Western Australian Current Acts

ROAD TRAFFIC ACT 1974 - SECT 71C

71C .         Disqualification by police officer

        (1)         This section applies if —

            (a)         a police officer (the police officer ), as a result of an analysis of a sample of a person’s breath or blood, has reason to suspect that the person (the alleged offender ) has done either of the following (the alleged conduct ) —

                  (i)         committed an offence against section 63;

                  (ii)         driven or attempted to drive a motor vehicle while having a blood alcohol content of or above 0.08 g of alcohol per 100 ml of blood;

                or

            (b)         a police officer (the police officer ) has reason to suspect that a person (the alleged offender ) has committed an offence against section 67 or 67AD(4) or (6) (the alleged offence ).

        (2)         If this section applies the police officer may give the alleged offender a notice that is in accordance with this section (a disqualification notice ) by delivering the notice to the alleged offender personally.

        (3)         The disqualification notice must contain a statement to the effect that the alleged offender is disqualified from holding or obtaining a driver’s licence for a period commencing on receipt of the notice and ending on the day that is 2 months after the day the notice is received unless before the expiry of that period the notice is revoked under section 71E, 71F or 71G.

        (4)         The disqualification notice must —

            (a)         identify the provision under which the notice is given; and

            (b)         specify the grounds on which the notice is given; and

            (c)         identify the time and date on which the alleged offence was committed or alleged conduct occurred; and

            (d)         identify where the alleged offence was committed or alleged conduct occurred; and

            (e)         describe the alleged offence or alleged conduct with reasonable clarity; and

            (f)         identify the offence, or offences, that the alleged offender is suspected of committing.

        (5)         The disqualification notice must also include a statement to the effect that section 71F contains law about the circumstances in which the alleged offender may apply to a court for an order revoking the notice.

        (6)         A disqualification notice cannot be given to an alleged offender —

            (a)         if the alleged offender engaged in alleged conduct, more than 10 days after the later of —

                  (i)         the day of the alleged conduct; or

                  (ii)         if a sample of the alleged offender’s blood was taken under section 66 in connection with the alleged conduct, the day on which a police officer receives an analysis result of the sample;

                or

            (b)         if the alleged offence is an offence under section 67 or 67AD(4) or (6), more than 10 days after the day of the alleged offence.

        (7)         If a police officer gives a person a disqualification notice the police officer must write on the notice the time and date when it was given and the time and date when the disqualification expires.

        (8)         A police officer may, by written notice given to a person to whom a disqualification notice has been given, amend the disqualification notice to correct any error in the disqualification notice.

        (9)         If a police officer gives a person a disqualification notice or a notice amending a disqualification notice in accordance with this section the police officer must, as soon as is practicable, cause particulars of the notice to be sent to the CEO.

        [Section 71C inserted: No. 51 of 2010 s. 11; amended: No. 8 of 2012 s. 15; No. 27 of 2020 s. 34.]