Australian Capital Territory Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

ROAD TRANSPORT (ALCOHOL AND DRUGS) ACT 1977 - SECT 42AA

Effect of noncompliance—analysis of oral fluid

    (1)     This section applies if the court hearing a charge for an offence against this Act arising out of the carrying out of an oral fluid analysis is not satisfied that there has been compliance with every provision (a testing provision ) of this Act relating to the carrying out of the analysis.

Note     A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act

, s 104).

    (2)     The court must dismiss the charge unless satisfied that despite the failure to comply with a testing provision the result obtained in the oral fluid analysis would have indicated the presence of a prescribed drug.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback