Western Australian Current Acts Western Australian Current Acts (1) An instructor who
provides driving instruction to a learner driver while a prescribed illicit
drug is present in the instructor’s oral fluid or blood commits an
offence.
Penalty for this subsection: a fine of not less
than 15 PU or more than 25 PU.
(2) If in any
proceeding for an offence against this section it is proved that a certain
drug was present in the accused’s body at any time within 4 hours, or 12
hours if the sample was taken under section 66(8B), after the time that the
accused was providing the driving instruction, the presence of that drug in
the accused’s body at the time the accused was providing the driving
instruction is to be taken to be proved in the absence of proof to the
contrary.
(3) If a person takes
a prescribed illicit drug mistakenly believing it to be another drug, that
mistake is not a defence in any proceeding for an offence against this section
if that other drug is also a drug within the meaning of paragraph (a) or (b)
of the definition of drug in section 65.
[Section 62C inserted: No. 25 of 2016 s. 44;
amended: No. 25 of 2016 s. 46; No. 27 of 2020 s. 5.]
[Heading inserted: No. 10 of 2004 s. 9.]