(5)Conviction for offence under subsection (2AA) in particular circumstances#

If, on the hearing of a complaint of an offence against subsection (1), the court is satisfied—

• (a) as to all the elements of the offence charged other than the element of the defendant’s being under the influence of liquor or a drug at the material time; and
• (b) that at the material time there was a relevant drug present in the defendant’s blood or saliva;

the court must convict the defendant of the offence under subsection (2AA) that is established by the evidence.