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ROAD TRAFFIC ACT 1974 - SECT 72

ROAD TRAFFIC ACT 1974 - SECT 72

72 .         Taking and testing samples: regulations for s. 59 to 73, and approval of apparatus and persons

        (1)         The Governor may make regulations prescribing all matters that are necessary or convenient for the purpose of carrying out, or giving effect to, the provisions of sections 59 to 73 inclusive, and, in particular and without limiting the generality of the foregoing, may make regulations —

            (a)         prescribing the manner of providing samples of breath and oral fluid and taking samples of blood, and regulating the manner of dealing with samples of breath, blood and oral fluid; and

            (aa)         prescribing equipment for use in the taking of samples of blood and the collection of samples of oral fluid; and

            (ab)         prescribing the manner and methods by which samples of blood may be analysed for alcohol; and

            (ac)         prescribing the manner and methods by which samples of blood and oral fluid may be analysed for drugs; and

            (b)         prescribing the manner of operation of breath analysing equipment and of determining breath analysing equipment to be in proper working order; and

            (ba)         prescribing the manner of indication of a result for the purposes of section 68(7) and (8); and

            (bb)         prescribing the procedure for assessing whether a person is drug impaired; and

            (bc)         prescribing the procedure for conducting preliminary oral fluid tests; and

            (bd)         prescribing the procedure for drug testing samples of oral fluid by an approved device; and

            (c)         prescribing forms, including any certificate required for the purposes of the sections herein mentioned; and

            (d)         prescribing the fees payable to a prescribed sample taker attending a person for the purpose of taking a sample of their blood and those payable in respect of the analysis of a sample of blood by an analyst, or a sample of blood or oral fluid by a drugs analyst, and for the payment and recovery of those fees.

        (1a)         Without limiting subsection (1), procedures may be prescribed under subsection (1)(bc) or (bd) by reference to instructions provided by the manufacturer of a device of a type approved under subsection (2)(c) or (d).

        (2)         The Minister may, from time to time, by notice published in the Government Gazette , approve of —

            (a)         types of apparatus for the purpose of ascertaining a person’s blood alcohol content by analysis of a sample of the person’s breath; and

            (b)         types of apparatus for the purpose of conducting preliminary tests for the purposes of section 66; and

            (c)         types of devices for the purpose of conducting drug testing of a sample of a person’s oral fluid for the purposes of section 66D; and

            (d)         types of devices for the purpose of conducting preliminary oral fluid tests for the purposes of section 66C,

                and may, by notice so published, revoke any such approval.

        [(2a)         deleted]

        (3A)         In subsection (2) —

        Minister means the Minister to whom the administration of the Police Act 1892 is committed.

        (3)         The chief executive officer of the Chemistry Centre (WA) may, from time to time —

            (a)         certify a person as being competent to determine the concentration of alcohol in bodily substances; and

            (aa)         certify a person as being competent to ascertain whether and to what extent drugs are present in bodily substances,

        [(b)         deleted]

                and may rescind any certificate given under this subsection.

        (4)         The Commissioner of Police may, from time to time —

            (a)         certify a person as being competent to operate all types of breath analysing equipment; and

            (b)         authorise a person to collect, and conduct drug testing of, samples of oral fluid for the purposes of section 66D; and

            (c)         rescind or revoke a certificate or an authorisation.

        (5)         The Commissioner of Police must not certify a person under subsection (4)(a) unless, in the Commissioner’s opinion, the person has the appropriate training to operate all types of breath analysing equipment.

        (6)         The Commissioner of Police must not authorise a person under subsection (4)(b) unless, in the Commissioner’s opinion, the person has the appropriate training to collect, and conduct drug testing of, samples of oral fluid in accordance with the regulations.

        (7)         If the certification of a person by the chief executive officer of the Chemistry Centre (WA) under subsection (3)(b) was in effect immediately before commencement day, the certification has effect, on and after commencement day, as if it were the certification of the person by the Commissioner of Police under subsection (4)(a) (including for the purposes of section 70(2)(a)).

        (8)         In subsection (7) —

        commencement day means the day on which the Road Traffic Legislation Amendment Act 2016 section 12 comes into operation.

        [Section 72 amended: No. 82 of 1982 s. 19; No. 121 of 1987 s. 10; No. 19 of 1990 s. 8; No. 39 of 2000 s. 36; No. 44 of 2004 s. 11; No. 6 of 2007 s. 17; No. 10 of 2007 s. 43; No. 39 of 2007 s. 15; No. 25 of 2016 s. 12 and 40; No. 27 of 2020 s. 37.]

[ 72A.         Deleted: No. 27 of 2020 s. 38.]

        [Heading inserted: No. 10 of 2004 s. 10.]