67Drugs

67 Drugs (b) the person has a prescribed drug in the person’s oral fluid or blood within the relevant period of operating the boat. Maximum penalty: 25 penalty units, imprisonment for 3 months or

(3) In a prosecution for an offence against this section, a person cannot rely on the Criminal Code, section 36 (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. (4) In a prosecution for an offence against subsection (1), evidence may be given that a person has a prescribed drug in the person’s oral fluid or blood based on— (a) for proof of the presence of a prescribed drug in the person’s oral fluid—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 as it applies under section 50N in relation to the person; and (ii) indicates that a prescribed drug is present in the sample; or (b) for proof of the presence of a prescribed drug in the person’s blood—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 as it applies under section 50N in relation to the person; and (ii) indicates that a prescribed drug is present in the sample.

controlled drug—see the Criminal Code, section 600. prescribed drug—see the Road Transport (Alcohol and Drugs) Act 1977, dictionary. relevant period means the period that begins when the person stops operating the boat and ends at the latest time when— (a) a breath or oral fluid analysis of the person may be carried out under the Road Transport (Alcohol and Drugs) Act 1977 as it applies under section 50N in relation to the person; or (b) a sample of the person’s blood may be taken under the Road section 50N in relation to the person. Note The Road Transport (Alcohol and Drugs) Act 1977, pt 2 provides for breath analysis and the taking of samples from a person.