New South Wales Consolidated Acts

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

33C Evidence of presence of drug revealed by blood or urine analysis in proceedings for offence under section 11B

(1) In proceedings for an offence under section 11B, evidence may be given of the presence of a prescribed illicit drug, morphine or cocaine in the blood or urine of the person charged as determined by an analysis of the person’s blood or urine under this Part.

(2) In proceedings for an offence under section 11B, if such an analysis determines the presence of a prescribed illicit drug, morphine or cocaine in the person’s blood or urine, that drug is taken to be so present at the time of the occurrence of the relevant event referred to in section 11B (1) (a), (b) or (c) or (3) (a), (b) or (c) if the blood or urine sample was taken within 4 hours after the event, unless the defendant proves the absence of the drug when the event occurred.