Western Australian Consolidated Acts Western Australian Consolidated Acts (1) A person who
drives or attempts to drive a motor vehicle while impaired by drugs commits an
offence, and the offender may be arrested without warrant.
(2) A person convicted
of an offence against this section is liable —
(a) for
a first offence, to a fine of not less than 16 PU or more than 50 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; and
(b) for
a second offence, to a fine of not less than 30 PU or more than 70 PU or to
imprisonment for 9 months; 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 2 years; and
(c) for
a third or subsequent offence, to a fine of not less than 40 PU or more than
100 PU or to imprisonment for 18 months; and, in any event, the court
convicting the person shall order that the person be permanently disqualified
from holding or obtaining a driver’s licence.
(3) For the purposes
of subsection (2), where a person is convicted of an offence against this
section any offence previously committed by the person against section 63
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, third or subsequent offence.
(4) Section 63(4)
to (4b) extend to the charging of a person with an offence against this
section.
(5) The accused may be
convicted of an offence against this section if the prosecutor proves that
—
(a) the
accused drove or attempted to drive a motor vehicle; and
(b) one
or more drugs were present in the accused’s body at the time of that
driving or attempted driving; and
(c) the
conduct, condition or appearance of the accused at or after the time of that
driving or attempted driving, or during a driver assessment, was consistent
with conduct, a condition or an appearance associated with a person who has
consumed or used that drug or those drugs; and
(d) the
conduct or condition associated with a person who has consumed or used that
drug or those drugs would be inconsistent with the person being capable of
having proper control of a motor vehicle.
(6) A person charged
with an offence against this section may, instead of being convicted of that
offence, be convicted of an offence against section 63 or 64AC.
(7) If in any
proceeding for an offence against this section it is proved that a certain
drug was present in the accused’s body at any time within 4 hours
after the time of the driving or attempted driving of a motor vehicle that
gave rise to the alleged offence, the presence of that drug in the
accused’s body at the time of that driving or attempted driving is taken
to be proved in the absence of proof to the contrary.
(8) In any proceeding
for an offence against this section it is a defence for the accused to prove
in respect of the drug, or each drug, referred to in
subsection (5) —
(a) that
the drug was —
(i)
taken pursuant to a prescription of a medical
practitioner, nurse practitioner registered under the Nurses Act 1992
2 , or registered dentist; or
(ii)
administered by a medical practitioner, nurse
practitioner registered under the Nurses Act 1992 2 , or
registered dentist,
for therapeutic
purposes; and
(b) that
where the drug was received or obtained by the accused in a packaged form, the
packaging of the drug did not include a label advising that the drug was
likely to result in conduct or a condition that would be inconsistent with the
person being capable of having proper control of a motor vehicle; and
(c) that
the accused was not aware, and could not reasonably have been expected to be
aware, that the drug was likely to result in conduct or a condition that would
be inconsistent with the person being capable of having proper control of a
motor vehicle.
(9)
Subsection (8) has effect despite subsection (5).
[Section 64AB inserted by No. 6 of 2007
s. 6.]