Provisions for s. 67AC and 67AD
67AE Provisions for s. 67AC and 67AD
A person who commits an offence against section 67AC or 67AD may be arrested without warrant.
A person charged with an offence against section 67AC or 67AD may, instead of being convicted of that offence, be convicted of —
an offence against section 67, 67AA or 67AB; or
another offence against section 67AC or 67AD.
It is a defence to a prosecution for an offence against section 67AC or 67AD if the accused satisfies the court that there was some substantial reason for the accused’s failure to comply other than a desire to avoid providing information that might be used as evidence.
For the purposes of sections 67AC and 67AD, an offence is a second or subsequent offence against those sections irrespective of the blood alcohol content on the occasion of the commission of any previous offence against those sections.
[Section 67AE inserted: No. 27 of 2020 s. 20.]
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