Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) This section applies if the court hearing a charge for an offence against this Act arising out of the giving or taking, and the analysis, of a sample from the body of a person is not satisfied that there has been compliance with every provision (a testing provision ) of this Act relating to the giving or taking, and the analysis, of the sample from the body of a person.
Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including a regulation (see Legislation Act
, s 104).
(2) Unless the court is satisfied that the failure to comply with the testing provision would not have affected the result obtained in the analysis, the court must dismiss the charge.