Queensland Consolidated Acts
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CRIMINAL CODE 1899 - SECT 365B
Application of defences
365B Application of defences
(1) Section 24 does not apply in relation to a belief of the person that the
person is not adversely affected by an intoxicating substance.
(2) A person
is taken to be not adversely affected by an intoxicating substance at the
relevant time if the person proves—
(a) the person ingested an intoxicating
substance that the person did not know the person was ingesting; and
ordinary person would not reasonably have known the person was ingesting the
intoxicating substance; and
(c) the person would not be adversely affected by
an intoxicating substance at the relevant time apart from that ingestion.
In this section—
"ingest" includes drink, administer, inhale and smoke.
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