Western Australian Current Acts Western Australian Current Acts (1) In this section
—
requirement means a requirement made by a police
officer to a person to do one or more of the following —
(a)
allow a sample of blood to be taken under section 66B or 66E;
(b)
provide a sample of oral fluid under section 66D;
(c)
accompany the police officer to a place and to wait at that place under
section 66B, 66D or 66E.
(2) A person commits
an offence if —
(a) the
person has provided a sample of their breath for analysis under section 66(2)
and it appears to a police officer based on the analysis of the samples that
the person has any blood alcohol content; and
(b)
either —
(i)
section 64A(1) applies to the person; or
(ii)
the person is driving or attempting to drive a vehicle to
which section 64A(4) applies;
and
(c) the
police officer makes a requirement of the person; and
(d) the
person fails to comply with the requirement.
Penalty for this subsection:
(a) for
a first offence —
(i)
a fine of not less than 12 PU or more than 38 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 3 months;
(b) for
a second or subsequent offence —
(i)
a fine of not less than 38 PU or more than 60 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 9 months.
(3) For the purposes
of subsection (2), a previous conviction for an offence against subsection (4)
or section 63, 64, 64AA, 64AB, 64B, 67, 67AA, 67AB or 67AD is taken to be a
previous offence against subsection (2).
(4) A person commits
an offence if —
(a) the
person has provided a sample of their breath for analysis under section 66(2)
and it appears to a police officer that the person has a blood alcohol content
of or above 0.02 g of alcohol per 100 ml of blood; and
(b)
either —
(i)
section 64A(1) applies to the person; or
(ii)
the person is driving or attempting to drive a vehicle to
which section 64A(4) applies;
and
(c) the
police officer makes a requirement of the person; and
(d) the
person fails to comply with the requirement.
Penalty for this subsection:
(a) for
a first offence —
(i)
a fine of not less than 12 PU or more than 38 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 6 months;
(b) for
a second or subsequent offence —
(i)
a fine of not less than 38 PU or more than 60 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.
(5) For the purposes
of subsection (4), a previous conviction for an offence against section 63,
64, 64AA, 64AB, 64B, 67, 67AA, 67AB or 67AD is taken to be a previous offence
against subsection (4).
[Section 67AC inserted: No. 27 of 2020 s. 20.]