Road Transport Act 2013

This clause applies to any proceedings for an offence against section 111 (Presence of certain drugs (other than alcohol) in oral fluid, blood or urine).

In proceedings to which this clause applies in relation to a prescribed illicit drug—

evidence may be given of the presence of a prescribed illicit drug in the oral fluid of the person charged as determined by an oral fluid analysis under this Schedule of a sample of the person’s oral fluid, and

the presence of a prescribed illicit drug in a person’s oral fluid so determined is taken to show the presence of the drug at the time of the occurrence of the relevant event referred to in section 111(1)(a), (b) or (c) if the oral fluid sample analysed was provided within 2 hours after the event, unless the defendant proves the absence of the drug when the event occurred.

In proceedings to which this clause applies—

evidence may be given of the presence of a prescribed illicit drug or morphine in the blood or urine of the person charged as determined by an analysis of the person’s blood or urine under this Schedule, and

the drug the presence of which is so determined is taken to be so present at the time of the occurrence of the relevant event referred to in section 111(1)(a), (b) or (c) or (3)(a), (b) or (c) if the blood or urine sample was taken within 4 hours after the event, unless the defendant proves the absence of the drug when the event occurred.