56EAAlternative verdicts

### 56EA Alternative verdicts > [*\[Section 56EA Inserted by No. 27 of 2022, s. 10, Applied:23 Jun 2023\]*](/view/html/inforce/2023-06-23/act-2022-027#GS10@EN) > > > (1)  If – > > > > > > (a) a defendant in proceedings for a seatbelt offence is charged with an offence that relates to a passenger of a specified age; and > > > > > > > (b) evidence is produced in respect of the seatbelt offence, in accordance with [section 56E](#GS56E@EN) , from a photographic detection device; and > > > > > > > (c) the seatbelt offence so charged does not apply in respect of the passenger due to the age of the passenger – > > > > the defendant may be found guilty of another seatbelt offence if the evidence in the proceedings establishes that the other seatbelt offence applies in respect of the age of the passenger. > > > (2)  If – > > > > > > (a) a defendant in proceedings for a portable device offence is charged with an offence that relates to a licence of a particular kind or class; and > > > > > > > (b) evidence is produced in respect of the portable device offence, in accordance with [section 56E](#GS56E@EN) , from a photographic detection device; and > > > > > > > (c) the portable device offence so charged does not apply to the defendant due to the kind of licence, or class of licences, held by the defendant – > > > > the defendant may be found guilty of another portable device offence if the evidence in the proceedings establishes that the other portable device offence applies in respect of the kind of licence, or class of licences, held by the defendant. > > > (3)  For the avoidance of doubt, if a defendant is found guilty of another offence under this section, the number of demerit points to be awarded in respect of the finding of guilt is the number of demerit points for the other offence.