Clause 13

in subsection (1)(a), delete “or” at the end;

in subsection (1)(b), after “blood”, insert “is equal to or”;

in subsection (1)(b), replace the comma at the end with “; or”;

in subsection (1), after paragraph (b), insert —“(c)has a specified substance present in his or her blood,”;

after subsection (1), insert —“(1A) In any proceedings for an offence under subsection (1)(c), it is a defence for the defendant to prove, on a balance of probabilities, that —

the specified substance was present in the defendant’s blood at the time of the alleged offence because the specified substance was lawfully smoked, inhaled, used or consumed by, or lawfully administered to or by, the defendant as authorised or exempted under —

the Misuse of Drugs Act 1973;

the Tobacco and Vaporisers Control Act 1993; or

the Intoxicating Substances Act 1987; and

the defendant did not know or have reason to believe that the smoking, inhalation, use or consumption by, or the administration to or by, the defendant, of the specified substance would affect his or her capacity, at the time of the alleged offence, to have proper control of a motor vehicle.”;

replace subsection (2) with —“(2) For the purpose of subsection (1), a person is deemed not to have been in charge of a motor vehicle if the person proves, on a balance of probabilities —

that at the material time the circumstances were such that there was no likelihood of the person’s driving the vehicle so long as —

he or she remained so unfit to drive;

the proportion of alcohol in his or her breath or blood remained equal to or in excess of the prescribed limit; or

the specified substance was present in his or her blood; and

that the person had not driven the vehicle on a road or other public place between —

the time he or she became so unfit to drive and the material time;

the time when the proportion of alcohol in his or her breath or blood first became equal to, or first exceeded, the prescribed limit and the material time; or

the time when the specified substance became present in his or her blood and the material time.”; and

in subsection (3), replace “of the offender’s release from prison” with “the offender is released from prison and is no longer serving any sentence of imprisonment”.