72Defence—special level of alcohol

72 Defence—special level of alcohol (1) This section applies if— (a) a person is charged with an offence against section 61 or section 62; and (b) the concentration of alcohol in the person’s blood or breath within the relevant period was less than 0.02g in 100mL of the person’s blood or 210L 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, entirely or partly, consumed or used for its alcohol content. Example—substance food or medicine that contains alcohol s (2) (see Criminal Code, s 59).