Queensland Consolidated Acts

CRIMINAL CODE 1899 - SECT 365B

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

(b) an 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.

(3) In this section—

"ingest" includes drink, administer, inhale and smoke.