Land Transport (Drug Driving) Amendment Bill

  • enacted
15 Section 64 amended (Defences)


In section 64(1A), replace “section 57A(1)” with section 57A(1) or (2), 57B(1) or (2), 57C(1) or (2),.


After section 64(1A), insert:


It is a defence to proceedings for an offence against section 57A(3), 57B(3), or 57C(3) or (4) if the court is satisfied that the person’s oral fluid indicates use of a qualifying drug and—


the person—


has a current and valid prescription for the qualifying drug that was written for that person by a health practitioner; and


has complied with the instructions (if any) from a health practitioner or from the manufacturer of the qualifying drug about driving, consuming alcohol or other prescription medicines, or both, while consuming the qualifying drug; or


the drug was administered by a health practitioner, and the person complied with the instructions (if any) given by the health practitioner.


In section 64(2), replace “and 77” with “77, and 77A.


In section 64(3A)(a), replace “or evidential breath test” with “, evidential breath test, or oral fluid test”.


After section 64(5), insert:


It is no defence to proceedings for an offence against this Act in respect of the proportion of a qualifying drug in a person’s blood—


that there was or may have been an error in the result of the first oral fluid test or second oral fluid test; or


that the occurrence or likely occurrence of any such error did not entitle or empower a person to request or require a second oral fluid test or a blood test.