Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) This section applies if the court hearing a charge for an offence against section 22 is not satisfied that there has been compliance with every provision of this Act relating to that part of the carrying out of a breath analysis that is required to be carried out before the sample of breath is supplied.
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 provisions of this Act mentioned in subsection (1) was such that, had the failure not occurred and the breath analysis taken place, the result obtained in the analysis would have been, or exceeded, the prescribed concentration, the court shall dismiss the charge.