Australian Capital Territory Consolidated Acts

ROAD TRANSPORT (ALCOHOL AND DRUGS) ACT 1977 - SECT 41A

    (1)     Despite section 41, evidence—

        (a)     that a sample of blood was taken from a person under section 15 (5) or section 15AA (1); or

        (b)     that a doctor or nurse dealt with a container holding a sample of blood in accordance with section 15 (8) or section 15AA (3); or

        (c)     that a statement was given under section 15B; or

        (d)     of the content of a statement issued under section 15B; or

        (e)     that the person was found guilty of a relevant offence; or

        (f)     that, in consequence of the person's being found guilty or being convicted of a relevant offence, an order was made in relation to the person; or

        (g)     that the person was charged with a relevant offence and, under the Crimes Act 1900 , section 402, the charge was dismissed, or an order was made in relation to the person; or

        (h)     under the Crimes Act 1900 , section 357, a relevant offence was taken into account in passing sentence on the person;

              (i)     that a non-conviction order was made under the Crimes (Sentencing) Act 2005 , section 17 (2) (a) (Non-conviction orders—general); or

        (j)     that an offence was taken into account by a court under the Crimes (Sentencing) Act 2005 , part 4.4 (Taking additional offences into account);

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 under section 15B 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 an owner, a registered operator or the driver of a motor vehicle is convicted or found guilty 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)     This section does not preclude 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 mentioned in subsection (3) or (4).

    (6)     In subsection (1):

"relevant offence" means an offence against section 19 in relation to a sample of blood taken from a person under section 15 (5) or section 15AA (1).