(1) A person who has
been apprehended may apply to a Local Court for a declaration that at the time
he or she was apprehended, he or she was not intoxicated.
(2) The application
must be made within 30 days after the date when the person was released.
(3) In proceedings
under this section the officer who apprehended the applicant and any officer
who detained the applicant are entitled to appear.
(4) If the Local Court
is satisfied that the applicant was not intoxicated at the time he or she was
apprehended it is to make a declaration accordingly.
(5) A declaration made
under subsection (4) does not establish that the apprehension was unlawful.