Victorian Numbered Acts Victorian Numbered Acts(1) Evidence derived from a sample obtained in accordance with a direction made under section 31 or 33 is inadmissible in any proceeding in a court, tribunal or before a person or body authorised to hear and receive evidence.
(2) Subsection (1) does not apply—
(a) in a proceeding under the Accident Compensation Act 1985 to rebut or support an allegation that the presence of alcohol or a drug of dependence contributed to the injury in respect of which the proceeding was commenced; or
(b) in a prosecution under the Occupational Health and Safety Act 2004 to rebut or support an allegation that the presence of alcohol or a drug of dependence contributed to the occurrence of the act, matter or thing constituting the offence in respect of which the prosecution is brought; or
(c) in a proceeding arising out of, or connected with, a critical incident.
(3) Subsection (2) does not apply to evidence derived from a sample obtained in accordance with a direction made under section 33 if the member from whom the sample was taken refuses or has refused to consent to the use of the evidence in the circumstances set out in section 33(2).
(4) In this section, a "proceeding" includes a coronial inquest or inquiry.