Western Australian Current Acts

ROAD TRAFFIC ACT 1974 - SECT 67AE

67AE .         Provisions for s. 67AC and 67AD

        (1)         A person who commits an offence against section 67AC or 67AD may be arrested without warrant.

        (2)         A person charged with an offence against section 67AC or 67AD may, instead of being convicted of that offence, be convicted of —

            (a)         an offence against section 67, 67AA or 67AB; or

            (b)         another offence against section 67AC or 67AD.

        (3)         It is a defence to a prosecution for an offence against section 67AC or 67AD 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.

        (4)         For the purposes of sections 67AC and 67AD, an offence is a second or subsequent offence against those sections irrespective of the blood alcohol content on the occasion of the commission of any previous offence against those sections.

        [Section 67AE inserted: No. 27 of 2020 s. 20.]