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
he has reasonable grounds to believe was the driver or person in charge of a
motor vehicle, to undergo a preliminary oral fluid test.
(2) 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).
(3) 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 he has reasonable grounds to believe may have been the
driver or person in charge of the motor vehicle at that time to undergo a
preliminary oral fluid test.
(4) For the purposes
of subsection (1) or (3) a police officer may require a person who is required
to undergo a preliminary oral fluid test to wait at the place at which the
requirement was made.
(5) Where a person
required to undergo a preliminary oral fluid test is in a motor vehicle, a
police officer may require the person to leave the vehicle for the purpose of
undergoing the test.
(6) A person who is
required to undergo a preliminary oral fluid test shall comply with that
requirement by undergoing the test in accordance with the directions of a
police officer.
(7) A preliminary oral
fluid test shall be conducted by a police officer in accordance with
regulations prescribing the procedure for those tests.
[Section 66C inserted: No. 6 of 2007 s. 9;
amended: No. 8 of 2012 s. 37.]