The parcel was fake. The charge is still real.

On 8 August 2026 the Australian Federal Police announced charges against two men over the alleged import of 13 kilograms of methamphetamine. The account in the AFP media release is that Australian Border Force officers examined a vehicle transmission inside a shipping container when it arrived in Sydney on 27 July 2026. Five plastic bags of white powder were found concealed in the transmission. A preliminary test returned a positive result for methamphetamine, and the matter went to the AFP.

The AFP says it then replaced the drug with an inert substance and ran a controlled delivery of the transmission to an industrial site in Sydney's west on 6 August 2026. The men were arrested and appeared before the NSW Bail Division Court on 7 August 2026. Both were charged with attempting to possess a commercial quantity of methamphetamine, contrary to section 307.5(1) of the Criminal Code (Cth). One man was also charged with importing a commercial quantity, contrary to section 307.1.

These are allegations. The charges have not been tested. The matter is before the court and each man is presumed innocent. This article is about the legal framework the charges sit in, not the men. It answers the questions people search after a controlled-delivery arrest is reported.

What is a controlled delivery and how does it work?

A controlled delivery is a law-enforcement technique authorised under Part IAB of the Crimes Act 1914 (Cth). Rather than seize a detected consignment at the border and stop there, police let it continue to its intended destination under supervision. The point is to reach the people who arranged to collect it, not just the drug.

The pattern is consistent. Border Force detects the drug. The real drug is removed and replaced with a harmless powder or block of similar weight. The consignment is allowed to move to the delivery address, tracked the whole way. Officers watch who takes it, who signs for it, and where it goes next. Arrests follow at the point of collection, often with search warrants run at other addresses at the same time. That is the sequence described in the current matter.

By the time the parcel reaches the recipient, the drug is gone. That fact shapes the charge that follows.

Can you be charged with attempting to possess drugs that were swapped for a fake substance?

Yes. This is the point people find hard to accept, so it is worth setting out plainly. Once the police substitute an inert powder, no one can possess the real drug. Possession in the strict sense is off the table. So the standard charge is an attempt to possess, not possession.

The attempt is charged under section 11.1 of the Criminal Code (Cth). Section 11.1(4) settles the argument that the fake parcel is a defence. It says a person may be found guilty of attempting to commit an offence even though committing the offence was impossible. The impossibility created by the substitution does not help the accused. The law looks at what the person set out to do, not at whether success was ever possible once police intervened.

There is a second point that surprises people. The maximum penalty for the attempt is the same as for the completed offence. An attempt to possess a commercial quantity of an unlawfully imported drug under section 307.5(1) carries the same maximum as possessing it. So the fact that the drug was inert changes the charge but not the exposure.

What is a commercial quantity of methamphetamine?

Commonwealth drug offences run on three quantity tiers. From lowest to highest they are any quantity, marketable quantity, and commercial quantity. Each tier has its own maximum penalty, and the threshold amounts are set for each drug in the regulations under the Criminal Code (Cth).

For methamphetamine the marketable quantity is 2 grams. The commercial quantity is 0.75 kilograms. A consignment said to be 13 kilograms sits far above the commercial threshold. That is the tier that carries the highest maximum, and it is the tier engaged by the charges in the current matter.

Quantity is often litigated. The weight that counts is the weight of the substance, and the purity of the drug can matter to where a case sits in the sentencing range even when it does not change the tier. The laboratory certificate is one of the first documents a defence lawyer tests.

What penalty does importing a commercial quantity of a border-controlled drug carry?

Importing a commercial quantity of a border-controlled drug is an offence against section 307.1 of the Criminal Code (Cth). The maximum penalty is life imprisonment. Importing a marketable quantity under section 307.2 carries a maximum of 25 years. Importing any lower quantity under section 307.3 carries a maximum of 10 years.

Importing and possessing are separate offences that can be charged together on the same facts. Import captures the bringing of the drug into Australia. Possession, or the attempt to possess, captures the later dealing with it inside Australia. A person who both arranged the import and moved to collect the consignment can face both counts, which is what has happened to one of the men in the current matter.

A maximum of life does not mean a life sentence is the usual result. It marks the top of the range. Where a case lands depends most of all on the role of the accused in the operation, the quantity, and the subjective material. This is the sentencing analysis the High Court set out for Commonwealth drug matters and the courts continue to apply.

What must the prosecution prove for attempt to possess?

Three things. First, an intention to possess the substance. Second, a belief, or recklessness, that the substance was an unlawfully imported border-controlled drug. Third, conduct that was more than merely preparatory to possession. Getting ready is not enough. There must be a real step toward taking the drug.

In a controlled-delivery case the conduct element is usually the easy part for the Crown. Signing for the parcel, opening it, carrying it inside, or moving it to another address are all acts a court can treat as more than merely preparatory. The real contest is often the fault element. Did the accused know or suspect what was in the consignment, or were they used by others without that knowledge? The answer turns on the phone evidence, the surveillance, and the account the accused gives, or does not give, in interview.

Where these cases are won and lost.

A commercial import matter is committed for trial to a higher court. The defence work starts at the brief stage, on four core documents. The Border Force interception record shows what was found and when. The surveillance log shows what each accused did during the controlled delivery. The phone download shows what each accused knew and who they spoke to. The laboratory analysis shows the drug and the weight. Each is tested, and the fault element is usually the ground the case is fought on.

Role is the single most important factor at sentence. A person recruited at the bottom of the chain to collect a parcel, who knows nothing of the source or the wider operation, sits low in the range. A person who organised the import sits high. Pinning down the true role, on the evidence, is much of the work in a plea.

Where a person chooses to plead, an early plea attracts a discount for its utilitarian value under section 16A of the Crimes Act 1914 (Cth). Cooperation with authorities under section 21E is the other route to a reduced sentence, and it is run carefully. For the reasoning the appeal courts apply when a Commonwealth drug sentence is challenged, see our note on Periasamy v R and Cth drug import sentencing.

What to do if the AFP contacts you.

If police contact you about an imported parcel, or execute a search warrant, the first hours matter. You must give your name and address. You do not have to answer questions about the offence, and in a matter this serious you should not do so before you have spoken to a lawyer. Ask for a lawyer and stay silent on the substance. What is said, or not said, in the first interview often shapes the whole case. Our guide on what happens in a police interview and on what to do after a search warrant set out your rights.

For the underlying offence, see our page on Commonwealth drug importation. If you or a family member has been charged with a Commonwealth drug offence, get advice early. The difference an early, considered defence makes at this level is real.

Frequently asked.

What is a controlled delivery?

A controlled delivery is a law-enforcement technique under Part IAB of the Crimes Act 1914 (Cth). Police allow an unlawfully imported consignment to continue to its intended destination under supervision, usually after replacing the drug with an inert substitute. The recipient is watched and then arrested at the point of collection.

Can you be charged with attempting to possess drugs that were swapped for a fake substance?

Yes. Section 11.1(4) of the Criminal Code (Cth) says a person can be found guilty of an attempt even if the offence attempted was impossible. Once police substitute an inert powder, no one can possess the real drug, so the charge is an attempt to possess rather than possession. The maximum penalty for the attempt is the same as for the completed offence.

What is a commercial quantity of methamphetamine?

For methamphetamine the commercial quantity under the Criminal Code Regulations is 0.75 kilograms. The marketable quantity is 2 grams. A consignment of 13 kilograms sits far above the commercial threshold, which is the level that attracts a maximum of life imprisonment.

What penalty does importing a commercial quantity of a border-controlled drug carry?

Importing a commercial quantity of a border-controlled drug is an offence against section 307.1 of the Criminal Code (Cth). The maximum penalty is life imprisonment. Attempting to possess a commercial quantity of an unlawfully imported drug under section 307.5(1) carries the same maximum.

What must the prosecution prove for attempt to possess?

The prosecution must prove the accused intended to possess the substance, believed or was reckless that it was an unlawfully imported border-controlled drug, and did acts that were more than merely preparatory. Signing for a parcel, opening it, or moving it can be enough.

What should you do if the AFP contacts you about an imported parcel?

Say nothing beyond your name and address and ask to speak to a lawyer before any interview. Commonwealth drug import matters are serious and the record made in the first hours often decides the case. Call a criminal defence lawyer before you answer questions.

To speak to a criminal defence lawyer, call Aaron Kernaghan on 0421 717 019.

This article is written by Aaron Kernaghan, criminal defence lawyer at Good Legal Lawyers, as at 9 August 2026. It is commentary and reflects the personal opinion of the author only. It is not legal advice, it is not a substitute for advice on your own matter, and it does not purport to be accurate or complete. Any matter referred to may be before the court and any person charged is presumed innocent. For advice on a specific matter, contact Aaron Kernaghan on 0421 717 019 or contact the firm.

More criminal-law commentary by Aaron Kernaghan.

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