104Prescribed drug in oral fluid or blood

104  Prescribed drug in oral fluid or blood

 (a) the person has been operating a boat on a lake; and

 (b) the person has a prescribed drug in the person’s oral fluid or blood within the relevant period of operating the boat.

Penalty: Imprisonment for 3 months or 20 penalty units, or both.

 (2) In a prosecution for an offence against this section, a person cannot rely on section 9.2 of the Criminal Code (mistake of fact—strict liability) in relation to the identity of the prescribed drug if the person claims to have:

 (a) considered, and been under a mistaken belief about, the identity of the prescribed drug; and

 (b) believed that the prescribed drug was a controlled drug (within the meaning of section 301.1 of the Criminal Code).

 (3) In a prosecution for an offence against subsection (1):

 (a) evidence may be given that a person has a prescribed drug in the person’s oral fluid based on an analysis of a part of a sample of the person’s oral fluid that:

 (i) is carried out in accordance with section 13G (Oral fluid—confirmatory analysis) of the Road Transport (Alcohol and Drugs) Act 1977 (ACT) as it applies under section 106 of this Ordinance; and

 (ii) indicates that a prescribed drug is present in the sample; and

 (b) evidence may be given that a person has a prescribed drug in the person’s blood based on an analysis of a part of a sample of the person’s blood that:

 (i) is carried out in accordance with section 15A (Analysis of blood samples) of the Road Transport (Alcohol and Drugs) Act 1977 (ACT) as it applies under section 106 of this Ordinance; and

 (ii) indicates that a prescribed drug is present in the sample.