Western Australian Numbered Acts Western Australian Numbered Acts After section 66
the following sections are inserted —
“
66A. Requirement to undergo driver
assessment
(1) A member of the
Police Force may require —
(a) the
driver or person in charge of a motor vehicle; or
(b) any
person the member of the Police Force has reasonable grounds to believe was
the driver or person in charge of a motor vehicle,
to undergo an
assessment of drug impairment if a member of the Police Force has reasonable
grounds to believe that the person is, or was while driving or attempting to
drive the motor vehicle, impaired by something, other than alcohol alone,
affecting the person’s capacity to drive a motor vehicle.
(2) Where a member of
the Police Force —
(a) has
reasonable grounds to believe that the presence of a motor vehicle has
occasioned, or its use has been an immediate or proximate cause of, personal
injury or damage to property; and
(b) does
not know, or has doubt as to, who was the driver or person in charge of the
motor vehicle at the time of that presence or use,
but has reasonable
grounds to believe —
(c) that
the person may have been the driver or person in charge of the motor vehicle
at that time; and
(d) that
the person was at that time impaired by something, other than alcohol alone,
affecting the person’s capacity to drive a motor vehicle,
a member of the Police
Force may require the person to undergo an assessment of drug impairment.
(3) For the purposes
of subsection (1) or (2) a member of the Police Force may require a
person who is required to undergo a driver assessment to wait at the place at
which the requirement was made.
(4) Where a person
required under subsection (1) or (2) to undergo a driver assessment is in
a motor vehicle, a member of the Police Force may require the person to leave
the vehicle for the purpose of undergoing the assessment.
(5) A person who is
required to undergo a driver assessment shall comply with that requirement by
undergoing the assessment in accordance with the directions of a member of the
Police Force.
(6) A person shall not
be required to undergo a driver assessment if it appears to a member of the
Police Force that —
(a) the
driver assessment could not be conducted within 4 hours after the time at
which driving, attempted driving, use or management of a motor vehicle in
circumstances giving rise to the requirement is believed to have taken place;
or
(b)
because of the person’s physical condition the person is incapable of
undergoing the driver assessment.
(7) A driver
assessment shall be conducted by a member of the Police Force in accordance
with regulations prescribing the procedure for assessing drug impairment.
66B. Requirement to provide blood or urine sample
if driver assessment indicates drug impairment
(1) Where —
(a) a
person having undergone a driver assessment, it appears to a member of the
Police Force that the assessment indicates that the person is drug impaired;
or
(b) a
person refuses or fails to undergo a driver assessment having been required to
do so; or
(c) a
member of the Police Force might require a person to undergo a driver
assessment but is precluded from doing so by section 66A(6)(b),
a member of the Police
Force may require the person —
(d) to
allow a medical practitioner or registered nurse nominated by the person to
take a sample of the person’s blood for analysis; or
(e) to
provide a medical practitioner or registered nurse nominated by the person
with a sample of the person’s urine for analysis,
or to do both of those
things, and for the purposes of this subsection may require the person to
accompany a member of the Police Force to a place, and may require the person
to wait at that place.
(2) Where a person is
incapable of complying with a requirement under subsection (1)(d), a
member of the Police Force may cause a medical practitioner or registered
nurse to take a sample of the person’s blood for analysis.
(3) Where a person is
apparently unconscious or seriously injured a member of the Police Force shall
facilitate the provision of medical assistance for the person.
(4) A person shall not
be required —
(a) to
allow a medical practitioner or registered nurse to take a sample of the
person’s blood; or
(b) to
provide a medical practitioner or registered nurse with a sample of the
person’s urine,
under
subsection (1), and a medical practitioner or registered nurse shall not
be caused to take a sample of a person’s blood under
subsection (2), if it appears to the member of the Police Force that the
sample cannot be taken or provided, as the case may be, within 4 hours
after the time at which driving, attempted driving, use or management of a
vehicle in circumstances giving rise to the requirement is believed to have
taken place.
(5)
Subsection (6) applies to a person if, under
subsection (1) —
(a) a
member of the Police Force requires the person —
(i)
to allow a medical practitioner or registered nurse
nominated by the person to take a sample of the person’s blood for
analysis; or
(ii)
to provide a medical practitioner or registered nurse
nominated by the person with a sample of the person’s urine for
analysis,
or to do both of those
things, and the person fails to nominate a medical practitioner or registered
nurse; or
(b) the
person nominates a medical practitioner or registered nurse to take a sample
of the person’s blood or to collect a sample of the person’s
urine, or for both of those purposes, but a member of the Police Force has
reasonable grounds to believe that the medical practitioner or registered
nurse so nominated —
(i)
is not available within a distance of 40 kilometres;
or
(ii)
is not available within the time prescribed by
subsection (4); or
(iii)
refuses to take the blood sample or collect the urine
sample or to do either of those things; or
(iv)
cannot readily be located.
(6) If this subsection
applies to a person, a member of the Police Force may require the
person —
(a) to
allow a medical practitioner or registered nurse nominated by the member of
the Police Force to take a sample of the person’s blood for analysis; or
(b) to
provide a medical practitioner or registered nurse nominated by the member of
the Police Force with a sample of the person’s urine for analysis,
or to do both of those
things, and for the purposes of this subsection may require the person to
accompany a member of the Police Force to a place, and may require the person
to wait at that place.
66C. Requirement to undergo a preliminary oral
fluid test
(1) A member of the
Police Force may require the driver or person in charge of a motor vehicle, or
any person he has reasonable grounds to believe was the driver or person in
charge of a motor vehicle, to undergo a preliminary oral fluid test.
(2) A member of the
Police Force may —
(a) call
upon the driver of a motor vehicle to stop the vehicle;
(b)
direct the driver of a motor vehicle to wait at a place indicated by the
member of the Police Force,
in order that a
requirement may be made under subsection (1).
(3) Where a member of
the Police Force —
(a) has
reasonable grounds to believe that the presence of a motor vehicle has
occasioned, or its use has been an immediate or proximate cause of, personal
injury or damage to property; and
(b) does
not know, or has doubt as to, who was the driver or person in charge of the
motor vehicle at the time of that presence or use,
the member of the
Police Force may require any person who he has reasonable grounds to believe
may have been the driver or person in charge of the motor vehicle at that time
to undergo a preliminary oral fluid test.
(4) For the purposes
of subsection (1) or (3) a member of the Police Force may require a
person who is required to undergo a preliminary oral fluid test to wait at the
place at which the requirement was made.
(5) Where a person
required to undergo a preliminary oral fluid test is in a motor vehicle, a
member of the Police Force may require the person to leave the vehicle for the
purpose of undergoing the test.
(6) A person who is
required to undergo a preliminary oral fluid test shall comply with that
requirement by undergoing the test in accordance with the directions of a
member of the Police Force.
(7) A preliminary oral
fluid test shall be conducted by a member of the Police Force in accordance
with regulations prescribing the procedure for those tests.
66D. Requirement to provide sample of oral fluid
for testing
(1) Where —
(a) a
person having undergone a preliminary oral fluid test, it appears to a member
of the Police Force that the test indicates that the person’s oral fluid
contains a prescribed illicit drug; or
(b) a
person refuses or fails to undergo a preliminary oral fluid test having been
required to do so,
a member of the Police
Force may require the person to provide a sample of the person’s oral
fluid for drug testing, and for the purposes of this subsection may require
the person to accompany a member of the Police Force to a place, and may
require the person to wait at that place.
(2) A person who is
required under subsection (1) to provide a sample of oral fluid for drug
testing shall comply with that requirement by providing the sample in
accordance with the directions of an authorised drug tester.
(3) A person shall not
be required under subsection (1) to provide a sample of oral fluid for
drug testing if it appears to a member of the Police Force
that —
(a) the
sample of oral fluid could not be provided within 4 hours after the time
at which driving, attempted driving, use or management of a motor vehicle in
circumstances giving rise to the requirement is believed to have taken place;
or
(b)
because of the person’s physical condition the person is incapable of
providing the sample of oral fluid.
(4) Where, under
subsection (1), a person provides a sample of oral fluid for drug
testing, an authorised drug tester shall —
(a)
collect the sample in the manner prescribed by the regulations; and
(b)
conduct drug testing of the sample by an approved device in accordance with
the procedure prescribed by the regulations.
66E. Requirement or right to provide sample of
blood for analysis instead of providing sample of oral fluid
(1) Where a member of
the Police Force might, under section 66D(1), require a person to provide
a sample of oral fluid for drug testing but is precluded from doing so by
section 66D(3)(b), a member of the Police Force may require the person to
allow a medical practitioner or registered nurse nominated by the person to
take a sample of the person’s blood for analysis, and for the purposes
of this subsection may require the person to accompany a member of the Police
Force to a place, and may require the person to wait at that place.
(2) Where a person is
incapable of complying with a requirement under subsection (1), a member
of the Police Force may cause a medical practitioner or registered nurse to
take a sample of the person’s blood for analysis.
(3) Where a person is
apparently unconscious or seriously injured a member of the Police Force shall
facilitate the provision of medical assistance for the person.
(4) A person shall not
be required to allow a medical practitioner or registered nurse to take a
sample of the person’s blood under subsection (1), and a medical
practitioner or registered nurse shall not be caused to take a sample of a
person’s blood under subsection (2), if it appears to the member of
the Police Force that the sample cannot be taken or provided, as the case may
be, within 4 hours after the time at which driving, attempted driving,
use or management of a vehicle in circumstances giving rise to the requirement
is believed to have taken place.
(5) A person who has
been required, under section 66D(1), to provide a sample of oral fluid
for drug testing may require that, instead of so doing, the person be
permitted to allow a medical practitioner or registered nurse nominated by the
person to take a sample of the person’s blood for analysis.
(6)
Where —
(a)
under subsection (1), a member of the Police Force requires a person to
allow a medical practitioner or registered nurse nominated by the person to
take a sample of the person’s blood for analysis, and the person fails
to nominate a medical practitioner or registered nurse; or
(b)
under subsection (1) or (5), a person nominates a medical practitioner or
registered nurse to take a sample of the person’s blood for analysis,
but a member of the Police Force has reasonable grounds to believe that the
medical practitioner or registered nurse so nominated —
(i)
is not available within a distance of 40 kilometres;
or
(ii)
is not available within the time prescribed by
subsection (4); or
(iii)
refuses to take the blood sample; or
(iv)
cannot readily be located,
the member of the
Police Force may require the person to allow a medical practitioner or
registered nurse nominated by the member of the Police Force to take a sample
of the person’s blood for analysis, and for the purposes of this
subsection may require the person to accompany a member of the Police Force to
a place, and may require the person to wait at that place.
66F. Medical practitioners and registered nurses
authorised to take blood samples
(1) Where under
section 66, 66B or 66E a member of the Police Force —
(a)
requires a person to allow a medical practitioner or registered nurse
nominated by the member of the Police Force to take a sample of the
person’s blood for analysis; or
(b)
causes a medical practitioner or registered nurse to take a sample of a
person’s blood for analysis,
this section
authorises the medical practitioner or registered nurse to take that sample.
(2) No action lies
against a person who is a medical practitioner or registered nurse by reason
only of the person taking a sample of another person’s blood for
analysis under section 66, 66B or 66E.
”.