Road Traffic Amendment (Blood Alcohol Content) Act 2019
Western Australia
Road Traffic Amendment (Blood Alcohol Content) Act 2019
Contents
Part 1 — Preliminary
1.Short title2
2.Commencement2
Part 2 — Road Traffic Act 1974 amended
3.Act amended3
4.Section 71 replaced3
71.Evidence of blood alcohol content for offences against s. 62B, 63, 64, 64AA, 64A and 64AAA3
5.Section 110 inserted4
110.Savings provisions for the Road Traffic Amendment (Blood Alcohol Content) Act 20194
Part 3 — Amendments to other Acts
Division 1 — Road Traffic Amendment (Alcohol Interlocks and Other Matters) Act 2015 amended
6.Act amended5
7.Section 9 deleted5
Division 2 — Road Traffic Legislation Amendment Act 2016 amended
8.Act amended5
9.Section 64 deleted5
Road Traffic Amendment (Blood Alcohol Content) Act 2019
An Act to amend the Road Traffic Act 1974 to remove the back calculation of blood alcohol content and to make minor amendments to —
·the Road Traffic Amendment (Alcohol Interlocks and Other Matters) Act 2015; and
·the Road Traffic Legislation Amendment Act 2016.
[Assented to 15 August 2019]
The Parliament of Western Australia enacts as follows:
This is the Road Traffic Amendment (Blood Alcohol Content) Act 2019.
This Act comes into operation as follows —
(a)Part 1 — on the day on which this Act receives the Royal Assent;
(b)the rest of the Act — on the 28th day after that day.
Part 2 — Road Traffic Act 1974 amended
This Part amends the Road Traffic Act 1974.
Delete section 71 and insert:
71.Evidence of blood alcohol content for offences against s. 62B, 63, 64, 64AA, 64A and 64AAA
(1)In any proceeding for an offence against section 62B the instructor is, in the absence of proof to the contrary, taken to have a particular blood alcohol content at the time of the driving instruction if it is proved that the instructor had the blood alcohol content —
(a)in the case where the sample was taken under section 66(8B), at any time within 12 hours after the time that the instructor was providing the instruction; or
(b)in any other case, at any time within 4 hours after the time that the instructor was providing the instruction.
(2)In any proceeding for an offence against section 63, 64, 64AA, 64A or 64AAA the person charged is, in the absence of proof to the contrary, taken to have a particular blood alcohol content at the time of the driving or attempted driving if it is proved that the person had the blood alcohol content —
(a)in the case where the sample was taken under section 66(8B), at any time within 12 hours after the driving or attempted driving; or
(b)in any other case, at any time within 4 hours after the driving or attempted driving.
After section 109 insert:
110.Savings provisions for the Road Traffic Amendment (Blood Alcohol Content) Act 2019
(1)In this section —
commencement day means the day on which the Road Traffic Amendment (Blood Alcohol Content) Act 2019 section 4 comes into operation;
former Act means the Road Traffic Act 1974 as in force immediately before commencement day.
(2)A person’s blood alcohol content must be calculated in accordance with the former Act if —
(a)a sample of the person’s breath or blood was provided or taken for analysis under Part V Division 2 of the former Act; and
(b)the sample is to be used for the calculation of the person’s blood alcohol content for the purposes of proceedings referred to in section 70(1) of the Act.
Part 3 — Amendments to other Acts
Division 1 — Road Traffic Amendment (Alcohol Interlocks and Other Matters) Act 2015 amended
This Division amends the Road Traffic Amendment (Alcohol Interlocks and Other Matters) Act 2015.
Delete section 9.
Division 2 — Road Traffic Legislation Amendment Act 2016 amended
This Division amends the Road Traffic Legislation Amendment Act 2016.
Delete section 64.
By Authority: KEVIN J. McRAE, Government Printer By Authority: KEVIN J. McRAE, Government Printer Error! Unknown document property name.