Australian Capital Territory Numbered Acts

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ROAD TRANSPORT (ALCOHOL AND DRUGS) LEGISLATION AMENDMENT ACT 2010 (NO. 47 OF 2010) - SECT 45

Refusing to provide oral fluid sample

New section 22A (3) and (4)

insert

    (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.

Note     The defendant has a legal burden in relation to the matters mentioned in s (4) (see Criminal Code, s 59).


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