(2) If a person is charged
with an offence against subsection (1)--
(a) the court attendance notice may
allege that more than one prescribed illicit drug was present in the oral
fluid, blood or urine of the person and the proceedings are not liable to be
dismissed on the ground of uncertainty or duplicity if each of those drugs is
described in the court attendance notice, and
(b) the offence is proved if
the court is satisfied beyond reasonable doubt that there was present in the
oral fluid, blood or urine of the defendant--
(i) a drug described in the
court attendance notice, or
(ii) a combination of drugs any one or more of
which was or were described in the court attendance notice.
(3) Presence of
morphine in person's blood or urine A person must not, while there is present
in the person's blood or urine any morphine, operate a vessel in any waters.
(4) If a
person is charged with an offence against subsection (3), the offence is
proved if the court is satisfied beyond reasonable doubt that morphine was
present in the blood or urine of the defendant (whether or not in combination
with any other drugs).
(5) Defence for offence relating to presence of
morphine in person's blood or urine It is a defence to a prosecution for an
offence against subsection (3) 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
blood or urine of morphine was caused by the consumption of a substance for
medicinal purposes.
(6) Meaning of "consumption for medicinal purposes" For the purposes of this
section, a substance is consumed for medicinal purposes only if it is--
(a) a
drug prescribed by a medical practitioner taken in accordance with a medical
practitioner's prescription, or
(b) a codeine-based medicinal drug purchased
from a pharmacy that has been taken in accordance with the manufacturer's
instructions.
