Australian Capital Territory Consolidated Acts

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ROAD TRANSPORT (ALCOHOL AND DRUGS) ACT 1977 - SECT 42A

Effect of noncompliance—analysis of body sample

    (1)     This section applies if the court hearing a charge for an offence against this Act arising out of the giving or taking, and the analysis, of a sample from the body of a person is not satisfied that there has been compliance with every provision of this Act relating to the giving or taking, and the analysis, of the sample from the body of a person.

Note      A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including a regulation (see Legislation Act, s 104).

    (2)     Unless the court is satisfied that the failure to comply with the provision of this Act mentioned in subsection (1) would not have affected the result obtained in the analysis, the court shall dismiss the charge.



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