Western Australian Current Acts Western Australian Current Acts (1) In this Part
—
analyst means an analyst or drugs analyst, as
those terms are defined in the Road Traffic Act 1974 section 65, as the case
requires;
blood alcohol content means the concentration of
alcohol in a person’s blood, expressed in grams of alcohol per 100 ml of
blood;
breath analysis means the analysis of a
person’s breath using a breath analysis instrument to determine the
person’s blood alcohol content;
breath analysis instrument means —
(a)
breath analysing equipment as defined in the Road Traffic Act 1974 section
65; or
(b) an
instrument that —
(i)
analyses a sample of a person’s breath to determine
the person’s blood alcohol content; and
(ii)
is prescribed by local regulations for the purposes of
this definition;
drug screening device means a device that —
(a)
provides an indication of the presence of a prescribed drug in a sample of a
person’s oral fluid; and
(b) is
prescribed by local regulations for the purposes of this definition;
drug screening test —
(a)
means a test of a sample of a person’s oral fluid using a drug screening
device; and
(b)
includes a preliminary oral fluid test as defined in the Road Traffic Act
1974 section 65;
drug test means a drug screening test, oral fluid
analysis or urine test;
hospital has the meaning given in the
Health Services Act 2016 section 6;
medical practitioner means a person registered
under the Health Practitioner Regulation National Law (Western Australia) in
the medical profession;
oral fluid analysis means the analysis of a sample
of a person’s oral fluid to determine whether a prescribed drug is
present, whether the sample is analysed —
(a) by
an authorised person using an oral fluid analysis device; or
(b) by
an analyst in a laboratory;
oral fluid analysis device means a device that
—
(a)
analyses a sample of a person’s oral fluid to determine whether a
prescribed drug is present; and
(b) is
prescribed by local regulations for the purposes of this definition;
preliminary breath test means —
(a) a
preliminary test as defined in the Road Traffic Act 1974 section 65; or
(b) a
test of a sample of a person’s breath using a preliminary testing
device;
preliminary testing device means a device that
—
(a)
provides an indication of any of the following —
(i)
a person’s blood alcohol content;
(ii)
whether a person’s blood alcohol content is of or
above a particular level;
(iii)
whether or not alcohol is present in the person’s
blood;
or
(b) is
prescribed by local regulations for the purposes of this definition;
prescribed BAC , in relation to a rail safety
worker, means the prescribed concentration of alcohol in the worker’s
blood;
Note for this definition:
See the Rail Safety
National Law (WA) section 128(5) for the meaning of prescribed concentration
of alcohol .
registered nurse means a person —
(a)
registered under the Health Practitioner Regulation National Law (Western
Australia) in the nursing profession; and
(b)
whose name is entered as a registered nurse on Division 1 of the Register of
Nurses kept under that Law;
sample taker means —
(a) a
medical practitioner; or
(b) a
registered nurse; or
(c) an
appropriately qualified person prescribed by local regulations for the
purposes of this definition;
urine test , in relation to a rail safety worker,
means a test of the worker’s urine to determine whether a prescribed
drug is present.
(2) For the purposes
of this Part and the Rail Safety National Law (WA) Part 3 Division 9, anything
done by a person acting under the supervision or direction of an analyst,
medical practitioner or sample taker is taken to have been done by the
analyst, medical practitioner or sample taker.