Australian Capital Territory Numbered Acts

ROAD TRANSPORT (ALCOHOL AND DRUGS) AMENDMENT ACT 2014 (NO. 21 OF 2014) - SECT 13

insert

    (2A)     A defendant in a prosecution for an offence against this section cannot rely on the Criminal Code

, section 36 (Mistake of fact—strict liability) in relation to the identity of the prescribed drug if the defendant claims to have—

        (a)     considered, and been under a mistaken belief about, the identity of the prescribed drug; and

        (b)     believed that the prescribed drug was a controlled drug.