Western Australian Current Acts Western Australian Current Acts (1) A police officer
may personally give a person a notice (a prohibition notice ) prohibiting the
person from driving a motor vehicle for 24 hours if, when the notice is given
—
(a) the
person has provided a sample of oral fluid that has been tested under
section 66D(4)(b) and it appears to the authorised drug tester conducting the
test that the test indicates that a prescribed illicit drug is present in the
person’s oral fluid; or
(b) each
of the following apply —
(i)
the person has undergone a preliminary oral fluid test
and it appears to a police officer that the test indicates that the
person’s oral fluid contains a prescribed illicit drug;
(ii)
the police officer is precluded from requiring the person
to provide a sample of oral fluid by section 66D(3)(b);
(iii)
the police officer requires the person to allow a
prescribed sample taker to take the person’s blood for analysis under
section 66E;
or
(c) each
of the following apply —
(i)
the person has undergone a preliminary oral fluid test
and it appears to a police officer that the test indicates that the
person’s oral fluid contains a prescribed illicit drug;
(ii)
the person is not required to provide another sample of
oral fluid for analysis under section 69B(5);
or
(d) the
person refuses or fails to undergo a test having been required to do so under
section 66C, 66D or 66E.
(2) The prohibition
notice must —
(a)
specify the grounds on which the notice is given, including when and where
subsection (1) applies to the person; and
(b)
contain a statement to the effect that because the person has been given the
notice, the person must not drive a motor vehicle for a period commencing on
receipt of the notice and ending 24 hours after receipt of the notice; and
(c)
specify when the person receives the prohibition notice and when the 24-hour
period ends.
(3) A person who has
been given a prohibition notice under this section must not contravene the
notice.
Penalty for this subsection:
(a) for
a first offence, a fine of 25 PU;
(b) for
a second or subsequent offence, a fine of 40 PU.
[Section 71BA inserted: No. 27 of 2020 s. 33.]