Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Subject to
subsection (2), a person who fails to comply with any requirement of a
member of the Police Force made pursuant to any of sections 66 to 66E,
other than a requirement mentioned in section 66(1aa), 66C(2), 67(2),
67AA(2) or 67AB(2), commits an offence.
(2) This section does
not apply to a medical practitioner or registered nurse by reason of his
failing to co-operate in the taking of a sample of a person’s blood for
analysis or in the collection of a sample of a person’s urine for
analysis.
(3) A person convicted
of an offence against this section is liable —
(a) for
a first offence, to a fine of not less than 6 PU or more than 16 PU; 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 3 months;
(b) for
any subsequent offence, to a fine of not less than 12 PU or more than 28
PU; 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 6 months.
(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, 64,
64AB, 67, 67AA or 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 or subsequent offence.
(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) Where a person is
prosecuted for an offence against this section of failing to comply with a
requirement to provide a sample of his breath for a preliminary test it shall
be a defence to the prosecution if the accused satisfies the court that he
complied, in accordance with section 66, with a requirement mentioned in
section 67(2)(a) or 67(2)(b) that arose out of —
(a) his
failure to comply with the first-mentioned requirement; or
(b) the
circumstances that gave rise to the first-mentioned requirement.
[Section 67A inserted by No. 82 of 1982
s. 16; amended by No. 121 of 1987 s. 7; No. 11 of 1988
s. 24; No. 50 of 1997 s. 13; No. 39 of 2000 s. 36;
No. 84 of 2004 s. 82; No. 54 of 2006 s. 19; No. 6 of 2007
s. 11.]