Western Australian Current Acts Western Australian Current Acts (1) A police officer
may require the driver or person in charge of a motor vehicle, or any person
the police officer has reasonable grounds to believe was the driver or person
in charge of a motor vehicle, to provide a sample of the person’s breath
for a preliminary test in accordance with the directions of the police
officer, and for the purposes of this subsection may require that person to
wait at the place at which the first-mentioned requirement was made.
(1aa) A police officer
may —
(a) call
upon the driver of a motor vehicle to stop the vehicle;
(b)
direct the driver of a motor vehicle to wait at a place indicated by the
police officer,
in order that a
requirement may be made under subsection (1).
(1a) Where a police
officer —
(a) has
reasonable grounds to believe that the presence of a motor vehicle has
occasioned, or its use has been an immediate or proximate cause of, personal
injury or damage to property; and
(b) does
not know, or has doubt as to, who was the driver or person in charge of the
motor vehicle at the time of that presence or use,
the police officer may
require any person who the police officer has reasonable grounds to believe
may have been the driver or person in charge of the motor vehicle at that time
to provide a sample of the person’s breath for a preliminary test in
accordance with the directions of the police officer, and for the purposes of
this subsection may require that person to wait at the place at which the
first-mentioned requirement was made.
(1b) Where a person
required under subsection (1) or (1a) to provide a sample of breath for a
preliminary test is in a motor vehicle, a police officer may require the
person to leave the vehicle for the purpose of providing the sample.
(2) Where —
(a) a
person having provided a sample of the person’s breath for a preliminary
test —
(i)
it appears to a police officer that the preliminary test
indicates that the person has a blood alcohol content of or above 0.05 g of
alcohol per 100 ml of blood; or
(ii)
it appears to a police officer that the preliminary test
indicates that there is alcohol present in the blood of the person and the
police officer has reasonable grounds to believe that the person is a person
to whom section 62B(4) or (5) or 64A(1) applies or that the motor vehicle
concerned is a motor vehicle to which section 64A(4) applies;
or
(b) a
person having been so required, refuses or fails to provide, or appears to a
police officer to be incapable of providing a sample of the person’s
breath for a preliminary test or refuses or fails to provide, or appears to a
police officer to be incapable of providing, a sample of the person’s
breath in sufficient quantity to enable a preliminary test to be carried out;
or
(c) a
police officer has reasonable grounds to believe that a person has committed
an offence against section 63; or
(ca) a
police officer —
(i)
has reasonable grounds to believe that an offence against
section 59(1)(a), (ba) or (bb) or 59A(1)(a), (ba) or (bb) has been committed;
and
(ii)
does not know, or has doubt as to, who was the driver of
the motor vehicle concerned,
but has reasonable
grounds to believe that a person may have been the driver of the motor
vehicle; or
(cb) a
police officer has reasonable grounds to believe that —
(i)
an offence against section 59(1)(a), (ba) or (bb) or
59A(1)(a), (ba) or (bb) has been committed by a learner driver; and
(ii)
a person may have been an instructor providing driving
instruction to that learner driver at the time of that offence;
or
(d) a
police officer —
(i)
has reasonable grounds to believe that the presence of a
motor vehicle has occasioned, or its use has been an immediate or proximate
cause of, personal injury or damage to property; and
(ii)
does not know, or has doubt as to, who was the driver or
person in charge of the motor vehicle at the time of that presence or use,
but has reasonable
grounds to believe that a person may have been the driver or person in charge
of the motor vehicle at that time and that, if the person was, they have
committed an offence against section 63; or
(e) a
police officer has reasonable grounds to believe that —
(i)
the presence of a motor vehicle has occasioned, or its
use has been an immediate or proximate cause of, personal injury or damage to
property; and
(ii)
a learner driver was driving or attempting to drive the
motor vehicle at the time of that presence or use; and
(iii)
a person may have been an instructor providing driving
instruction to the learner driver at that time; and
(iv)
at that time, the person would have committed an offence
against section 63 if the person had been driving a motor vehicle,
a police officer may
require that person to provide a sample of the person’s breath for
analysis or to allow a prescribed sample taker to take a sample of the
person’s blood for analysis or to allow a sample of blood to be so taken
pursuant to the provisions of subsections (4) and (5), and for the purposes of
this subsection may require that person to accompany a police officer to a
police station or some other place, and may require that person to wait at any
such police station or place.
(3) A person who is
required to supply a sample of the person’s breath for a preliminary
test or for analysis must comply with that requirement by providing the sample
of their breath into approved apparatus in accordance with the directions of a
police officer or an authorised person, as the case may be.
(4) A person must not
be required under subsection (2) to provide a sample of the person’s
breath for analysis if it appears to a police officer that —
[(a) deleted]
(b) the
sample of breath could not be provided within 4 hours after the time at which
driving, attempted driving, use or management of a motor vehicle in
circumstances giving rise to the requirement is believed to have taken place;
or
(c)
because of the person’s physical condition they are incapable of
providing the specimen of breath or a specimen of breath in sufficient
quantity for analysis.
(5) Where —
(a) a
police officer might require a person to provide a sample of the
person’s breath for analysis under subsection (2) but is precluded from
so doing by subsection (4) or section 68(11); or
(b) a
police officer might, by virtue of subsection (1) or (1a), require a person to
provide a sample of the person’s breath for a preliminary test but it
appears to the police officer that the physical condition of the person is
such as to render the person incapable of providing a sample of the
person’s breath in accordance with the directions of the police officer
for a preliminary test,
then the police
officer may require the person to allow a prescribed sample taker nominated by
the police officer to take a sample of the person’s blood for analysis
or where the person is incapable of complying with that requirement, that
police officer may cause a prescribed sample taker to take a sample of the
blood of the person for analysis.
(6) A person must not
be required to allow a prescribed sample taker to take a sample of the
person’s blood, and a prescribed sample taker must not be caused to take
a sample of the blood of a person under subsection (5) if it appears to the
police officer that the sample cannot be taken within 4 hours after the time
at which driving, attempted driving, use or management of a motor vehicle in
circumstances giving rise to the requirement is believed to have taken place.
[(6a) deleted]
(7) Subsection (8B)
applies if a police officer has reasonable grounds to believe that —
(a) the
presence of a motor vehicle has occasioned, or its use has been an immediate
or proximate cause of serious bodily harm to, or the death of, a casualty; and
(b) a
person may have been the driver or person in charge of the motor vehicle at
the time of that presence or use.
(8A) In subsection (7)
—
serious bodily harm , in relation to a casualty,,
means bodily harm that the police officer has reasonable grounds to believe is
likely to require the attendance of the casualty at a hospital (whether or not
that is practicable).
(8B) If this
subsection applies, a police officer may —
(a)
require the person to allow a prescribed sample taker to take a sample of the
person’s blood for analysis; or
(b)
where the person is incapable of complying with that requirement — cause
a prescribed sample taker to take a sample of the person’s blood for
analysis.
(8C) For the purposes
of subsection (8B), a police officer may require the person to accompany a
police officer to a police station or some other place, and may require the
person to wait at the police station or place.
(8) A police officer
must not make a requirement under subsection (8B)(a), or cause a prescribed
sample taker to take a sample under subsection (8B)(b), if it appears to the
police officer that the sample cannot be taken or provided within 12 hours
after the time of the presence or use of the motor vehicle referred to in
subsection (7)(a).
[(9) deleted]
(10) Where a person is
apparently unconscious or seriously injured a police officer must facilitate
the provision of medical assistance for that person.
(11) A police officer
may require a person to allow a prescribed sample taker nominated by the
police officer to take a sample of the person’s blood for analysis, and
require the person to accompany a police officer to a place and wait at that
place for the purposes of taking the sample, if —
(a) the
person provides a sample of their breath for analysis pursuant to a
requirement made under subsection (2)(c), (ca), (cb), (d) or (e); and
(b) the
analysis result obtained pursuant to section 68 indicates —
(i)
that there is no alcohol present in the blood of the
person; or
(ii)
that the person’s blood alcohol content is such
that it does not reasonably explain the conduct, condition or appearance of
the person by reason of which the requirement was made.
(12) If it appears to
a police officer that a blood sample cannot be taken from a person under
subsection (11) within 4 hours after the time at which driving, attempted
driving, use or management of a vehicle in circumstances giving rise to the
requirement under subsection (11) is believed to have taken place —
(a) the
person must not be required to allow a prescribed sample taker to take a
sample of the person’s blood under that subsection; and
(b) a
prescribed sample taker must not be caused to take a sample of the blood of a
person under that subsection.
[Section 66 amended:
No. 71 of 1979 s. 10; No. 81 of 1980 s. 8; No. 105 of 1981 s. 12 and 19; No.
82 of 1982 s. 15; No. 121 of 1987 s. 6; No. 11 of 1988 s. 12; No. 16 of 1988
s. 4; No. 13 of 1992 s. 11; No. 50 of 1997 s. 9; No. 39 of 2000 s. 36; No. 44
of 2004 s. 9; No. 54 of 2006 s. 17(3); No. 6 of 2007 s. 8; No. 39 of 2007 s.
11 and 36; No. 51 of 2010 s. 7; No. 14 of 2011 s. 12; No. 8 of 2012 s. 37; No.
2 of 2015 s. 8; No. 25 of 2016 s. 34, 40 and 47; No. 27 of 2020 s. 15.]
[Section 66. Modifications to be applied in order
to give effect to Cross-border Justice Act 2008: section altered 1 Nov 2009.
See endnote 1M.]