Road Transport Act 2013

This clause applies to proceedings for an offence against section 111A in relation to evidence of a prescribed illicit drug.

In the proceedings 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 determined by an oral fluid analysis under this Schedule is taken to show the presence of the drug at the time of the occurrence of the relevant event referred to in section 111A(1), (2) or (3) 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 the proceedings in relation to a prescribed illicit drug—

evidence may be given of the presence of a prescribed illicit drug 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 determined by an analysis of the person’s blood or urine under this Schedule is taken to be present at the time of the occurrence of the relevant event referred to in section 111A(1), (2) or (3) 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.