Western Australian Current Acts Western Australian Current Acts (1) If the drug
testing of a sample of a person’s oral fluid under section 66D(4)(b)
indicates, in the opinion of the authorised drug tester who conducted the drug
testing, that the person’s oral fluid contains a prescribed illicit
drug, the sample must be divided into 2 parts, each of which must be deemed to
be a sample of the person’s oral fluid for the purposes of this Act.
(2) The authorised
drug tester must ensure that both samples are delivered to a police officer.
(3) One of the samples
must be delivered, on behalf of the person who provided the samples, to the
Chemistry Centre (WA) by a police officer or a person appointed or engaged for
that purpose.
(4) Subject to
subsection (5), if the approved device 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 oral fluid for drug testing
under section 66D(1).
(5) If the person has
provided 2 samples of oral fluid for analysis under section 66D(1) and the
analysis of each sample has failed, the person must not be required to provide
another sample of oral fluid for analysis under section 66D(1).
(6) For the purposes
of subsection (5) an analysis of a sample of oral fluid will be regarded as
having failed only if the analysis is made by an approved device and —
(a) the
device is determined not to be in proper working order; or
(b) the
device does not indicate a positive or negative result.
[Section 69B inserted: No. 6 of 2007 s. 14;
amended: No. 8 of 2012 s. 37; No. 25 of 2016 s. 37; No. 27 of 2020 s. 26.]