Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Actsafter section 42, insert
42AA Effect of noncompliance—analysis of oral fluid
(1) This section applies if the court hearing a charge for an offence against this Act arising out of the carrying out of an oral fluid analysis is not satisfied that there has been compliance with every provision of this Act relating to the carrying out of the analysis.
Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act, s 104).
(2) Unless the court is satisfied that the failure to comply with the provisions of this Act mentioned in subsection (1) would not have affected the result obtained in the analysis, the court must dismiss the charge.