Australian Capital Territory Current Acts

LIQUOR ACT 2010 - SECT 135

    (1)     This section applies to evidence of the results of a test that indicates the presence or concentration of alcohol in the blood of a person, performed on a breath testing machine installed at licensed premises or permitted premises.

    (2)     The evidence is not admissible—

        (a)     in a civil proceeding against the licensee or permit-holder; or

        (b)     in a criminal proceeding.

    (3)     However, this section does not prevent the admission into evidence in a civil proceeding of the results of the test if it is established that at the time of the test—

        (a)     the breath testing machine did not comply with AS 3547-1997; or

        (b)     the licensee or permit-holder was aware, or should have been aware, that the breath testing machine was not operating correctly; or

        (c)     a sign about the breath testing machine was not displayed as required under section 134.