Western Australian Consolidated Acts Western Australian Consolidated Acts (1) A member of the
Police Force may require the driver or person in charge of a motor vehicle, or
any person he has reasonable grounds to believe was the driver or person in
charge of a motor vehicle, to provide a sample of his breath for a preliminary
test in accordance with the directions of the member of the Police Force, and
for the purposes of this subsection may require that person to wait at the
place at which the first-mentioned requirement was made.
(1aa) A member of the
Police Force may —
(a) call
upon the driver of a motor vehicle to stop the vehicle;
(b)
direct the driver of a motor vehicle to wait at a place indicated by the
member of the Police Force,
in order that a
requirement may be made under subsection (1).
(1a) Where a member of
the Police Force —
(a) has
reasonable grounds to believe that the presence of a motor vehicle has
occasioned, or its use has been an immediate or proximate cause of, personal
injury or damage to property; and
(b) does
not know, or has doubt as to, who was the driver or person in charge of the
motor vehicle at the time of that presence or use,
the member of the
Police Force may require any person who he has reasonable grounds to believe
may have been the driver or person in charge of the motor vehicle at that time
to provide a sample of his breath for a preliminary test in accordance with
the directions of the member of the Police Force, and for the purposes of this
subsection may require that person to wait at the place at which the
first-mentioned requirement was made.
(1b) Where a person
required under subsection (1) or (1a) to provide a sample of breath for a
preliminary test is in a motor vehicle, a member of the Police Force may
require the person to leave the vehicle for the purpose of providing the
sample.
(2) Where —
(a) a
person having provided a sample of his breath for a preliminary
test —
(i)
it appears to a member of the Police Force that the
preliminary test indicates that the person has a blood alcohol content of or
above 0.05g of alcohol per 100ml of blood; or
(ii)
it appears to a member of the Police Force that the
preliminary test indicates that there is alcohol present in the blood of the
person and the member of the Police Force has reasonable grounds to believe
that the person is a person to whom section 64A(1) applies or that the
motor vehicle concerned is a motor vehicle to which section 64A(4) applies;
or
(b) a
person having been so required, refuses or fails to provide, or appears to a
member of the Police Force to be incapable of providing a sample of his breath
for a preliminary test or refuses or fails to provide, or appears to a member
of the Police Force to be incapable of providing, a sample of his breath in
sufficient quantity to enable a preliminary test to be carried out; or
(c) a
member of the Police Force has reasonable grounds to believe that a person has
committed an offence against section 63; or
(ca) a
member of the Police Force —
(i)
has reasonable grounds to believe that an offence against
section 59(1)(a) or 59A(1)(a) has been committed; and
(ii)
does not know, or has doubt as to, who was the driver of
the motor vehicle concerned,
but has reasonable
grounds to believe that a person may have been the driver of the motor
vehicle; or
(d) a
member of the Police Force —
(i)
has reasonable grounds to believe that the presence of a
motor vehicle has occasioned, or its use has been an immediate or proximate
cause of, personal injury or damage to property; and
(ii)
does not know, or has doubt as to, who was the driver or
person in charge of the motor vehicle at the time of that presence or use,
but has reasonable
grounds to believe that a person may have been the driver or person in charge
of the motor vehicle at that time and that, if he was, he has committed an
offence against section 63,
a member of the Police
Force may require that person to provide a sample of his breath for analysis
or to allow a medical practitioner or registered nurse to take a sample of his
blood for analysis or to allow a sample of blood to be so taken and to provide
a sample of his urine for analysis, pursuant to the provisions of
subsections (4), (5) and (6a), and for the purposes of this subsection
may require that person to accompany a member of the Police Force to a police
station or some other place, and may require that person to wait at any such
police station or place.
(3) A person who is
required to supply a sample of his breath for a preliminary test or for
analysis shall comply with that requirement by providing the sample of his
breath into approved apparatus in accordance with the directions of a member
of the Police Force or an authorised person, as the case may be.
(4) A person shall not
be required under subsection (2) to provide a sample of his breath for
analysis if it appears to a member of the Police Force that —
[(a) deleted]
(b) the
sample of breath could not be provided within 4 hours after the time at
which driving, attempted driving, use or management of a motor vehicle in
circumstances giving rise to the requirement is believed to have taken place;
or
(c)
because of his physical condition he is incapable of providing the specimen of
breath or a specimen of breath in sufficient quantity for analysis.
(5) Where —
(a) a
member of the Police Force might require a person to provide a sample of his
breath for analysis under subsection (2) but is precluded from so doing
by subsection (4) or section 68(11); or
(b) a
member of the Police Force might, by virtue of subsection (1) or (1a),
require a person to provide a sample of his breath for a preliminary test but
it appears to the member of the Police Force that the physical condition of
the person is such as to render him incapable of providing a sample of his
breath in accordance with the directions of the member of the Police Force for
a preliminary test,
then the member of the
Police Force may require the person to allow a medical practitioner or
registered nurse nominated by the member of the Police Force to take a sample
of the person’s blood for analysis or where the person is incapable of
complying with that requirement, that member of the Police Force may cause a
medical practitioner or registered nurse to take a sample of the blood of the
person for analysis.
(6) A person shall not
be required to allow a medical practitioner or registered nurse to take a
sample of his blood, and a medical practitioner or registered nurse shall not
be caused to take a sample of the blood of a person under subsection (5)
if it appears to the member of the Police Force that the sample cannot be
taken within 4 hours after the time at which driving, attempted driving,
use or management of a motor vehicle in circumstances giving rise to the
requirement is believed to have taken place.
(6a)
Where —
(a) a
member of the Police Force might, by virtue of subsection (2)(c), (ca) or
(d), require a person to provide a sample of his breath for analysis but is
precluded from so doing by subsection (4); and
(b)
under subsection (5), the member of the Police Force requires the person
to allow a medical practitioner or registered nurse to take a sample of his
blood for analysis,
the member of the
Police Force may also require the person to provide the medical practitioner
or registered nurse with a sample of his urine for analysis.
[(7)-(9) deleted]
(10) Where a person is
apparently unconscious or seriously injured a member of the Police Force shall
facilitate the provision of medical assistance for that person.
(11) Where a person
provides a sample of his breath for analysis pursuant to a requirement made
under subsection (2)(c), (ca) or (d) and the analysis result
obtained pursuant to section 68 indicates —
(a) that
there is no alcohol present in the blood of the person; or
(b) that
the person’s blood alcohol content is such that it does not reasonably
explain the conduct, condition or appearance of the person by reason of which
the requirement was made,
a member of the Police
Force may require the person —
(c) to
allow a medical practitioner or registered nurse nominated by the member of
the Police Force to take a sample of the person’s blood for analysis; or
(d) to
provide a medical practitioner or registered nurse nominated by the member of
the Police Force with a sample of the person’s urine for analysis,
or to do both of those
things, and for the purposes of this subsection may require the person to
accompany a member of the Police Force to a place, and may require the person
to wait at that place.
(12) A person shall
not be required —
(a) to
allow a medical practitioner or registered nurse to take a sample of his
blood; or
(b) to
provide a medical practitioner or registered nurse with a sample of his urine,
under
subsection (11), and a medical practitioner or registered nurse shall not
be caused to take a sample of the blood of a person under that subsection, if
it appears to the member of the Police Force that the sample cannot be taken
or given, as the case may be, within 4 hours after the time at which
driving, attempted driving, use or management of a vehicle in circumstances
giving rise to the requirement is believed to have taken place.
[Section 66
amended by No. 71 of 1979 s. 10; No. 81 of 1980 s. 8;
No. 105 of 1981 s. 12 and 19; No. 82 of 1982 s. 15;
No. 121 of 1987 s. 6; No. 11 of 1988 s. 12; No. 16 of
1988 s. 4; No. 13 of 1992 s. 11; No. 50 of 1997 s. 9;
No. 39 of 2000 s. 36; No. 44 of 2004 s. 9; No. 54 of 2006
s. 17(3); No. 6 of 2007 s. 8; No. 39 of 2007 s. 11
and 36; No. 51 of 2010 s. 7; No. 14 of 2011 s. 12. ]
[Section 66. Modifications to be applied in
order to give effect to Cross-border Justice Act 2008: section altered
1 Nov 2009. See endnote 1M.]