Australian Capital Territory Numbered Acts

ROAD TRANSPORT (ALCOHOL AND DRUGS) LEGISLATION AMENDMENT ACT 2010 (NO. 47 OF 2010) - SECT 41

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19B     Defence if special driver with lower concentration of alcohol from allowable source

    (1)     This section applies if—

        (a)     a person is a special driver charged with an offence against section 19 ; and

        (b)     the concentration of alcohol in the person's blood or breath within the relevant period was not more than 0.02g in 100mL of the person's blood or 210L of the person's breath.

    (2)     It is a defence to a prosecution for the offence if the defendant proves that the concentration of alcohol in the defendant's blood or breath was caused by—

        (a)     the consumption of an alcoholic beverage that formed part of a religious observance; or

        (b)     the consumption or use of a substance that was not, entirely or partly, consumed or used for its alcohol content.

Example—substance

food or medicine that contains alcohol

Note 1     A defendant has a legal burden in relation to the matters mentioned in s (2) (see Criminal Code, s 59).

Note 2     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).