Western Australian Consolidated Acts Western Australian Consolidated Acts For the purposes of
section 59B(5) and sections 63 to 73, inclusive —
analyst means a person certified by the chief
executive officer of the Chemistry Centre (WA) as being competent to determine
the concentration of alcohol in bodily substances;
approved device means a device of a type approved
by the Minister under section 72(2)(c) for the purpose of ascertaining
the presence of prescribed illicit drugs in a person’s oral fluid;
authorised drug tester means a person authorised
by the Commissioner of Police to collect, and conduct drug testing of, samples
of oral fluid for the purposes of section 66D;
authorised person means a person certified by the
chief executive officer of the Chemistry Centre (WA) as being competent to
operate all types of breath analysing equipment;
blood alcohol content means the concentration of
alcohol in a person’s blood, expressed in grams of alcohol per 100ml of
blood;
breath analysing equipment means apparatus of a
type approved by the Minister for the purpose of ascertaining a person’s
blood alcohol content by analysis of a sample of his breath;
conduct includes behaviour and demeanour;
dentist means a person registered under the Health
Practitioner Regulation National Law (Western Australia) in the dental
profession whose name is entered on the Dentists Division of the Register of
Dental Practitioners kept under that Law;
driver assessment means an assessment of drug
impairment required by a member of the Police Force under section 66A(1)
or (2);
drug means —
(a) a
drug to which the Misuse of Drugs Act 1981 applies; or
(b) a
substance that is included in the Poisons Act 1964 Schedule 4; or
(c) a
substance (other than alcohol) that, when consumed or used by a person,
deprives the person (temporarily or permanently) of any of the person’s
normal mental or physical faculties;
drug testing , in relation to oral fluid, means
testing for the presence of prescribed illicit drugs;
drugs analyst means a person certified by the
chief executive officer of the Chemistry Centre (WA) as being competent to
ascertain whether and to what extent drugs are present in bodily substances;
medical practitioner means a person who is
registered under the Health Practitioner Regulation National Law (Western
Australia) in the medical profession;
nurse practitioner means a person registered under
the Health Practitioner Regulation National Law (Western Australia) whose name
is entered on the Register of Nurses kept under that Law as being qualified to
practise as a nurse practitioner;
preliminary oral fluid test means a test of a
sample of a person’s oral fluid by means of a device of a type approved
by the Minister under section 72(2)(d) for the purpose of providing a
preliminary indication of the presence of prescribed illicit drugs in the oral
fluid, and a person undergoes a preliminary oral fluid test if the person
provides a sample of the person’s oral fluid for a preliminary oral
fluid test;
preliminary test means a test of a sample of a
person’s breath by means of apparatus of a type approved by the Minister
for the purpose of providing an indication of a person’s blood alcohol
content or an indication of whether or not a person’s blood alcohol
content is of or above a predetermined level or an indication of whether or
not alcohol is present in the blood of a person;
prescribed illicit drug means a drug that is
declared by the regulations to be a prescribed illicit drug;
registered nurse means a person who is registered
under the Health Practitioner Regulation National Law (Western Australia) in
the nursing and midwifery profession whose name is entered on Division 1
of the Register of Nurses kept under that Law as a registered nurse;
self-testing breath analysing equipment means
breath analysing equipment of a type that is designated as self-testing
apparatus under section 72(2a).
[Section 65 amended by No. 82 of 1982
s. 14; No. 121 of 1987 s. 5; No. 19 of 1990 s. 8;
No. 39 of 2000 s. 34; No. 44 of 2004 s. 8; No. 50 of 2006
Sch. 3 cl. 20(3); No. 6 of 2007 s. 7; No. 10 of 2007
s. 43; No. 39 of 2007 s. 9; No. 22 of 2008 Sch. 3 cl.
51; No. 35 of 2010 s. 153.]
[Section 65. Modifications to be applied in
order to give effect to Cross-border Justice Act 2008: section altered
1 Nov 2009. See endnote 1M.]