Northern Territory Consolidated Acts

TRAFFIC ACT - SECT 29

    (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.