Australian Capital Territory Current Acts

ROAD TRANSPORT (ALCOHOL AND DRUGS) ACT 1977 - SECT 22A

    (1)     This section applies to a person who—

        (a)     has been––

              (i)     the driver of a motor vehicle on a road or road related area; or

              (ii)     the driver trainer in a motor vehicle on a road or road related area; and

        (b)     has, in accordance with this Act, been required to provide a sample of oral fluid for analysis.

    (2)     The person commits an offence if—

        (a)     the person refuses to provide a sample of oral fluid for analysis; or

        (b)     the person fails to provide a sample of oral fluid in accordance with reasonable directions of a police officer.

Maximum penalty:

        (a)     for a first offender—100 penalty units, imprisonment for 12 months or both; or

        (b)     for a repeat offender—200 penalty units, imprisonment for 2 years or both.

    (3)     An offence against this section is a strict liability offence.

    (4)     It is a defence to a prosecution for an offence against subsection (2) (b) if the defendant proves that the failure was based on medical grounds or on another reasonable excuse.

Note     The defendant has a legal burden in relation to the matters mentioned in s (4) (see Criminal Code

, s 59).