New South Wales Consolidated Acts

ROAD TRANSPORT (SAFETY AND TRAFFIC MANAGEMENT) ACT 1999 - SECT 33A

33A Evidence of presence of prescribed illicit drug revealed by oral fluid analysis in proceedings for offence under section 11B

(1) In proceedings for an offence under section 11B in relation to a prescribed illicit drug, evidence may be given of the presence of a prescribed illicit drug in the oral fluid of the person charged as determined by an oral fluid analysis under Division 3A of a sample of the person’s oral fluid.

(2) In proceedings for an offence under section 11B, the presence of a prescribed illicit drug in a person’s oral fluid so determined is taken to show the presence of the drug at the time of the occurrence of the relevant event referred to in section 11B (1) (a), (b) or (c) if the oral fluid sample analysed was provided within 2 hours after the event, unless the defendant proves the absence of the drug when the event occurred.