Western Australian Current Acts Western Australian Current Acts (1) Where —
(a) a
person having undergone a preliminary oral fluid test, it appears to a police
officer that the test indicates that the person’s oral fluid contains a
prescribed illicit drug; or
(b) a
person refuses or fails to undergo a preliminary oral fluid test having been
required to do so,
a police officer may
require the person to provide a sample of the person’s oral fluid for
drug testing, and for the purposes of this subsection may require the person
to accompany a police officer to a place, and may require the person to wait
at that place.
(2) A person who is
required under subsection (1) to provide a sample of oral fluid for drug
testing shall comply with that requirement by providing the sample in
accordance with the directions of an authorised drug tester.
(3) A person shall not
be required under subsection (1) to provide a sample of oral fluid for drug
testing if it appears to a police officer that —
(a) the
sample of oral fluid 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
(b)
because of the person’s physical condition the person is incapable of
providing the sample of oral fluid.
(4) Where, under
subsection (1), a person provides a sample of oral fluid for drug testing, an
authorised drug tester shall —
(a)
collect the sample in the manner prescribed by the regulations; and
(b)
conduct drug testing of the sample by an approved device in accordance with
the procedure prescribed by the regulations.
[Section 66D inserted: No. 6 of 2007 s. 9;
amended: No. 8 of 2012 s. 37.]
[Section 66D. Modifications to be applied in order
to give effect to Cross-border Justice Act 2008: section altered 1 Nov 2009.
See endnote 1M.]