40FDefences

1. It is a defence to proceedings for an offence against section 40E if the court is satisfied, on the evidence of a medical practitioner, that the taking of a blood specimen from the defendant would have been prejudicial to the defendant's health.

2. It is no defence to proceedings for an offence against this Part that a provision forming part of sections 40H to 40P and 40R has not been strictly complied with or has not been complied with at all, provided there has been reasonable compliance with such of those provisions as apply.

3. It is no defence to proceedings for an offence against section 40E that—

4. there was or may have been an error in the result of the breath screening test or evidential breath test; or
5. the occurrence or likely occurrence of any such error did not entitle or empower a person to request or require an evidential breath test or a blood test.

6. It is no defence to proceedings for an offence against this Part in respect of the proportion of alcohol in a defendant's breath that—

7. there was or may have been an error in the result of the breath screening test or evidential breath test; or
8. the occurrence or likely occurrence of any such error did not entitle or empower a person to request or require an evidential breath test.

9. It is no defence to proceedings for an offence against this Part in respect of the proportion of alcohol in a defendant's blood that—

10. there was or may have been an error in the result of the breath screening test or evidential breath test; or
11. the occurrence or likely occurrence of any such error did not entitle or empower a person to request or require an evidential breath test or a blood test.