Federal Court of Australia
CATCHWORDS
Vehicles and traffic - driving with prescribed concentration of alcohol - notice purporting to approve type of instrument for carrying out breath analyses by reference to what is
on label affixed to instrument - proper construction of notice - whether notice a valid exercise of power conferred on Minister by the Ordinance - whether operator of breathalyzer used "solution of standard alcohol" to check operation of instrument before and after test - no substance found in other grounds upon which validity of breathalyzer test challenged - Motor Traffic (Alcohol and Drugs) Ordinance 1977 (A.C.T.) ss. 5, 12, 19, 41, 42 anc 43 - Regulations made
thereunder; regulations 3, 4, 5 and 10.
ROBERT BEAUMONT GOSDEN v. M. R. BILLERWELL
A.C.T. No.F.C.19 of 1979
Coram: Brennan, Sheppard and Kelly JJ.
IN THE FEDERAL COURT OF AUSTPALIA
AUSTRALIAN CAPITAL TERRITORY
)
)
)
) No. F.C.12 of 1973 DISTRICT REGISTRY ) ) )
GENERAL DIVISION
ON APPEAL FROM THE SUPREME COUPT OF
THE AUSTRALIAN CAPITAL TERPITORY
BETWEEN : ROBERT BEAUMONT SOSTFN Appellant AND : M. R. BILLERWELL Respondent ORDER
JUDGES MAKING ORDER : Brennan, Sheppard and Kelly Jd.
DATE OF ORDER > 22 July 1980.
WHERE MADE : Canberra.
THE COURT ORDERS THAT
l. The appeal be allowed.
2. The Order of the Supreme Court of the Australian Capital
Territory be set aside, and in lieu thereof it be ordered that the appellant's conviction before the Court of Petty Sessions be set aside and the charge dismissed and that the responéent pay to the appellant his costs in the Supreme Court of the Australian Capital Territory.
3. The respondent pay to the appellant his costs of the
appeal to this Court other than the costs of the second day of
hearing.
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY
DISTRICT REGISTRY No. F.C.19 of 1979
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GENERAL DIVISION
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