Australian Capital Territory Numbered Acts

ROAD TRANSPORT LEGISLATION AMENDMENT ACT 2015 (NO. 30 OF 2015) - SECT 7

in part 3, insert

25     Consuming alcohol—driver or driver trainer

    (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 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 1     The defendant has an evidential burden in relation to the matters mentioned in s (4) (see Criminal Code

, s 58).

Note 2     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act

, s 126 and s 132).

    (5)     In this section:

"vehicle "means a bicycle or motor vehicle.

Part 4     Road Transport (Driver Licensing) Regulation 2000