Western Australian Current Acts

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ROAD TRAFFIC ACT 1974 - SECT 66B

66B .         Police powers to require blood sample for drug analysis

        (1)         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 underwent a driver assessment and it appears to a police officer that the assessment indicates that the person is drug impaired; or

            (b)         the person refuses or fails to undergo a driver assessment having been required to do so; or

            (c)         a police officer might require a person to undergo a driver assessment but is precluded from doing so by section 66A(6)(b).

        (2)         If a person is incapable of complying with a requirement under subsection (1), a police officer may cause a prescribed sample taker to take a sample of the person’s blood for analysis.

        (3)         If a person is apparently unconscious or seriously injured a police officer must facilitate the provision of medical assistance for the person.

        (4)         If it appears to a police officer that a blood sample cannot be taken from a person under subsection (1) 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 (1) 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 66B inserted: No. 27 of 2020 s. 16.]

        [Section 66B. Modifications to be applied in order to give effect to Cross-border Justice Act 2008: section altered 1 Nov 2009. See endnote 1M.]



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