Western Australian Consolidated Acts Western Australian Consolidated Acts For the purposes of
section 59B(5) and sections 63 to 73, inclusive —
analyst means a person certified by the chief
executive officer of the Chemistry Centre (WA) as being competent to determine
the concentration of alcohol in bodily substances;
approved device means a device of a type approved
by the Minister under section 72(2)(c) for the purpose of ascertaining
the presence of prescribed illicit drugs in a person’s oral fluid;
authorised drug tester means a person authorised
by the Commissioner of Police to collect, and conduct drug testing of, samples
of oral fluid for the purposes of section 66D;
authorised person means a person certified by the
chief executive officer of the Chemistry Centre (WA) as being competent to
operate all types of breath analysing equipment;
blood alcohol content means the concentration of
alcohol in a person’s blood, expressed in grams of alcohol per 100ml of
blood;
breath analysing equipment means apparatus of a
type approved by the Minister for the purpose of ascertaining a person’s
blood alcohol content by analysis of a sample of his breath;
conduct includes behaviour and demeanour;
driver assessment means an assessment of drug
impairment required by a member of the Police Force under section 66A(1)
or (2);
drug means —
(a) a
drug to which the Misuse of Drugs Act 1981 applies; or
(b) a
substance that is included in the Poisons Act 1964 Schedule 4; or
(c) a
substance (other than alcohol) that, when consumed or used by a person,
deprives the person (temporarily or permanently) of any of the person’s
normal mental or physical faculties;
drug testing , in relation to oral fluid, means
testing for the presence of prescribed illicit drugs;
drugs analyst means a person certified by the
chief executive officer of the Chemistry Centre (WA) as being competent to
ascertain whether and to what extent drugs are present in bodily substances;
medical practitioner has the meaning given to that
term in the Medical Practitioners Act 2008 section 4;
preliminary oral fluid test means a test of a
sample of a person’s oral fluid by means of a device of a type approved
by the Minister under section 72(2)(d) for the purpose of providing a
preliminary indication of the presence of prescribed illicit drugs in the oral
fluid, and a person undergoes a preliminary oral fluid test if the person
provides a sample of the person’s oral fluid for a preliminary oral
fluid test;
preliminary test means a test of a sample of a
person’s breath by means of apparatus of a type approved by the Minister
for the purpose of providing an indication of a person’s blood alcohol
content or an indication of whether or not a person’s blood alcohol
content is of or above a predetermined level or an indication of whether or
not alcohol is present in the blood of a person;
prescribed illicit drug means a drug that is
declared by the regulations to be a prescribed illicit drug;
registered nurse has the meaning given to that
term in section 3 of the Nurses and Midwives Act 2006 ;
self-testing breath analysing equipment means
breath analysing equipment of a type that is designated as self-testing
apparatus under section 72(2a).
[Section 65 amended by No. 82 of 1982
s. 14; No. 121 of 1987 s. 5; No. 19 of 1990 s. 8;
No. 39 of 2000 s. 34; No. 44 of 2004 s. 8; No. 50 of 2006
s. 114; No. 6 of 2007 s. 7; No. 10 of 2007 s. 43;
No. 39 of 2007 s. 9; No. 22 of 2008 s. 162.]
[Section 65. Modifications to be applied in order
to give effect to Cross-border Justice Act 2008: section altered 1 Nov 2009.
See endnote 1M.]