Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) This section applies if the court hearing a charge for an offence against section 22 is not satisfied that there has been compliance with every provision (a testing provision ) of this Act relating to that part of the carrying out of a breath analysis that is required to be carried out before the sample of breath is supplied.
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) The court must dismiss the charge unless satisfied that despite the failure to comply with a testing provision the result obtained in a breath analysis, if it had taken place, would have been the prescribed concentration for the person.