Northern Territory Consolidated Acts

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TRAFFIC ACT - SECT 29

Defence for certain drugs

29. Defence for certain drugs

(1) It is a defence to a prosecution for an offence against section 28(1) if:

(a) analysis of a blood sample taken under this Part:

(i) gives no indication of any drug prescribed under section 28(6)(a); but

(ii) does indicate the presence of a drug (or drugs) prescribed under section 28(6)(b); and

(b) the defendant satisfies the court as to the matters mentioned in subsection (2).

(2) The defendant must satisfy the court that:

(a) the defendant was, at the time of the alleged offence, under treatment by a medical practitioner and had taken the drug as part of that treatment; and

(b) the defendant had taken the drug in accordance with the directions of the medical practitioner.



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