an aggravated offence and can result in a higher penalty.
What is ‘manufacturing’ under Commonwealth law?
Under Commonwealth law, the definition of manufacturing covers any process by which a substance is produced or converted from one form to another. This includes:
- The process of extracting or refining a substance, and
- The process of transforming a substance into a different substance.
A person manufactures a substance if they:
- Engage in its manufacture,
- Exercise control or direction over its manufacture, or
- Provide finance for its manufacture.
Commonwealth penalties for manufacturing
The commonwealth penalties for manufacturing a controlled drug vary depending on the quantity and whether the offence is aggravated:
| Offence | Maximum sentence | Maximum sentence (aggravated) |
|---|---|---|
| Section 305.3 Manufacturing commercial quantities of controlled drugs | Imprisonment for life, a $1,665,000 fine, or both. | N/A |
| Section 305.4 Manufacturing marketable quantities of controlled drugs | Imprisonment for 25 years, a $1,110,000 fine, or both. | Imprisonment for 28 years, a $1,243,200 fine, or both. |
| Section 305.5 Manufacturing controlled drugs | Imprisonment for 10 years, a $444,000 fine, or both. | Imprisonment for 12 years, a $532,800 fine, or both. |
