ROAD TRAFFIC ACT 1961 - SECT 173AB
ROAD TRAFFIC ACT 1961 - SECT 173AB
(1) It is a defence to
a charge for an offence against this Act if the person charged establishes
that the conduct constituting the offence was—
(a)
authorised or excused by or under a law; or
(b) done
in compliance with a direction given by an authorised officer or an
Australian Authority or a delegate of an Australian Authority; or
(c) done
in response to circumstances of emergency.
(2) The defence under
subsection (1)(c) applies only if the person charged reasonably believed
that—
(a)
circumstances of emergency existed; and
(b)
committing the offence was the only reasonable way to deal with the emergency;
and
(c) the
conduct was a reasonable response to the emergency.
(3) Nothing in this
section affects any other defence available at law.