Western Australian Current Acts Western Australian Current Acts (1) The Governor may
make regulations prescribing all matters that are necessary or convenient for
the purpose of carrying out, or giving effect to, the provisions of
sections 59 to 73 inclusive, and, in particular and without limiting the
generality of the foregoing, may make regulations —
(a)
prescribing the manner of providing samples of breath and oral fluid and
taking samples of blood, and regulating the manner of dealing with samples of
breath, blood and oral fluid; and
(aa)
prescribing equipment for use in the taking of samples of blood and the
collection of samples of oral fluid; and
(ab)
prescribing the manner and methods by which samples of blood may be analysed
for alcohol; and
(ac)
prescribing the manner and methods by which samples of blood and oral fluid
may be analysed for drugs; and
(b)
prescribing the manner of operation of breath analysing equipment and of
determining breath analysing equipment to be in proper working order; and
(ba)
prescribing the manner of indication of a result for the purposes of
section 68(7) and (8); and
(bb)
prescribing the procedure for assessing whether a person is drug impaired; and
(bc)
prescribing the procedure for conducting preliminary oral fluid tests; and
(bd)
prescribing the procedure for drug testing samples of oral fluid by an
approved device; and
(c)
prescribing forms, including any certificate required for the purposes of the
sections herein mentioned; and
(d)
prescribing the fees payable to a prescribed sample taker attending a person
for the purpose of taking a sample of their blood and those payable in respect
of the analysis of a sample of blood by an analyst, or a sample of blood or
oral fluid by a drugs analyst, and for the payment and recovery of those fees.
(1a) Without limiting
subsection (1), procedures may be prescribed under subsection (1)(bc) or (bd)
by reference to instructions provided by the manufacturer of a device of a
type approved under subsection (2)(c) or (d).
(2) The Minister may,
from time to time, by notice published in the Government Gazette , approve of
—
(a)
types of apparatus for the purpose of ascertaining a person’s blood
alcohol content by analysis of a sample of the person’s breath; and
(b)
types of apparatus for the purpose of conducting preliminary tests for the
purposes of section 66; and
(c)
types of devices for the purpose of conducting drug testing of a sample of a
person’s oral fluid for the purposes of section 66D; and
(d)
types of devices for the purpose of conducting preliminary oral fluid tests
for the purposes of section 66C,
and may, by notice so
published, revoke any such approval.
[(2a) deleted]
(3A) In subsection (2)
—
Minister means the Minister to whom the
administration of the Police Act 1892 is committed.
(3) The chief
executive officer of the Chemistry Centre (WA) may, from time to time —
(a)
certify a person as being competent to determine the concentration of alcohol
in bodily substances; and
(aa)
certify a person as being competent to ascertain whether and to what extent
drugs are present in bodily substances,
[(b) deleted]
and may rescind any
certificate given under this subsection.
(4) The Commissioner
of Police may, from time to time —
(a)
certify a person as being competent to operate all types of breath analysing
equipment; and
(b)
authorise a person to collect, and conduct drug testing of, samples of oral
fluid for the purposes of section 66D; and
(c)
rescind or revoke a certificate or an authorisation.
(5) The Commissioner
of Police must not certify a person under subsection (4)(a) unless, in the
Commissioner’s opinion, the person has the appropriate training to
operate all types of breath analysing equipment.
(6) The Commissioner
of Police must not authorise a person under subsection (4)(b) unless, in the
Commissioner’s opinion, the person has the appropriate training to
collect, and conduct drug testing of, samples of oral fluid in accordance with
the regulations.
(7) If the
certification of a person by the chief executive officer of the Chemistry
Centre (WA) under subsection (3)(b) was in effect immediately before
commencement day, the certification has effect, on and after commencement day,
as if it were the certification of the person by the Commissioner of Police
under subsection (4)(a) (including for the purposes of section 70(2)(a)).
(8) In subsection (7)
—
commencement day means the day on which the Road
Traffic Legislation Amendment Act 2016 section 12 comes into operation.
[Section 72 amended: No. 82 of 1982 s. 19; No. 121
of 1987 s. 10; No. 19 of 1990 s. 8; No. 39 of 2000 s. 36; No. 44 of 2004 s.
11; No. 6 of 2007 s. 17; No. 10 of 2007 s. 43; No. 39 of 2007 s. 15; No. 25 of
2016 s. 12 and 40; No. 27 of 2020 s. 37.]
[ 72A. Deleted: No. 27 of 2020 s. 38.]
[Heading inserted: No. 10 of 2004 s. 10.]