103Defence—lower concentration of alcohol from allowable source

103  Defence—lower concentration of alcohol from allowable source

 (1) This section applies if:

 (a) a person is charged with an offence against subsection 102(1); and

 (b) the person is:

 (i) under 18 years old; or

 (ii) a person operating a boat for a commercial purpose; and

 (c) the concentration of alcohol in the person’s blood or breath within the relevant period was less than 0.02 g in 100 mL of the person’s blood or 210 L of the person’s breath.

 (2) It is a defence to a prosecution for the offence if the defendant proves that the concentration of alcohol in the defendant’s blood or breath was caused by:

 (a) the consumption of an alcoholic beverage that formed part of a religious observance; or

 (b) the consumption or use of a substance that was not, wholly or partly, consumed or used for its alcohol content.

Example: Food or medicine that contains alcohol.

Note: The defendant has a legal burden in relation to the matters mentioned in subsection (2) (see section 13.4 of the Criminal Code).