Western Australian Current Acts

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64AC .         Driving with prescribed illicit drug in oral fluid or blood

        (1)         A person who drives or attempts to drive a motor vehicle while a prescribed illicit drug is present in the person’s oral fluid or blood commits an offence.

        (2)         A person convicted of an offence against this section is liable —

            (a)         for a first offence, to a fine of not more than 25 PU; and

            (b)         for a second or subsequent offence, to a fine of not less than 25 PU or more than 40 PU; and the court convicting the person must, in any event, order that the person be disqualified from holding or obtaining a driver’s licence for a period of not less than 6 months.

        (3)         For the purposes of subsection (2), where a person is convicted of an offence against this section any offence previously committed by the person against section 64AB, 64B, 64C, 67AB or 67AD must be taken into account and be deemed to have been an offence against this section (but not to the exclusion of any other previous offence against this section) in determining whether that first-mentioned offence is a first, second or subsequent offence.

        [(4), (5)         deleted]

        [Section 64AC inserted: No. 6 of 2007 s. 6; amended: No. 14 of 2011 s. 11; No. 25 of 2016 s. 32; No. 27 of 2020 s. 12.]

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