Western Australian Consolidated Acts Western Australian Consolidated Acts (1) A person who
drives or attempts to drive a motor vehicle while a prescribed illicit drug is
present in the person’s oral fluid or blood commits an offence.
(2) A person convicted
of an offence against this section is liable —
(a) for
a first offence, to a fine of not more than 10 PU; and
(b) for
a second or subsequent offence, to a fine of not less than 10 PU or more
than 20 PU; and, in any event, the court convicting the person shall
order that the person be disqualified from holding or obtaining a
driver’s licence for a period of not less than 6 months.
(3) For the purposes
of subsection (2), where a person is convicted of an offence against this
section any offence previously committed by the person against
section 67AB shall be taken into account and be deemed to have been an
offence against this section (but not to the exclusion of any other previous
offence against this section) in determining whether that first-mentioned
offence is a first, second or subsequent offence.
(4) If in any
proceeding for an offence against this section it is proved that a certain
drug was present in the accused’s body at any time within 4 hours
after the time of the driving or attempted driving of a motor vehicle that
gave rise to the alleged offence, the presence of that drug in the
accused’s body at the time of that driving or attempted driving is taken
to be proved in the absence of proof to the contrary.
(5) If a person takes
a prescribed illicit drug mistakenly believing it to be another drug, that
mistake is not a defence in any proceeding for an offence against this section
if that other drug is also a drug within the meaning of paragraph (a) or
(b) of the definition of drug in section 65.
[Section 64AC inserted by No. 6 of 2007
s. 6; amended by No. 14 of 2011 s. 11.]