Western Australian Current Acts

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69B .         Taking of oral fluid sample

        (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.]

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