South Australian Current Acts

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ROAD TRAFFIC ACT 1961 - SECT 173AB

173AB—Further defences

        (1)         It is a defence to a charge for an offence against this Act if the person charged establishes that the conduct constituting the offence was—

            (a)         authorised or excused by or under a law; or

            (b)         done in compliance with a direction given by an authorised officer or an Australian Authority or a delegate of an Australian Authority; or

            (c)         done in response to circumstances of emergency.

        (2)         The defence under subsection (1)(c) applies only if the person charged reasonably believed that—

            (a)         circumstances of emergency existed; and

            (b)         committing the offence was the only reasonable way to deal with the emergency; and

            (c)         the conduct was a reasonable response to the emergency.

        (3)         Nothing in this section affects any other defence available at law.



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