Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this section
—
requirement means a requirement of a member of the
Police Force made under section 66D or 66E.
(2) A person who fails
to comply with a requirement —
(a) to
provide a sample of oral fluid for drug testing; or
(b) to
allow a medical practitioner or registered nurse to take a sample of the
person’s blood for analysis,
commits an offence.
(3) 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.
(4) For the purposes
of subsection (3), where a person is convicted of an offence against this
section any offence previously committed by the person against
section 64AC or 67AA or section 67 as in force after the coming into
operation of section 16 of the Road Traffic Amendment Act (No. 2) 1982 1
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.
(5) It is a defence to
a prosecution for an offence against this section if the accused satisfies the
court that there was some substantial reason for the accused’s failure
to comply other than a desire to avoid providing information that might be
used as evidence.
[Section 67AB inserted by No. 6 of 2007
s. 10; amended by No. 14 of 2011 s. 15.]