Western Australian Current Acts

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ROAD TRAFFIC ACT 1974 - SECT 71BA

71BA .         Police officer may prohibit person from driving for 24 hours if prescribed illicit drug present in oral fluid

        (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.]



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