Western Australian Current Acts Western Australian Current Acts (1) In this section
—
requirement means a requirement of a police
officer made under section 66, 66C, 66D or 66E.
(2) Subsection (3)
applies to a person of whom a requirement was made on the basis that the
person was, or that there were reasonable grounds to believe that the person
was, an instructor providing driving instruction to a learner driver.
(3) A person to whom
this subsection applies who fails to comply with a requirement commits an
offence.
(4) A person convicted
of an offence against this section is liable to a fine of 50 PU.
(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]
(7) Without limiting
the generality of subsection (5), it is a defence to a prosecution for failing
to comply with a requirement to provide a sample of breath for a preliminary
test if the accused satisfies the court that the accused complied with a
requirement under section 66, to provide a sample of breath for analysis or to
allow a sample of blood to be taken for analysis, that arose out of —
(a) the
accused’s failure to comply with the requirement to provide a sample of
breath for a preliminary test; or
(b) the
circumstances that gave rise to the requirement to provide a sample of breath
for a preliminary test.
[Section 68A inserted: No. 25 of 2016 s. 52;
amended: No. 27 of 2020 s. 22.]