Road Transport Act 2013

A person is not liable to be convicted of both an offence against section 112(1) and a related alcohol or drug offence if the offences arose directly or indirectly out of the same circumstances.

A person who—

is required by a police officer to submit to a breath test by reason of the occurrence of an event referred to in clause 3(1)(a), (b) or (c) and, as a consequence, to submit to a breath analysis or to provide a sample of the person’s blood under Division 2 of Part 2, and

submits to the breath analysis in accordance with the directions of a police officer, or to the taking of a blood sample in accordance with the directions of an authorised sample taker,

the offence of driving a motor vehicle, at the time of that event, while the person was under the influence of alcohol,

the offence of occupying the driving seat of a motor vehicle and attempting to put such motor vehicle in motion, at the time of that event, while the person was under the influence of alcohol.

A person who has had a sample of blood taken in accordance with clause 11 because of an accident is not to be charged with an offence against section 112(1) if it is alleged as a component of the offence that the person was under the influence of alcohol and the offence relates to the same accident.

A person—

who submits to the taking of a blood sample under clause 5A, or

who is prosecuted for failing or refusing to submit to the taking of a blood sample under clause 5A but who is able to establish the defence under clause 17(4) in relation to the prosecution,

A person is not liable to be convicted of both an offence against clause 16(1)(b) and an offence against clause 17(1)(a1) if the offences arose directly or indirectly out of the same circumstances.

In this clause—

section 110,

section 111,

section 111A,

clause 16,

clause 17,

clause 18.