Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Where, pursuant to
the provisions of section 66, 66B or 66E, a medical practitioner or
registered nurse takes a sample of a person’s blood for analysis the
sample shall be taken in accordance with the regulations, or otherwise in a
proper manner, and shall be divided into 2 parts, each of which shall be
deemed to be a sample of the person’s blood for the purposes of this
Act, and one of which shall be given to or retained for the person from whom
it was taken, or shall be given to some other person on behalf of the
first-mentioned person, and the other of which shall be given to a member of
the Police Force.
(1a) If, instead of a
sample of a person’s blood being taken and divided into 2 parts, 2
samples of the person’s blood are taken one immediately after the other,
and in a manner prescribed in the regulations —
(a) the
taking of those 2 samples is to be regarded as the taking of a single sample
at the time at which the first of the 2 samples began to be taken; and
(b) each
of the 2 samples taken is to be regarded as a part into which the single
sample has been divided.
(2) Where a sample of
blood is analysed for alcohol by an analyst in accordance with the regulations
the blood alcohol content of the sample shall be the analysis result and shall
be deemed to be the person’s blood alcohol content at the time the
sample of blood was taken.
[Section 69 amended by No. 105 of 1981
s. 19; No. 39 of 2000 s. 36; No. 54 of 2006 s. 20;
No. 6 of 2007 s. 12; No. 39 of 2007 s. 13.]