Offence to Sell Certain Breath Analysing Instruments

The offence to sell certain breath analysing instruments is the sort of charge that would be heard in the Magistrates’ Court.

This charge is generally laid in situations where a person sells a breath analysing instrument of a type which is specified in Australian Standard 3547 Breath Alcohol Testing Devices for Personal Use, unless the instrument complies with that Standard.

In essence to prove this charge the Police must show that the accused sold a breath analysing instrument which is specified in the Australian Standards 3547 Breath Alcohol Testing Devices for Person use.

One defence to this charge could be a factual dispute. If proven guilty, an accused may be fined 20 penalty units as highest possible punishment.

You should ring us and discuss your case if you have been charged.

Deciding on whether to plead guilty or not has huge consequences for you and should be made after proper discussion with a criminal lawyer.

This legislation comes from section 74A of the Road Safety Act 1986.

Possible Defences

  • Charges are Statute Barred
  • Sudden or Extraordinary Emergency
  • Factual Dispute and Concept of Beyond Reasonable Doubt

Penalties

  • Deferral of Sentencing
  • Diversion
  • Without Conviction Order
  • Adjournment of the Charges on Undertaking (Good Behaviour Bond)
  • Fine
  • Community Corrections Order

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