ROAD TRAFFIC ACT 1974 - SECT 65
ROAD TRAFFIC ACT 1974 - SECT 65
65 . Terms used in s. 59 to 73
For the purposes of
sections 59 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
Commissioner of Police 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 100 ml of
blood;
breath analysing equipment means apparatus of a
type approved by the Minister under section 72(2)(a) for the purpose of
ascertaining a person’s blood alcohol content by analysis of a sample of
his breath;
conduct includes behaviour and demeanour;
dentist means a person registered under the Health
Practitioner Regulation National Law (Western Australia) in the dental
profession whose name is entered on the Dentists Division of the Register of
Dental Practitioners kept under that Law;
driver assessment means an assessment of drug
impairment required by a police officer under section 66A(1) or (2);
drug means —
(a) a
drug to which the Misuse of Drugs Act 1981 applies; or
(b) a
Schedule 4 poison as defined in the Medicines and Poisons Act 2014 section 3;
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 means a person who is
registered under the Health Practitioner Regulation National Law (Western
Australia) in the medical profession;
nurse practitioner means a person registered under
the Health Practitioner Regulation National Law (Western Australia) in the
nursing profession whose registration under that Law is endorsed as nurse
practitioner;
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
under section 72(2)(b) 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;
prescribed sample taker means —
(a) a
medical practitioner or registered nurse; or
(b) an
appropriately qualified person prescribed for the purposes of the provision in
which the term is used;
registered nurse means a person who is registered
under the Health Practitioner Regulation National Law (Western Australia) in
the nursing profession whose name is entered on Division 1 of the Register of
Nurses kept under that Law as a registered nurse.
[Section 65 amended: 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 Sch. 3 cl. 20(3); No. 6 of 2007 s. 7; No. 10 of 2007 s. 43; No.
39 of 2007 s. 9; No. 22 of 2008 Sch. 3 cl. 51; No. 35 of 2010 s. 153; No. 8 of
2012 s. 37; No. 13 of 2014 s. 188; No. 25 of 2016 s. 8 and 33; No. 4 of 2018
s. 120; No. 27 of 2020 s. 14.]
[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.]