Western Australian Current Acts Western Australian Current Acts (1) Where, pursuant to
the provisions of section 66, 66B or 66E, a prescribed sample taker takes a
sample of a person’s blood for analysis the sample must be taken in
accordance with the regulations, or otherwise in a proper manner, and must be
divided into 2 parts, each of which is deemed to be a sample of the
person’s blood for the purposes of this Act.
(1a) If, instead of a
sample of a person’s blood being taken and divided into 2 parts, 2
samples of the person’s blood are taken one immediately after the other,
and in a manner prescribed in the regulations or otherwise in a proper manner
—
(a) the
taking of those 2 samples is to be regarded as the taking of a single sample
at the time at which the first of the 2 samples began to be taken; and
(b) each
of the 2 samples taken is to be regarded as a part into which the single
sample has been divided.
(2A) The prescribed
sample taker must ensure that both samples are delivered to a police officer.
(2B) One of the
samples must be delivered, on behalf of the person from whom the samples were
taken, to the Chemistry Centre (WA) by a police officer or a person appointed
or engaged for that purpose.
(2) Where a sample of
blood is analysed for alcohol by an analyst in accordance with the regulations
the blood alcohol content of the sample is the analysis result and is deemed
to be the person’s blood alcohol content at the time the sample of blood
was taken.
[Section 69 amended: No. 105 of 1981 s. 19; No. 39
of 2000 s. 36; No. 54 of 2006 s. 20; No. 6 of 2007 s. 12; No. 39 of 2007 s.
13; No. 8 of 2012 s. 37; No. 25 of 2016 s. 35 and 40; No. 27 of 2020 s. 24.]
[ 69A. Deleted: No. 27 of 2020 s. 25.]