Western Australian Current Acts

COMMUNITY PROTECTION (OFFENDER REPORTING) ACT 2004 - SECT 94B

94B .         Reportable offenders may be required to submit to tests or give samples for analysis

        (1)         If a protection order prohibits a reportable offender from consuming or using alcohol, drugs or any other specified substance, or requires a reportable offender to comply with an order of the Commissioner to undergo treatment that consists of or includes the taking of any specified medication, an authorised police officer may exercise the powers under this section to determine whether there is any evidence that the person has breached the order.

        (2)         An authorised police officer may require the reportable offender to do one or more of the following —

            (a)         submit to a breath test or an oral fluid test;

            (b)         give a sample of the offender’s blood, hair, urine or oral fluid for analysis.

        (3)         A requirement under subsection (2)(b) must —

            (a)         state that the reportable offender is to accompany a police officer to a police station or another specified place or specify the day on which and time and place at which the reportable offender is to attend; and

            (b)         indicate what sample or samples are to be given.

        (4)         If a requirement is made under subsection (2) —

            (a)         any breath test or oral fluid test is to be conducted; and

            (b)         any sample is to be taken and dealt with,

                in accordance with the regulations.

        (5)         A person who, without reasonable excuse, fails to comply with a requirement under subsection (2) commits an offence.

        Penalty: a fine of $12 000 and imprisonment for 2 years.

        (6)         When requiring a reportable offender to submit to a test or give a sample under subsection (2), an authorised police officer must warn the offender that it is an offence to fail to comply with the requirement unless the offender has a reasonable excuse.

        (7)         A person must not use a sample provided in compliance with a requirement under subsection (2) to obtain the DNA of the person who provided the sample.

        Penalty: imprisonment for 12 months.

        (8)         The regulations may provide for the following matters —

            (a)         the manner of making requirements under subsection (2);

            (b)         the manner of conducting breath tests and oral fluid tests and taking, collecting or dealing with samples of blood, hair, urine and oral fluid and their analysis;

            (c)         the authorisation of persons as analysts for the purposes of this section;

            (d)         the reporting of the results of breath or oral fluid tests or blood, hair, urine or oral fluid analysis;

            (e)         the collection, keeping and disposal of samples;

            (f)         the approval of equipment or apparatus for the purposes of testing or analysis;

            (g)         the devices used in conducting breath tests and oral fluid tests, including the calibration, inspection and testing of those devices;

            (h)         the requirement that a person who submits to a breath test or oral fluid test, or who gives a sample of blood, hair, urine or oral fluid for analysis, is to provide proof of his or her identity;

                  (i)         the admissibility in any proceedings of certificate evidence, including certificate evidence of —

                  (i)         the authorisation referred to in paragraph (c); and

                  (ii)         the results referred to in paragraph (d); and

                  (iii)         the approval referred to in paragraph (f).

        (9)         The powers that a police officer may exercise under this section are in addition to, and do not derogate from, the powers that the police officer has under any other law.

        [Section 94B inserted: No. 54 of 2012 s. 33.]