Western Australian Current Acts Western Australian Current Acts (1) In this section
—
requirement means a requirement made by a police
officer to a person under section 66 to do one or more of the following
—
(a)
provide a sample of the person’s breath for analysis;
(b)
allow a prescribed sample taker to take a sample of the person’s blood
for analysis;
(c)
accompany a police officer to a police station or some other place, and to
wait at that place.
(2) A person, other
than a person to whom section 68A(3) applies, commits an offence if the person
fails to comply with a requirement.
Penalty for this subsection:
(a) for
a first offence, if the person has been previously convicted of an offence
against section 64 —
(i)
a fine of not less than 48 PU and not more than 113 PU;
and
(ii)
the court convicting the person must, in any event, order
that the person be disqualified from holding or obtaining a driver’s
licence for a period not less than the minimum period of disqualification that
would apply if the offence were against section 64 instead of this section and
the person’s blood alcohol content were above 0.14 g of alcohol per 100
ml of blood;
(b) for
a first offence, if the person has been previously convicted of an offence
against section 64B(3), or offences against sections 64 and 64B(3) —
(i)
a fine of not less than 72 PU and not more than 113 PU;
and
(ii)
the court convicting the person must, in any event, order
that the person be disqualified from holding or obtaining a driver’s
licence for a period not less than the minimum period of disqualification that
would apply if the offence were against section 64B(3) instead of this section
and the person’s blood alcohol content were above 0.14 g of alcohol per
100 ml of blood;
(c) for
a first offence, in any other case —
(i)
a fine of not less than 41 PU or more than 113 PU; and
(ii)
the court convicting the person must, in any event, order
that the person be disqualified from holding or obtaining a driver’s
licence for a period of not less than 15 months;
(d) for
a second offence —
(i)
a fine of not less than 95 PU or more than 158 PU or
imprisonment for 9 months; and
(ii)
the court convicting the person must, in any event, order
that the person be disqualified from holding or obtaining a driver’s
licence for a period of not less than 42 months;
(e) for
a subsequent offence —
(i)
a fine of not less than 95 PU or more than 225 PU or
imprisonment for 18 months; and
(ii)
the court convicting the person must, in any event, order
that the person be permanently disqualified from holding or obtaining a
driver’s licence.
(2A) For the purposes
of subsection (2), a previous conviction for an offence against subsection (3)
or section 63 or 67AD(6) is taken to be a previous offence against subsection
(2).
(3) A person, other
than a person to whom section 68A(3) applies, commits a crime if —
(a) a
police officer makes a requirement of the person; and
(b) when
the police officer makes the requirement of the person, the police officer
—
(i)
advises the person concerned that the police officer
believes that the motor vehicle of which the person was, or is believed to
have been, the driver has been involved in an incident occasioning the death
of, or grievous bodily harm or bodily harm to, another person; and
(ii)
explains to the person the consequences under this
subsection of failing to comply with the requirement;
and
(c) the
person fails to comply with the requirement.
Penalty for this subsection:
(a)
imprisonment for 14 years; and
(b) the
court convicting the person must, in any event, order that the person be
disqualified from holding or obtaining a driver’s licence for a period
of not less than 2 years.
Summary conviction penalty for this subsection in
a case in which the incident does not occasion the death of another person:
(a)
imprisonment for 18 months or a fine of 160 PU; and
(b) the
court convicting the person must, in any event, order that the person be
disqualified from holding or obtaining a driver’s licence for a period
of not less than 18 months.
(3A) A person who
commits an offence against subsection (2) or (3) may be arrested without
warrant.
(3B) A person charged
with an offence against subsection (3) may, instead of being convicted of that
offence, be convicted of an offence against subsection (2).
[(4) deleted]
(5) It is a defence to
a prosecution for an offence against this section if the accused satisfies the
court that there was some substantial reason for the accused’s failure
to comply other than a desire to avoid providing information that might be
used as evidence.
[(6) deleted]
[Section 67 inserted: No. 82 of 1982 s. 16;
amended: No. 11 of 1988 s. 24; No. 50 of 1997 s. 13; No. 39 of 2000 s. 36; No.
50 of 2003 s. 92(2); No. 44 of 2004 s. 10; No. 84 of 2004 s. 82; No. 54 of
2006 s. 18; No. 39 of 2007 s. 18; No. 51 of 2010 s. 10; No. 14 of 2011 s. 13;
No. 58 of 2011 s. 7; No. 8 of 2012 s. 37; No. 25 of 2016 s. 10, 40 and 49; No.
27 of 2020 s. 17.]