Western Australian Consolidated Acts Western Australian Consolidated Acts (1) The Governor may
make regulations prescribing all matters that are necessary or convenient for
the purpose of carrying out, or giving effect to, the provisions of
section 59B(5) and sections 63 to 73 inclusive, and, in particular
and without limiting the generality of the foregoing, may make
regulations —
(a)
prescribing the manner of providing samples of breath and oral fluid and
taking samples of blood, and regulating the manner of dealing with samples of
breath, blood, urine and oral fluid; and
(aa)
prescribing equipment for use in the taking of samples of blood and the
collection of samples of urine and oral fluid; and
(ab)
prescribing the manner and methods by which samples of blood may be analysed
for alcohol; and
(ac)
prescribing the manner and methods by which samples of blood, urine and oral
fluid may be analysed for drugs; and
(b)
prescribing the manner of operation of breath analysing equipment and of
determining breath analysing equipment, other than self-testing breath
analysing equipment, to be in proper working order; and
(ba)
prescribing the manner of indication of a result for the purposes of
section 68(7) and (8); and
(bb)
prescribing the procedure for assessing whether a person is drug impaired; and
(bc)
prescribing the procedure for conducting preliminary oral fluid tests; and
(bd)
prescribing the procedure for drug testing samples of oral fluid by an
approved device; and
(c)
prescribing forms, including any certificate required for the purposes of the
sections herein mentioned; and
(d)
prescribing the fees payable to a medical practitioner or registered nurse
attending a person for the purpose of taking a sample of his blood or
collecting a sample of his urine and those payable in respect of the analysis
of a sample of blood by an analyst, or a sample of blood, urine or oral fluid
by a drugs analyst, and for the payment and recovery of those fees.
(1a) Without limiting
subsection (1), procedures may be prescribed under
subsection (1)(bc) or (bd) by reference to instructions provided by the
manufacturer of a device of a type approved under subsection (2)(c) or
(d).
(2) The Minister may,
from time to time, by notice published in the Government Gazette , approve
of —
(a)
types of apparatus for the purpose of ascertaining a person’s blood
alcohol content by analysis of a sample of the person’s breath; and
(b)
types of apparatus for the purpose of conducting preliminary tests for the
purposes of section 66; and
(c)
types of devices for the purpose of conducting drug testing of a sample of a
person’s oral fluid for the purposes of section 66D; and
(d)
types of devices for the purpose of conducting preliminary oral fluid tests
for the purposes of section 66C,
and may, by notice so
published, revoke any such approval.
(2a) Where approval is
given under subsection (2)(a) in relation to a type of apparatus that, in
the opinion of the Minister, does not need to be tested to determine whether
it is in proper working order after each occasion on which it is used to make
an analysis of a sample of breath, the Minister may, in the notice by which
the approval is given, designate that type of apparatus as self-testing
apparatus.
(3) The chief
executive officer of the Chemistry Centre (WA) may, from time to
time —
(a)
certify a person as being competent to determine the concentration of alcohol
in bodily substances; and
(aa)
certify a person as being competent to ascertain whether and to what extent
drugs are present in bodily substances; and
(b)
certify a person as being competent to operate all types of breath analysing
equipment,
and may rescind any
certificate given under this subsection.
(4) The Commissioner
of Police may, from time to time, authorise a person to collect, and conduct
drug testing of, samples of oral fluid for the purposes of section 66D.
(5) The Commissioner
of Police must not authorise a person under subsection (4) unless, in the
opinion of the Commissioner of Police, the person has the appropriate training
to collect, and conduct drug testing of, samples of oral fluid in accordance
with the regulations.
[Section 72 amended by No. 82 of 1982
s. 19; No. 121 of 1987 s. 10; No. 19 of 1990 s. 8;
No. 39 of 2000 s. 36; No. 44 of 2004 s. 11; No. 6 of 2007
s. 17; No. 10 of 2007 s. 43; No. 39 of 2007 s. 15.]