Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts9. After section 41 of the Principal Act the following section is inserted:
“41A. (1) Notwithstanding section 41, evidence—
(a) that a sample of blood was taken from a person pursuant to subsection 15 (4);
(b) that a medical practitioner dealt with containers holding blood samples in accordance with subsection 15 (6);
(c) that a statement was given pursuant to subsection 15 (8);
(d) of the content of a statement issued pursuant to subsection 15 (8);
(e) that the person was found guilty of an offence against subsection 20 (2) in relation to the blood;
(f) that, in consequence of the person's being found guilty or being convicted of an offence against subsection 20 (2) in relation to the blood, an order was made in relation to the person;
(g) that the person was charged with an offence against subsection 20 (2) in relation to the blood and, pursuant to section 556A of the Crimes Act, the charge was dismissed, or an order was made in respect of the person; or
(h) pursuant to section 448 of the Crimes Act, an offence against subsection 20 (2) in relation to the blood was taken into account in passing sentence upon the person;
is not, in any proceedings in relation to an insurance contract, admissible as evidence that the person was, at any time, under the influence of or in any way affected by alcohol, or was under the influence of or affected by alcohol or a drug to such an extent as to be incapable or of exercising effective control over a motor vehicle.
“(2) A statement given to a person pursuant to subsection 15 (8) is not, in any proceedings in relation to an insurance contract, admissible as evidence that the person was, at any time, under the influence of or in any way affected by alcohol, or was under the influence of or affected by alcohol or a drug to such an extent as to be incapable of driving or of exercising effective control over a motor vehicle.
“(3) A covenant, term, condition or provision of an insurance contract is void to the extent that it purports to exclude, limit, modify or restrict the liability of the insurer if the owner or the driver of a motor vehicle is convicted of an offence against this Act.
“(4) A covenant, term, condition or provision of an insurance contract is void to the extent that it purports to exclude, limit, modify or restrict the operation of this section.
“(5) Nothing in this section shall be taken as precluding the inclusion in an insurance contract of a covenant, term, condition or provision that excludes, limits, modifies or restricts the liability of the insurer otherwise than by a covenant, term, condition or provision of a kind referred to in subsection (2) or (3).
“(6) In subsection (1), ‘Crimes Act' means the Crimes Act 1900 of the State of New South Wales in its application to the Territory.”.