South Australian Numbered Acts

STATUTES AMENDMENT (VEHICLE AND VESSEL OFFENCES) ACT 2005 (NO 81 OF 2005) - SECT 16

16—Amendment of section 73—Evidence

Section 73(2a)—delete subsection (2a) and substitute:

        (2a)         If, in any proceedings for an offence, it is proved—

            (a)         that the defendant—

                  (i)         operated a vessel; or

                  (ii)         was a member of the crew of a vessel that was being operated and was or ought to have been engaged in duties affecting the safe operation of the vessel; and

            (b)         that a concentration of alcohol was present in the defendant's blood at the time of a breath analysis performed within the period of 2 hours immediately following the conduct referred to in paragraph (a),

it must be conclusively presumed that that concentration of alcohol was present in the defendant's blood at the time of the conduct referred to in paragraph (a).