Western Australian Current Acts Western Australian Current Acts (1) If in any
proceeding for an offence against section 64AC, 64B or 64C 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 of the driving or attempted driving of a motor vehicle that gave rise to
the alleged offence, the presence of that drug in the accused’s body at
the time of that driving or attempted driving is taken to be proved in the
absence of proof to the contrary.
(2) 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
section 64AC, 64B or 64C 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 64D inserted: No. 27 of 2020 s. 13.]