Western Australian Current Acts Western Australian Current Acts (1) Where, pursuant to
section 66, a person provides a sample of the person’s breath for
analysis the analysis must be made by breath analysing equipment.
[(1a)-(5) deleted]
(6) The breath
analysing equipment must be operated by an authorised person and must be
operated in accordance with the regulations relating to analysis by breath
analysing equipment of the relevant type.
(7) Subject to
subsection (11), if the breath analysing equipment does not indicate a result
in the prescribed manner at the conclusion of the analysis, a police officer
may again require the person to provide a sample of the person’s breath
for analysis or to allow a prescribed sample taker to take a sample of the
person’s blood for analysis under section 66(2).
(8) If the breath
analysing equipment indicates a result in the prescribed manner at the
conclusion of the analysis, the result so indicated is the analysis result and
the person’s blood alcohol content given by or derived under section 65A
from the analysis result is deemed to be the person’s blood alcohol
content at the time the sample of breath was provided.
(9) Subject to
subsection (10), the authorised person must complete, sign, and hand to the
person a statement in writing of the analysis result and of the date and time
of the analysis.
(10) If the manner of
indication of a result prescribed for the purposes of subsections (7) and (8)
is the printing of a statement by the breath analysing equipment, the
authorised person may comply with the requirements of subsection (9) by
signing and dating the statement so printed and handing it to the person.
(11) If the person has
provided 2 samples of the person’s breath for analysis under
section 66(2) and the analysis of each sample has failed, the person must not
be required to provide another sample of the person’s breath for
analysis under section 66(2).
(12) For the purposes
of subsection (11), an analysis of a sample of breath will be regarded as
having failed only if the analysis is made by breath analysing equipment and
the breath analysing equipment does not indicate a result in the prescribed
manner.
[Section 68 amended: No. 121 of 1987 s. 8; No. 39
of 2000 s. 36; No. 39 of 2007 s. 12; No. 8 of 2012 s. 37; No. 25 of 2016 s.
40; No. 27 of 2020 s. 23.]