Western Australian Current Acts Western Australian Current Acts (1) A person commits
an offence if the person fails to comply with a requirement —
(a) to
undergo a driver assessment; or
(b) to
allow a prescribed sample taker to take a sample of the person’s blood
for analysis under section 66B(1); or
(c) to
accompany a police officer to a place and to wait at that place under
section 66B(1).
Penalty for this subsection:
(a) for
a first offence —
(i)
a fine of not less than 34 PU or more than 75 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 10 months;
(b) for
a second offence —
(i)
a fine of not less than 63 PU or more than 105 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 30 months;
(c) for
a subsequent offence —
(i)
a fine of not less than 63 PU or more than 150 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.
(2) A person who
commits an offence against subsection (1) may be arrested without warrant.
[(3) deleted]
(4) For the purposes
of subsection (1), where a person is convicted of an offence against this
section any offence previously committed by the person against section 63,
64AB, 67 or 67AD(6) must be taken into account and be deemed to have been an
offence against this section (but not to the exclusion of any other previous
offence against this section) in determining whether that first-mentioned
offence is a first, second, third or subsequent offence.
(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) Without limiting
the generality of subsection (5) it is a defence to a prosecution for failing
to comply with a requirement mentioned in subsection (2)(c) if the accused
satisfies the court that the accused attempted to comply with the requirement.
[Section 67AA inserted: No. 6 of 2007 s. 10;
amended: No. 14 of 2011 s. 14; No. 8 of 2012 s. 37; No. 25 of 2016 s. 40; No.
27 of 2020 s. 18.]