Western Australian Current Acts Western Australian Current Acts (1) For the purposes
of sections 59, 59A and 59BA(1), the circumstances in which a motor vehicle is
involved in an incident occasioning the death of, or grievous bodily harm or
bodily harm to, a person include those in which the death or harm is
occasioned through —
(a) the
motor vehicle overturning or leaving a road while the person is being conveyed
in or on the motor vehicle (whether as a passenger or otherwise); or
(b) the
person falling from the motor vehicle while being conveyed in or on it
(whether as a passenger or otherwise); or
(c) an
impact between any object or thing and the motor vehicle while the person is
being conveyed in or on the motor vehicle (whether as a passenger or
otherwise); or
(d) an
impact between the person and the motor vehicle; or
(e) an
impact of the motor vehicle with another vehicle or an object or thing in, on
or near which the person is at the time of impact; or
(f) an
impact with any object on or attached to the motor vehicle; or
(g) an
impact with any object that is in motion through falling from the motor
vehicle.
(2) For the purposes
of sections 59, 59A and 59BA(1), a motor vehicle is also involved in an
incident occasioning the death of, or grievous bodily harm or bodily harm to,
a person if the death or harm is occasioned through the motor vehicle —
(a)
causing an impact between other vehicles or between another vehicle and any
object, thing or person; or
(b)
causing another vehicle to overturn or leave a road; or
(c)
causing a person being conveyed in or on another vehicle to fall from that
other vehicle.
[(3), (4) deleted]
(5) In any proceeding
for an offence against section 59 or 59A a person who had at the time of the
alleged offence a blood alcohol content of or above 0.15 g of alcohol per 100
ml of blood shall be deemed to have been under the influence of alcohol to
such an extent as to be incapable of having proper control of a motor vehicle
at the time of the alleged offence.
(6) In any proceeding
for an offence against section 59 or 59A it is a defence for the person
charged to prove that the death, grievous bodily harm or bodily harm
occasioned by the incident was not in any way attributable (as relevant)
—
(a) to
the fact that the person charged was under the influence of alcohol, drugs, or
alcohol and drugs; or
(b) to
the manner (which expression includes speed) in which the motor vehicle was
driven.
(7) In any proceeding
for an offence against section 59BA(1) it is a defence for the person charged
to prove that the death, grievous bodily harm or bodily harm occasioned by the
incident was not in any way attributable to the level of care and attention
with which the motor vehicle was driven.
[Section 59B inserted: No. 44 of 2004 s. 7;
amended: No. 39 of 2007 s. 4; No. 59 of 2012 s. 8; No. 25 of 2016 s. 26.]