Western Australian Consolidated Acts Western Australian Consolidated Acts (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.
[Section 66B inserted by No. 6 of 2007
s. 9.]
[Section 66B. Modifications to be applied in order
to give effect to Cross-border Justice Act 2008: section altered 1 Nov 2009.
See endnote 1M.]