Document ID: chunk:federal_register_of_legislation:F2022L00468:reg:103
Version: federal_register_of_legislation:F2022L00468
Segment Type: reg
Provision Reference: reg 103
Character Range: 113522–114597

103  Defence—lower concentration of alcohol from allowable source
 (1) This section applies if:
 (a) a person is charged with an offence against subsection 102(1); and
 (b) the person is:
 (i) under 18 years old; or
 (ii) a person operating a boat for a commercial purpose; and
 (c) the concentration of alcohol in the person's blood or breath within the relevant period was less than 0.02 g in 100 mL of the person's blood or 210 L of the person's breath.
Note:  For the definition of relevant period, see section 5.
 (2) It is a defence to a prosecution for the offence if the defendant proves that the concentration of alcohol in the defendant's blood or breath was caused by:
 (a) the consumption of an alcoholic beverage that formed part of a religious observance; or
 (b) the consumption or use of a substance that was not, wholly or partly, consumed or used for its alcohol content.
Example: Food or medicine that contains alcohol.
Note: The defendant has a legal burden in relation to the matters mentioned in subsection (2) (see section 13.4 of the Criminal Code).