Importation Of Tier 1 Goods

It is a criminal offence to import or export a tier 1 good. A list of substances is provided for under Schedule 7 of the Customs Regulation 2015. One of the most common substances that fall under this schedule are anabolic and androgenic substances, otherwise known as steroids. The schedule classifies the substances as either tier 1 goods or tier 2 (20 g) goods dependent on their weight. The maximum penalty for this offence is 5 years imprisonment and/or a fine of $110,000. 

The lesser offence is contained under section 233 of the Customs Act. This is to be alongside regulation 5H of the Customs (Prohibited Imports) Regulations. This prohibits goods under the critical quantity to be imported unless written permission is granted bn authorised officer under the Therapeutic Goods Act 1989. This permission may be granted on certain conditions or unconditionally.

What is Intentionally Import Prohibited Tier 1 Goods

The offence of importing a tier 1 good is contained in section 233BAA(4) of the Customs Act. The act provides a person commits an offence against this subsection if:

 (a) the person intentionally imported goods; and

 (b)  the goods were tier 1 goods and the person was reckless as to that fact; and

 (c)  their importation:

 (i)  was prohibited under this Act absolutely; or

 (ii)  was prohibited under this Act unless the approval of a particular person had been obtained and, at the time of the importation, that approval had not been obtained.

The Following Acts Constitute Intentionally Import Prohibited Tier 1 Goods

• Ordering a box containing 25 g of anabolic steroids to your house in Sydney from America

• Picking up a shipment that ordered containing 30 g of Pseudoephedrine from interstate 

What Must Be Proven?

For a person to be found guilty of Intentionally Import Prohibited Tier 1 Goods, the Prosecution must prove each of the following matters beyond a reasonable doubt:

1. the person intentionally imported goods; and
2. goods were tier 1 goods and the person was reckless as to that fact; and
3. their importation:
4. was prohibited under this Act absolutely; or
5.  was prohibited under this Act and that approval had not been obtained.

If the Prosecution does not prove every single one of the above elements, you will be found not guilty. 

Which Court Will Hear the Matter?

This offence is a Table 1 offence, which means that it will be dealt with in the Local Court unless the Prosecution or accused elects to have the matter dealt with in the District Court.

Possible Defences to an Intentionally Import Prohibited Tier 1 Goods charge

The following defences may be available:

• Duress
• Necessity
• Approval was obtained 
• The substances do not meet the quantity of a Tier 1 good
• Lack of recklessness (honest and reasonable mistake of fact)

Common Questions

Will I receive a criminal conviction?

A conviction and criminal record for this offence is likely given it is considered a serious offence, and Tier 1 goods are considered the most serious class of goods to import illegally.

In NSW, a Court can impose any of the following penalties for an Intentionally Import Prohibited Tier 1 Goods charge:

• Gaol Sentence
• Intensive Corrections Order (ICO)
• Community Corrections Orders (CCO)
• Conditional Release Order with conviction (CRO)
• Fine
• Conditional Release Order without conviction (CRO)
• S10A
• Section 10

The consequences of a conviction can be serious depending upon what you do for a living. Some jobs require you to have no criminal convictions and a conviction for a Intentionally Import Prohibited Tier 1 Goods charge might jeopardise your job, any future jobs or make it difficult to obtain visas for overseas travel. Offences of this nature may also result in sentences that include imprisonment even where an individual has no previous convictions.

Will I go to Gaol for an Intentionally Import Prohibited Tier 1 Goods charge?

The majority of people who plead guilty to this offence receive a Community Corrections Order or Intensive Corrections Order.

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.