Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this section
requirement means a requirement of a member of the Police Force made pursuant
to section 66.
(2) A person who fails
to comply with a requirement —
(a) to
provide a sample of his breath for analysis; or
(b) to
allow a medical practitioner or registered nurse to take a sample of his blood
for analysis; or
(c) to
provide a medical practitioner or registered nurse with a sample of his urine
for analysis,
commits an offence,
and the offender may be arrested without warrant.
(3) Subject to
subsection (3a), a person convicted of an offence against this section is
liable —
(a) for
a first offence —
(i)
if the person has been previously convicted of an offence
against section 64, to a fine of —
(I) not less than the minimum fine that
would apply if the offence were against that section instead of this section
and the person’s blood alcohol content were above 0.14g of alcohol per
100ml of blood; and
(II) not more than 50
PU,
and, in any event, the
court convicting that person shall order that the person be disqualified from
holding or obtaining a driver’s licence for a period of not less than
the minimum period of disqualification that would apply if the offence were
against that section instead of this section and the person’s blood
alcohol content were above 0.14g of alcohol per 100ml of blood;
(ii)
in any other case, to a fine of not less than 18 PU
or more than 50 PU; and, in any event, the court convicting that person shall
order that the person be disqualified from holding or obtaining a
driver’s licence for a period of not less than 10 months;
(b) for
a second offence, to a fine of not less than 42 PU or more than 70 PU or
to imprisonment for 9 months; and, in any event, the court convicting
that person shall order that he be disqualified from holding or obtaining a
driver’s licence for a period of not less than 30 months;
(c) for
any subsequent offence, to a fine of not less than 42 PU or more than 100
PU or to imprisonment for 18 months; and, in any event, the court
convicting that person shall order that he be permanently disqualified from
holding or obtaining a driver’s licence.
(3a) If when a
requirement is made a member of the Police Force —
(a)
advises the person concerned that the member of the Police Force believes that
the motor vehicle of which the person was, or is believed to have been, the
driver has been involved in an incident occasioning the death of, or grievous
bodily harm or bodily harm to, another person; and
(b)
explains to the person the consequences under this subsection of failure to
comply with the requirement,
an offence against
this section of failing to comply with that requirement is a crime and a
person convicted of it is liable to a fine of any amount and imprisonment for
14 years 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 2 years.
Summary conviction penalty in a case in which the
incident does not occasion the death of another person: imprisonment for
18 months or a fine of 160 PU and in any event the court convicting
the person shall order that he be disqualified from holding or obtaining a
driver’s licence for a period of not less than 18 months.
(3B) For an offence
against this section that was committed before the day on which the
Manslaughter Legislation Amendment Act 2011 section 7(1) came into
operation amending subsection (3a), subsection (3a) applies as if
that amendment had not been made.
(4) For the purposes
of subsection (3), where a person is convicted of an offence against this
section any offence previously committed by him against section 63 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, third or subsequent offence but any offence committed by him against
this section as in force before the coming into operation of section 16
of the Road Traffic Amendment Act (No. 2) 1982 1 shall not be taken
into account for that purpose.
(5) It shall be a
defence to a prosecution for an offence against this section if the accused
satisfies the court that there was some substantial reason for his failure to
comply other than a desire to avoid providing information that might be used
as evidence.
(6) Without limiting
the generality of subsection (5) it shall be a defence to a prosecution
for failing to comply with a requirement mentioned in subsection (2)(c)
if the accused satisfies the court that he attempted to comply with the
requirement.
[Section 67 inserted by No. 82 of 1982
s. 16; amended by No. 11 of 1988 s. 24; No. 50 of 1997
s. 13; No. 39 of 2000 s. 36; No. 50 of 2003 s. 92(2);
No. 44 of 2004 s. 10; No. 84 of 2004 s. 82; No. 54 of 2006
s. 18; No. 39 of 2007 s. 18; No. 51 of 2010 s. 10;
No. 14 of 2011 s. 13; No. 58 of 2011 s. 7.]