: Maximum penalty--20 penalty units or
imprisonment for 9 months or both (in the case of a first offence) or 30
penalty units or imprisonment for 12 months or both (in the case of a
second or subsequent offence).
: Maximum penalty--30 penalty units or
imprisonment for 18 months or both (in the case of a first offence) or 50
penalty units or imprisonment for 2 years or both (in the case of a
second or subsequent offence).
(6) Alternative verdicts for lesser offences
If the court on a prosecution of a person for an offence against any
subsection of this section is not satisfied that the offence is proven but is
satisfied that the person has committed an offence against any other
subsection of this section of a less serious nature, the court may acquit the
person of the offence with which the person is charged and find the person
guilty of an offence against the other subsection. The person is liable to be
punished accordingly.
(7) For the purposes of subsection (6)--
(a) an offence
against subsection (1), (2), (3) or (4) is of a less serious nature than an
offence against subsection (5), and
(b) an offence against subsection (1),
(2) or (3) is of a less serious nature than an offence against subsection (4),
and
(c) an offence against subsection (1) or (2) is of a less serious nature
than an offence against subsection (3), and
(d) an offence against subsection
(1) is of a less serious nature than an offence against subsection (2).
(8)
Presence of higher concentration of alcohol not defence It is not a defence to
a prosecution for an offence against a subsection of this section if the
defendant proves that, at the time the defendant engaged in the conduct that
is alleged to have contravened the subsection, a greater concentration of
alcohol was present in the defendant's breath or blood than the prescribed
concentration of alcohol referred to in the subsection.
(9) Defence for
offence relating to novice range prescribed concentration of alcohol It is a
defence to a prosecution for an offence against subsection (1) if the
defendant proves to the court's satisfaction that, at the time the defendant
engaged in the conduct that is alleged to have contravened the subsection, the
presence in the defendant's breath or blood of the
novice range prescribed concentration of alcohol was not caused (in whole or
in part) by any of the following--
(a) the consumption of an alcoholic
beverage (otherwise than for the purposes of religious observance),
(b) the
consumption or use of any other substance (for example, food or medicine) for
the purpose of consuming alcohol.
