(1) A person commits an offence if the person—
(a) drives or rides a vehicle on a road or road related area; and
(b) consumes alcohol while driving or riding the vehicle.
Maximum penalty: 20 penalty units.
(2) A person commits an offence if the person—
(a) is a driver trainer in a motor vehicle on a road or road related area; and
(b) consumes alcohol while in the motor vehicle.
Maximum penalty: 20 penalty units.
(3) An offence against this section is a strict liability offence.
(4) In a prosecution for an offence against this section, a substance is presumed to be alcohol if—
(a) the substance is in a container; and
(b) a label or other mark on the container describes the contents as alcohol or containing alcohol.
Examples—par (b)
• ‘2.6% Alc/Vol' printed on a can
• ‘14% Alc/Vol' printed on the label of a bottle
Note The defendant has an evidential burden in relation to the matters mentioned in s (4) (see Criminal Code
, s 58).
(5) In this section:
"vehicle" means—
(a) a motor vehicle; or
(b) a bicycle; or
(c) a personal mobility device.
Note The effect of disqualification is set out in the Road Transport (General) Act 1999
, s 66.