Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Actsinsert
42C Effect of noncompliance—refusal to give sample of oral fluid
(1) This section applies if the court hearing a charge for an offence against section 22A is not satisfied that there has been compliance with every provision of this Act relating to that part of the carrying out of an oral fluid analysis that is required to be carried out before the sample of oral fluid is supplied.
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) was such that, had the failure not happened and the oral fluid analysis taken place, the result obtained in the analysis would have indicated the presence of a prescribed drug, the court must dismiss the charge.