Clause 17

replace subsection (1) with —“(1) In proceedings for an offence under section 67 or 68, evidence of the proportion of alcohol or of any drug, psychoactive substance or intoxicating substance in a specimen of breath or blood provided by the accused under section 69 or 70 (as the case may be) is to be taken into account.(1A) Where the proceedings are for an offence under —

section 67(1)(a) or 68(1)(a) and it is alleged that, at the time of the offence, the accused was unfit to drive in that he or she was under the influence of drink; or

section 67(1)(b) or 68(1)(b),subject to subsection (2), it is to be assumed that the proportion of alcohol in the accused’s breath or blood at the time of the alleged offence was not less than that in the accused’s specimen of breath or blood provided under section 69 or 70, as the case may be.(1B) Where the proceedings are for an offence under section 67(1)(c) or 68(1)(c), subject to subsection (2A), it is to be assumed that the specified substance was present in the accused’s blood at the time of the alleged offence if it is present in the accused’s specimen of blood provided under section 70.”;

in subsection (2), replace “subsection (1) must not be made if the accused proves” with “subsection (1A) must not be made if the accused proves, on a balance of probabilities”;

after subsection (2), insert —“(2A) Where the proceedings are for an offence under section 67(1)(c) or 68(1)(c), the assumption mentioned in subsection (1B) must not be made if the accused proves, on a balance of probabilities —

that he or she smoked, inhaled, used, consumed, administered, or was administered, the specified substance after he or she had ceased to drive, attempt to drive or be in charge of a motor vehicle on a road or any other public place and before he or she provided the specimen of blood; and

that had he or she not done so (or been so administered) the specified substance would not have been present in his or her blood.”; and

in subsection (4), after “registered medical practitioner” wherever it appears, insert “or nurse”.