ROAD TRANSPORT ACT 2013 - SECT 111A
Presence of both prescribed illicit drug in person's oral fluid, blood or urine and prescribed concentration of alcohol in person's breath or blood
ROAD TRANSPORT ACT 2013 - SECT 111A
Presence of both prescribed illicit drug in person's oral fluid, blood or urine and prescribed concentration of alcohol in person's breath or blood
111A Presence of both prescribed illicit drug in person's oral fluid, blood or
urine and prescribed concentration of alcohol in person's breath or blood
(a) the person commits an offence under section 110(1),
(2) or (3), while there is present in the person's oral fluid, blood or urine,
a prescribed illicit drug, and
(b) the person has been convicted of an
offence against this subsection or subsection (1) or (2) in the previous 5
years.
: Maximum penalty--50 penalty units or imprisonment for 18 months or
both.
(4) A person cannot be convicted of an offence against this section and
section 110, 111(1) or 112 in relation to the same conduct.
(5) Alternative
verdicts If the court, on a prosecution of a person for an offence against a
subsection of this section, is not satisfied that the offence is proven but is
satisfied that the person has committed an offence against another subsection
of this section or against section 110 or 111(1), having the same or a lesser
maximum penalty, the court may acquit the person of the offence with which the
person is charged and find the person guilty of the other offence, and the
person is liable to be punished accordingly.
(6) 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 offence.
(a) an element of the
offence under subsection (3) is that the person is alleged to have committed
an offence under section 110(1), and
(b) the defendant proves to the court's
satisfaction that, at the time the defendant engaged in the conduct that is
alleged to have contravened section 110(1), 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--
(i) the consumption of an alcoholic
beverage, other than for the purposes of religious observance, or
(ii) the
consumption or use of another substance, for example, food or medicine, for
the purpose of consuming alcohol.