New South Wales Consolidated Acts New South Wales Consolidated ActsIt is a defence to a prosecution for an offence under section 9 (1A) if the defendant proves that, at the time the defendant did the act referred to in section 9 (1A) (a) or (b), 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.