Western Australian Current Acts Western Australian Current Acts (1) Where a police
officer might, under section 66D(1), require a person to provide a sample of
oral fluid for drug testing but is precluded from doing so by
section 66D(3)(b), a 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, 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) Where 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) Where a person is
apparently unconscious or seriously injured a police officer shall facilitate
the provision of medical assistance for the person.
(4) A person shall not
be required to allow a prescribed sample taker to take a sample of the
person’s blood under subsection (1), and a prescribed sample taker shall
not be caused to take a sample of a person’s blood under subsection (2),
if it appears to the police officer that the sample cannot be taken or
provided, as the case may be, within 4 hours after the time at which driving,
attempted driving, use or management of a vehicle in circumstances giving rise
to the requirement is believed to have taken place.
[Section 66E inserted: No. 6 of 2007 s. 9;
amended: No. 51 of 2010 s. 9; No. 8 of 2012 s. 37; No. 25 of 2016 s. 40.]
[Section 66E. Modifications to be applied in order
to give effect to Cross-border Justice Act 2008: section altered 1 Nov 2009.
See endnote 1M.]