HARBORS AND NAVIGATION ACT 1993 - SECT 73B

HARBORS AND NAVIGATION ACT 1993 - SECT 73B

73B—Oral fluid analysis or blood test where consumption of prescribed drug occurs after operation of vessel

        (1)         This section applies to proceedings for an offence against section 70(1) or (3) in which the results of an oral fluid analysis or a blood test under section 72 are relied on to establish the commission of the offence.

        (2)         If in proceedings to which this section applies the defendant satisfies the court—

            (a)         that the defendant consumed the prescribed drug during the relevant period; and

            (b)         in a case where the defendant was required to submit to a drug screening test after involvement of the vessel in an accident—

                  (i)         that the requirements of section 76 were complied with in relation to the accident; and

                  (ii)         that the prescribed drug was not consumed after an authorised person first exercised powers under section 71 preliminary to the performance of the alcotest or breath analysis referred to in section 72,

the court may, despite the other provisions of this Act, find the defendant not guilty of the offence charged.

        (3)         In subsection (2)—

"relevant period" means the period—

            (a)         commencing when 3 hours have elapsed since the conduct of the defendant giving rise to the making of the requirement referred to in section 72 that the defendant submit to the alcotest or breath analysis; and

            (b)         ending when the performance of the oral fluid analysis or blood test (as the case may be) commences.