Road Traffic Amendment (Impaired Driving and Penalties) Act 2020 00-00-00 Xml

Western Australia

Road Traffic Amendment (Impaired Driving and Penalties) Act 2020

No. 27 of 2020

An Act to amend the Road Traffic Act 1974 and to make consequential and other amendments to various Acts.

[Assented to 9 July 2020]

The Parliament of Western Australia enacts as follows:

Part 1 — Preliminary

1.Short title

This is the Road Traffic Amendment (Impaired Driving and Penalties) Act 2020.

2.Commencement

(1)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 a day fixed by proclamation, and different days may be fixed for different provisions.

(2)However —

(a)if no day is fixed under subsection (1)(b) before the end of the period of 10 years beginning on the day on which this Act receives the Royal Assent, this Act is repealed on the day after that period ends; or

(b)if paragraph (a) does not apply, and a provision of this Act does not come into operation before the end of the period of 10 years beginning on the day on which this Act receives the Royal Assent, the provision is repealed on the day after that period ends.

Part 2 — Road Traffic Act 1974 amended

3.Act amended

This Part amends the Road Traffic Act 1974.

4.Section 62B amended

(1)In section 62B(1) in the Penalty delete “6 PU or more than 10 PU.” and insert:

15 PU or more than 25 PU.

(2)In section 62B(2)(b) and (c) delete “section 63 or 67, or for a second or subsequent offence against section 64, committed after the commencement of the Road Traffic Amendment Act 1997; or” and insert:

section 63, 67 or 67AD(6), or for a second or subsequent offence against section 64, 64B(3) or 67AD(4); or

(3)In section 62B(4) and (5) in the Penalty delete “6 PU or more than 10 PU.” and insert:

15 PU or more than 25 PU.

5.Section 62C amended

In section 62C(1) in the Penalty delete “6 PU or more than 10 PU.” and insert:

15 PU or more than 25 PU.

6.Section 63 amended

(1)In section 63(1):

(a)in paragraph (b) delete “vehicle; or” and insert:

vehicle,

(b)delete paragraph (c);

(c)delete “offence, and the offender may be arrested without warrant.” and insert:

offence.

(2)At the end of section 63(1) insert:

Penalty for this subsection:

(a)for a first offence, if the person has committed the offence under paragraph (a) and has been previously convicted of an offence against section 64 —

(i)a fine of not less than 48 PU and not more than 75 PU; and

(ii)the court convicting the person must, in any event, order that the person be disqualified from holding or obtaining a driver’s licence for a period not less than the minimum period of disqualification that would apply if the offence were against section 64 instead of this section and the person’s blood alcohol content were above 0.14 g of alcohol per 100 ml of blood;

(b)for a first offence, if the person has committed the offence under paragraph (a) and has been previously convicted of an offence against section 64B(3), or offences against sections 64 and 64B(3) —

(i)a fine of not less than 54 PU and not more than 75 PU; and

(ii)the court convicting the person must, in any event, order that the person be disqualified from holding or obtaining a driver’s licence for a period not less than the minimum period of disqualification that would apply if the offence were against section 64B(3) instead of this section and the person’s blood alcohol content were above 0.14 g of alcohol per 100 ml of blood;

(c)for a first offence, in any other case —

(i)a fine of not less than 34 PU or more than 75 PU; and

(ii)the court convicting the person must, in any event, order that the person be disqualified from holding or obtaining a driver’s licence for a period of not less than 10 months;

(d)for a second offence —

(i)a fine of not less than 63 PU or more than 105 PU or imprisonment for 9 months; and

(ii)the court convicting the person must, in any event, order that the person be disqualified from holding or obtaining a driver’s licence for a period of not less than 30 months;

(e)for a subsequent offence —

(i)a fine of not less than 63 PU or more than 150 PU or imprisonment for 18 months; and

(ii)the court convicting the person must, in any event, order that the person be permanently disqualified from holding or obtaining a driver’s licence.

(3)Delete section 63(2) and (3) and insert:

(1A)For the purposes of subsection (1), a previous conviction for an offence against subsection (2) or section 64AB, 67, 67AA or 67AD(6) is taken to be a previous offence against subsection (1).

(2)A person who drives or attempts to drive a motor vehicle while under the influence of alcohol and a drug to such an extent as to be incapable of having proper control of the vehicle commits an offence.

Penalty for this subsection:

(a)for a first offence, if the person has been previously convicted of an offence against section 64 —

(i)a fine of not less than 48 PU and not more than 113 PU; and

(ii)the court convicting the person must, in any event, order that the person be disqualified from holding or obtaining a driver’s licence for a period of not less than the minimum period of disqualification that would apply if the offence were against section 64 instead of this section and the person’s blood alcohol content were above 0.14 g of alcohol per 100 ml of blood;

(b)for a first offence, if the person has been previously convicted of an offence against section 64B(3), or offences against sections 64 and 64B(3) —

(i)a fine of not less than 72 PU and not more than 113 PU; and

(ii)the court convicting the person must, in any event, order that the person be disqualified from holding or obtaining a driver’s licence for a period of not less than the minimum period of disqualification that would apply if the offence were against section 64B(3) instead of this section and the person’s blood alcohol content were above 0.14 g of alcohol per 100 ml of blood;

(c)for a first offence, in any other case —

(i)a fine of not less than 41 PU or more than 113 PU; and

(ii)the court convicting the person must, in any event, order that the person be disqualified from holding or obtaining a driver’s licence for a period of not less than 15 months;

(d)for a second offence —

(i)a fine of not less than 95 PU or more than 158 PU or imprisonment for 9 months; and

(ii)the court convicting the person must, in any event, order that the person be disqualified from holding or obtaining a driver’s licence for a period of not less than 42 months;

(e)for a subsequent offence —

(i)a fine of not less than 95 PU or more than 225 PU or imprisonment for 18 months; and

(ii)the court convicting the person must, in any event, order that the person be permanently disqualified from holding or obtaining a driver’s licence.

(3)For the purposes of subsection (2), a previous conviction for an offence against section 64AB, 67, 67AA or 67AD(6) is taken to be a previous offence against subsection (2).

(3A)A person who commits an offence against subsection (1) or (2) may be arrested without warrant.

(4)In section 63(4):

(a)delete “shall” (first and second occurrence) and insert:

must

(b)delete “he” (each occurrence) and insert:

the person charged

(c)delete “him,” (each occurrence) and insert:

them,

(d)delete “shall be afforded him.” and insert:

must be afforded them.

(5)In section 63(5) delete “shall” and insert:

must

(6)In section 63(6) delete “this section” and insert:

subsection (1)

(7)After section 63(6) insert:

(6A)A person charged with an offence against subsection (2) may, instead of being convicted of that offence, be convicted of —

(a)an offence against subsection (1) or section 64, 64AA, 64AB, 64AC or 64B; or

(b)an offence against section 64A(1), 64AAA(1) or 64C if, at the time of the alleged offence, the person was a person to whom section 64A(1) applied; or

(c)an offence against section 64A(4), 64AAA(2) or 64C if, at the time of the alleged offence, the motor vehicle concerned was a motor vehicle to which section 64A(4) applied.

(8)In section 63(7):

(a)in paragraph (a) delete “him” (each occurrence) and insert:

the accused

(b)in paragraph (b) delete “he” and insert:

the accused

(c)in paragraph (b) delete “him” and insert:

them

Note:The heading to amended section 63 is to read:

Driving under the influence of alcohol, drugs or alcohol and drugs

7.Section 64 amended

(1)In section 64(2):

(a)in paragraph (a) delete “the relevant penalty” and insert:

a fine of not less than the minimum fine or more than the maximum fine

(b)in paragraph (b) delete “shall” and insert:

convicting the person must, in any event,

(c)delete the Table and insert:

Table

Blood alcohol content (g/100 ml)		First offence	Second offence	Subsequent offence
≥ 0.08 but < 0.09	Min: Max: Disq:	15 PU 45 PU 6 months	32 PU 45 PU 8 months	32 PU 45 PU 10 months
≥ 0.09 but < 0.11	Min: Max: Disq:	17 PU 45 PU 7 months	34 PU 45 PU 10 months	34 PU 45 PU 13 months
≥ 0.11 but < 0.13	Min: Max: Disq:	20 PU 45 PU 8 months	36 PU 60 PU 14 months	36 PU 60 PU 17 months
≥ 0.13	Min: Max: Disq:	23 PU 45 PU 9 months	48 PU 75 PU 18 months	48 PU 90 PU 30 months

Note:≥ signifies of or above

< signifies less than

Disq signifies the minimum period of disqualification

Max signifies the maximum fine

Min signifies the minimum fine

(2)In section 64(3) delete “him against section 63 or 67 shall” and insert:

the person against section 63, 64B(3), 67 or 67AD(4) or (6) must

8.Section 64AA amended

(1)In section 64AA(2) delete “10 PU.” and insert:

25 PU.

(2)In section 64AA(2a):

(a)in paragraph (a) delete “the relevant penalty” and insert:

a fine of not less than the minimum fine or more than the maximum fine

(b)in paragraph (b) delete “shall” and insert:

convicting the person must, in any event,

(c)delete the Table and insert:

Table

Blood alcohol content (g/100 ml)		Second offence	Subsequent offence
≥ 0.05 but < 0.07	Min: Max: Disq:	25 PU 40 PU 6 months	25 PU 40 PU 8 months
≥ 0.07	Min: Max: Disq:	30 PU 40 PU 8 months	30 PU 40 PU 10 months

Note:≥ signifies of or above

< signifies less than

Disq signifies the minimum period of disqualification

Max signifies the maximum fine

Min signifies the minimum fine

(3)In section 64AA(2c) delete “64A or 67 shall” and insert:

64B, 67 or 67AD must

9.Section 64A amended

(1)In section 64A(1) delete the Penalty and insert:

Penalty for this subsection:

(a)a fine of not less than 8 PU or more than 15 PU; and

(b)the court convicting the person must, in any event, order that the person be disqualified from holding or obtaining a driver’s licence for not less than 3 months.

(2)In section 64A(2)(c) delete “section 63 or 67, or for a second or subsequent offence against section 64, committed after the commencement of the Road Traffic Amendment Act 1997; or” and insert:

section 63, 67 or 67AD(6), or for a second or subsequent offence against section 64, 64B(3) or 67AD(4); or

(3)In section 64A(3) delete “section 63 or 67, or for a second or subsequent offence against section 64, committed after the commencement of the Road Traffic Amendment Act 1997.” and insert:

section 63, 67 or 67AD(6), or for a second or subsequent offence against section 64, 64B(3) or 67AD(4).

(4)In section 64A(4) delete the Penalty and insert:

Penalty for this subsection:

(a)a fine of not less than 8 PU or more than 15 PU; and

(b)the court convicting the person must, in any event, order that the person be disqualified from holding or obtaining a driver’s licence for not less than 3 months.

10.Section 64AAA amended

In section 64AAA(1) and (2) delete the Penalty and insert:

Penalty for this subsection: a fine of not less than 8 PU or more than 15 PU.

11.Section 64AB amended

(1)In section 64AB(2):

(a)in paragraph (a) delete “18 PU or more than 50 PU; and, in any event, the court convicting the person shall” and insert:

34 PU or more than 75 PU; and the court convicting the person must, in any event,

(b)in paragraph (b) delete “42 PU or more than 70 PU or to imprisonment for 9 months; and, in any event, the court convicting the person shall” and insert:

63 PU or more than 105 PU or to imprisonment for 9 months; and the court convicting the person must, in any event,

(c)in paragraph (c) delete “42 PU or more than 100 PU or to imprisonment for 18 months; and, in any event, the court convicting the person shall” and insert:

63 PU or more than 150 PU or to imprisonment for 18 months; and the court convicting the person must, in any event,

(2)In section 64AB(3) delete “section 63 or 67AA or section 67 as in force after the coming into operation of section 16 of the Road Traffic Amendment Act (No. 2) 1982 shall” and insert:

section 63, 67, 67AA or 67AD(6) must

12.Section 64AC amended

(1)In section 64AC(2):

(a)in paragraph (a) delete “10 PU; and” and insert:

25 PU; and

(b)in paragraph (b) delete “10 PU or more than 20 PU; and, in any event, the court convicting the person shall” and insert:

25 PU or more than 40 PU; and the court convicting the person must, in any event,

(2)In section 64AC(3) delete “67AB shall” and insert:

64AB, 64B, 64C, 67AB or 67AD must

(3)Delete section 64AC(4) and (5).

13.Sections 64B to 64D inserted

After section 64AC insert:

64B.Driving with blood alcohol content of or above 0.05 with prescribed illicit drug in oral fluid or blood

(1)A person commits an offence if the person drives or attempts to drive a motor vehicle while —

(a)a prescribed illicit drug is present in the person’s oral fluid or blood; and

(b)the person has a blood alcohol content of or above 0.05 g of alcohol per 100 ml of blood.

Penalty for this subsection:

(a)a fine of not less than the minimum fine or more than the maximum fine in the Table; and

(b)the court convicting the person must, in any event, order that the person be disqualified from holding or obtaining a driver’s licence for not less than the minimum period of disqualification in the Table.

Table

Blood alcohol content (g/100 ml)		First offence	Second offence	Subsequent offence
≥ 0.05 but < 0.07	Min: Max: Disq:	None 38 PU 3 months	38 PU 60 PU 9 months	38 PU 60 PU 12 months
≥ 0.07	Min: Max: Disq:	None 38 PU 3 months	45 PU 60 PU 12 months	45 PU 60 PU 15 months

Note:≥ signifies of or above

< signifies less than

Disq signifies the minimum period of disqualification

Max signifies the maximum fine

Min signifies the minimum fine

(2)For the purposes of subsection (1), a previous conviction for an offence against subsection (3) or section 63, 64, 64AA, 64AB, 64AC, 67, 67AA or 67AD is taken to be a previous offence against subsection (1).

(3)A person commits an offence if the person drives or attempts to drive a motor vehicle while —

(a)a prescribed illicit drug is present in the person’s oral fluid or blood; and

(b)the person has a blood alcohol content of or above 0.08 g of alcohol per 100 ml of blood.

Penalty for this subsection:

(a)a fine of not less than the minimum fine or more than the maximum fine in the Table; and

Table

Blood alcohol content (g/100 ml)		First offence	Second offence	Subsequent offence
≥ 0.08 but < 0.09	Min: Max: Disq:	23 PU 68 PU 9 months	48 PU 68 PU 12 months	48 PU 68 PU 15 months
≥ 0.09 but < 0.11	Min: Max: Disq:	26 PU 68 PU 11 months	51 PU 68 PU 15 months	51 PU 68 PU 20 months
≥ 0.11 but < 0.13	Min: Max: Disq:	30 PU 68 PU 12 months	54 PU 90 PU 21 months	54 PU 90 PU 26 months
≥ 0.13	Min: Max: Disq:	35 PU 68 PU 14 months	72 PU 113 PU 27 months	72 PU 135 PU 42 months

Note:≥ signifies of or above

< signifies less than

Disq signifies the minimum period of disqualification

Max signifies the maximum fine

Min signifies the minimum fine

(4)For the purposes of subsection (3), a previous conviction for an offence against section 63, 64, 64AB, 67, 67AA or 67AD(4) or (6) is taken to be a previous offence against subsection (3).

(5)For the purposes of subsections (1) and (3), an offence is a second or subsequent offence against this section irrespective of the blood alcohol content on the occasion of the conviction of any previous offence against this section.

(6)A person who commits an offence against subsection (1) or (3) may be arrested without warrant.

(7)A person charged with an offence against subsection (1) or (3) may, instead of being convicted of that offence, be convicted of an offence against —

(a)section 64, 64AA or 64AC; or

(b)section 64A(1), 64AAA(1) or 64C if, at the time of the alleged offence, the person was a person to whom section 64A(1) applied; or

(c)section 64A(4), 64AAA(2) or 64C if, at the time of the alleged offence, the motor vehicle concerned was a motor vehicle to which section 64A(4) applied.

(8)A person charged with an offence against subsection (3) may, instead of being convicted of that offence, be convicted of an offence against subsection (1).

64C.Certain persons driving with any blood alcohol content with prescribed illicit drug in oral fluid or blood

(1)A person commits an offence if —

(a)the person drives or attempts to drive a motor vehicle while —

(i)a prescribed illicit drug is present in the person’s oral fluid or blood; and

(ii)the person has any blood alcohol content;

and

(b)either —

(i)section 64A(1) applies to the person; or

(ii)section 64A(4) applies to the vehicle.

Penalty for this subsection:

(a)for a first offence —

(i)a fine of not less than 12 PU or more than 38 PU; and

(ii)the court convicting the person must, in any event, order that the person be disqualified from holding or obtaining a driver’s licence for a period of not less than 3 months;

(b)for a second or subsequent offence —

(i)a fine of not less than 38 PU or more than 60 PU; and

(ii)the court convicting the person must, in any event, order that the person be disqualified from holding or obtaining a driver’s licence for a period of not less than 9 months.

(2)It is a defence to a charge of an offence against subsection (1) for the accused to prove that the accused’s blood alcohol content was not to any extent caused by any of the following —

(a)the consumption of an alcoholic beverage (otherwise than for the purposes of religious observance);

(b)the consumption or use of any other substance (for example, food or medicine) for the purpose of consuming alcohol.

(3)For the purposes of subsection (1), a previous conviction for an offence against subsection (4) or section 63, 64, 64AA, 64A, 64AAA, 64AB, 64AC, 64B, 67, 67AA, 67AB, 67AC or 67AD is taken to be a previous offence against subsection (1).

(4)A person commits an offence if —

(a)the person drives or attempts to drive a motor vehicle while —

(i)a prescribed illicit drug is present in the person’s oral fluid or blood; and

(ii)the person has a blood alcohol content of or above 0.02 g of alcohol per 100 ml of blood;

and

(b)either —

(i)section 64A(1) applies to the person; or

(ii)section 64A(4) applies to the vehicle.

Penalty for this subsection:

(a)for a first offence —

(i)a fine of not less than 12 PU or more than 38 PU; and

(ii)the court convicting the person must, in any event, order that the person be disqualified from holding or obtaining a driver’s licence for a period of not less than 6 months;

(b)for a second or subsequent offence —

(i)a fine of not less than 38 PU or more than 60 PU; and

(ii)the court convicting the person must, in any event, order that the person be disqualified from holding or obtaining a driver’s licence for a period of not less than 10 months.

(5)For the purposes of subsection (4), a previous conviction for an offence against section 63, 64, 64AA, 64A, 64AAA, 64AB, 64AC, 64B, 67, 67AA, 67AB, 67AC or 67AD is taken to be a previous offence against subsection (4).

(6)A person charged with an offence against subsection (1) or (4) may, instead of being convicted of that offence, be convicted of an offence against section 64A(1), 64AAA(1) or 64AC.

64D.Provisions for s. 64AC, 64B and 64C

(1)If in any proceeding for an offence against section 64AC, 64B or 64C it is proved that a certain drug was present in the accused’s body at any time within 4 hours, or 12 hours if the sample was taken under section 66(8B), after the time of the driving or attempted driving of a motor vehicle that gave rise to the alleged offence, the presence of that drug in the accused’s body at the time of that driving or attempted driving is taken to be proved in the absence of proof to the contrary.

(2)If a person takes a prescribed illicit drug mistakenly believing it to be another drug, that mistake is not a defence in any proceeding for an offence against section 64AC, 64B or 64C if that other drug is also a drug within the meaning of paragraph (a) or (b) of the definition of drug in section 65.

14.Section 65 amended

(1)In section 65 delete the definition of self‑testing breath analysing equipment.

(2)In section 65 in the definition of registered nurse delete “nurse;” and insert:

nurse.

15.Section 66 amended

(1)In section 66(1) delete “he has reasonable grounds to believe was the driver or person in charge of a motor vehicle, to provide a sample of his” and insert:

the police officer has reasonable grounds to believe was the driver or person in charge of a motor vehicle, to provide a sample of the person’s

(2)In section 66(1a) delete “he has reasonable grounds to believe may have been the driver or person in charge of the motor vehicle at that time to provide a sample of his” and insert:

the police officer has reasonable grounds to believe may have been the driver or person in charge of the motor vehicle at that time to provide a sample of the person’s

(3)In section 66(2):

(a)delete “his” (1st, 2nd, 3rd, 4th and 5th occurrence) and insert:

the person’s

(b)in paragraph (d) delete “he was, he has” and insert:

the person was, they have

(c)delete “and to provide a sample of his urine for analysis, pursuant to the provisions of subsections (4), (5) and (6a),” and insert:

pursuant to the provisions of subsections (4) and (5),

(4)In section 66(3) delete “his breath for a preliminary test or for analysis shall comply with that requirement by providing the sample of his” and insert:

the person’s breath for a preliminary test or for analysis must comply with that requirement by providing the sample of their

(5)In section 66(4):

(a)delete “shall not be required under subsection (2) to provide a sample of his” and insert:

must not be required under subsection (2) to provide a sample of the person’s

(b)in paragraph (c) delete “his physical condition he is” and insert:

the person’s physical condition they are

(6)In section 66(5):

(a)delete “his” (each occurrence) and insert:

the person’s

(b)in paragraph (b) delete “him” and insert:

the person

(7)In section 66(6) delete “shall not be required to allow a prescribed sample taker to take a sample of his blood, and a prescribed sample taker shall” and insert:

must not be required to allow a prescribed sample taker to take a sample of the person’s blood, and a prescribed sample taker must

(8)Delete section 66(6a).

(9)In section 66(7):

(a)in paragraph (a) delete “a person; and” and insert:

a casualty; and

(b)in paragraph (b) delete “(the person)”.

(10)In section 66(8A) in the definition of serious bodily harm:

(a)delete “a person,” and insert:

a casualty,

(b)delete “the person” and insert:

the casualty

(11)Delete section 66(8B)(a) and insert:

(a)require the person to allow a prescribed sample taker to take a sample of the person’s blood for analysis; or

(12)In section 66(10) delete “shall” and insert:

must

(13)Delete section 66(11) and (12) and insert:

(11)A police officer may require a person to allow a prescribed sample taker nominated by the police officer to take a sample of the person’s blood for analysis, and require the person to accompany a police officer to a place and wait at that place for the purposes of taking the sample, if —

(a)the person provides a sample of their breath for analysis pursuant to a requirement made under subsection (2)(c), (ca), (cb), (d) or (e); and

(b)the analysis result obtained pursuant to section 68 indicates —

(i)that there is no alcohol present in the blood of the person; or

(ii)that the person’s blood alcohol content is such that it does not reasonably explain the conduct, condition or appearance of the person by reason of which the requirement was made.

(12)If it appears to a police officer that a blood sample cannot be taken from a person under subsection (11) within 4 hours after the time at which driving, attempted driving, use or management of a vehicle in circumstances giving rise to the requirement under subsection (11) is believed to have taken place —

(a)the person must not be required to allow a prescribed sample taker to take a sample of the person’s blood under that subsection; and

(b)a prescribed sample taker must not be caused to take a sample of the blood of a person under that subsection.

Note:The heading to amended section 66 is to read:

Police powers to require breath or blood sample

16.Section 66B replaced

Delete section 66B and insert:

66B.Police powers to require blood sample for drug analysis

(1)A police officer may require a person to allow a prescribed sample taker nominated by the police officer to take a sample of the person’s blood for analysis, and require the person to accompany a police officer to a place and wait at that place for the purposes of taking the sample, if —

(a)the person underwent a driver assessment and it appears to a police officer that the assessment indicates that the person is drug impaired; or

(b)the person refuses or fails to undergo a driver assessment having been required to do so; or

(c)a police officer might require a person to undergo a driver assessment but is precluded from doing so by section 66A(6)(b).

(2)If a person is incapable of complying with a requirement under subsection (1), a police officer may cause a prescribed sample taker to take a sample of the person’s blood for analysis.

(3)If a person is apparently unconscious or seriously injured a police officer must facilitate the provision of medical assistance for the person.

(4)If it appears to a police officer that a blood sample cannot be taken from a person under subsection (1) within 4 hours after the time at which driving, attempted driving, use or management of a vehicle in circumstances giving rise to the requirement under subsection (1) is believed to have taken place —

(a)the person must not be required to allow a prescribed sample taker to take a sample of the person’s blood under that subsection; and

(b)a prescribed sample taker must not be caused to take a sample of the blood of a person under that subsection.

17.Section 67 amended

(1)Delete section 67(1) to (4) and insert:

(1)In this section —

requirement means a requirement made by a police officer to a person under section 66 to do one or more of the following —

(a)provide a sample of the person’s breath for analysis;

(b)allow a prescribed sample taker to take a sample of the person’s blood for analysis;

(c)accompany a police officer to a police station or some other place, and to wait at that place.

(2)A person, other than a person to whom section 68A(3) applies, commits an offence if the person fails to comply with a requirement.

Penalty for this subsection:

(a)for a first offence, if the person has been previously convicted of an offence against section 64 —

(i)a fine of not less than 48 PU and not more than 113 PU; and

(b)for a first offence, if the person has been previously convicted of an offence against section 64B(3), or offences against sections 64 and 64B(3) —

(i)a fine of not less than 72 PU and not more than 113 PU; and

(ii)the court convicting the person must, in any event, order that the person be disqualified from holding or obtaining a driver’s licence for a period not less than the minimum period of disqualification that would apply if the offence were against section 64B(3) instead of this section and the person’s blood alcohol content were above 0.14 g of alcohol per 100 ml of blood;

(c)for a first offence, in any other case —

(i)a fine of not less than 41 PU or more than 113 PU; and

(ii)the court convicting the person must, in any event, order that the person be disqualified from holding or obtaining a driver’s licence for a period of not less than 15 months;

(d)for a second offence —

(i)a fine of not less than 95 PU or more than 158 PU or imprisonment for 9 months; and

(ii)the court convicting the person must, in any event, order that the person be disqualified from holding or obtaining a driver’s licence for a period of not less than 42 months;

(e)for a subsequent offence —

(i)a fine of not less than 95 PU or more than 225 PU or imprisonment for 18 months; and

(ii)the court convicting the person must, in any event, order that the person be permanently disqualified from holding or obtaining a driver’s licence.

(2A)For the purposes of subsection (2), a previous conviction for an offence against subsection (3) or section 63 or 67AD(6) is taken to be a previous offence against subsection (2).

(3)A person, other than a person to whom section 68A(3) applies, commits a crime if —

(a)a police officer makes a requirement of the person; and

(b)when the police officer makes the requirement of the person, the police officer —

(i)advises the person concerned that the police officer believes that the motor vehicle of which the person was, or is believed to have been, the driver has been involved in an incident occasioning the death of, or grievous bodily harm or bodily harm to, another person; and

(ii)explains to the person the consequences under this subsection of failing to comply with the requirement;

and

(c)the person fails to comply with the requirement.

Penalty for this subsection:

(a)imprisonment for 14 years; and

(b)the court convicting the person must, in any event, order that the person be disqualified from holding or obtaining a driver’s licence for a period of not less than 2 years.

Summary conviction penalty for this subsection in a case in which the incident does not occasion the death of another person:

(a)imprisonment for 18 months or a fine of 160 PU; and

(b)the court convicting the person must, in any event, order that the person be disqualified from holding or obtaining a driver’s licence for a period of not less than 18 months.

(3A)A person who commits an offence against subsection (2) or (3) may be arrested without warrant.

(3B)A person charged with an offence against subsection (3) may, instead of being convicted of that offence, be convicted of an offence against subsection (2).

(2)In section 67(5):

(a)delete “shall be” and insert:

(b)delete “his” and insert:

the accused’s

(3)Delete section 67(6).

18.Section 67AA amended

(1)Delete section 67AA(1) to (3) and insert:

(1)A person commits an offence if the person fails to comply with a requirement —

(a)to undergo a driver assessment; or

(b)to allow a prescribed sample taker to take a sample of the person’s blood for analysis under section 66B(1); or

(c)to accompany a police officer to a place and to wait at that place under section 66B(1).

Penalty for this subsection:

(a)for a first offence —

(i)a fine of not less than 34 PU or more than 75 PU; and

(ii)the court convicting the person must, in any event, order that the person be disqualified from holding or obtaining a driver’s licence for a period of not less than 10 months;

(b)for a second offence —

(i)a fine of not less than 63 PU or more than 105 PU or imprisonment for 9 months; and

(ii)the court convicting the person must, in any event, order that the person be disqualified from holding or obtaining a driver’s licence for a period of not less than 30 months;

(c)for a subsequent offence —

(i)a fine of not less than 63 PU or more than 150 PU or imprisonment for 18 months; and

(ii)the court convicting the person must, in any event, order that the person be permanently disqualified from holding or obtaining a driver’s licence.

(2)A person who commits an offence against subsection (1) may be arrested without warrant.

(2)In section 67AA(4):

(a)delete “subsection (3),” and insert:

subsection (1),

(b)delete “section 63 or 64AB or section 67 as in force after the coming into operation of section 16 of the Road Traffic Amendment Act (No. 2) 1982 shall” and insert:

section 63, 64AB, 67 or 67AD(6) must

Note:The heading to amended section 67AA is to read:

Failure to comply with s. 66A or 66B requirement to do driver assessment, provide blood sample or accompany police officer

19.Section 67AB amended

(1)Delete section 67AB(1) to (3) and insert:

(1)A person, other than a person to whom section 68A(3) applies, commits an offence if the person fails to comply with a requirement made by a police officer —

(a)to provide a sample of oral fluid under section 66D; or

(b)to allow a sample of blood to be taken under section 66E; or

(c)to accompany a police officer to a place and to wait at that place under section 66D or 66E.

Penalty for this subsection:

(a)for a first offence, a fine of not more than 25 PU;

(b)for a second or subsequent offence —

(i)a fine of not less than 25 PU or more than 40 PU; and

(ii)the court convicting the person must, in any event, order that the person be disqualified from holding or obtaining a driver’s licence for a period of not less than 6 months.

(2)A person who commits an offence against subsection (1) may be arrested without warrant.

(2)In section 67AB(4):

(a)delete “subsection (3),” and insert:

subsection (1),

(b)delete “section 64AC or 67AA or section 67 as in force after the coming into operation of section 16 of the Road Traffic Amendment Act (No. 2) 1982 shall” and insert:

section 63, 64AB, 64AC, 64B, 64C, 67, 67AA, 67AC or 67AD must

Note:The heading to amended section 67AB is to read:

Failure to comply with s. 66D or 66E requirement to provide oral fluid, blood sample or accompany police officer

20.Sections 67AC to 67AE inserted

After section 67AB insert:

67AC.Failure to comply with drug test requirement for certain persons with any blood alcohol content

(1)In this section —

requirement means a requirement made by a police officer to a person to do one or more of the following —

(a)allow a sample of blood to be taken under section 66B or 66E;

(b)provide a sample of oral fluid under section 66D;

(c)accompany the police officer to a place and to wait at that place under section 66B, 66D or 66E.

(2)A person commits an offence if —

(a)the person has provided a sample of their breath for analysis under section 66(2) and it appears to a police officer based on the analysis of the samples that the person has any blood alcohol content; and

(b)either —

(i)section 64A(1) applies to the person; or

(ii)the person is driving or attempting to drive a vehicle to which section 64A(4) applies;

and

(c)the police officer makes a requirement of the person; and

(d)the person fails to comply with the requirement.

Penalty for this subsection:

(a)for a first offence —

(i)a fine of not less than 12 PU or more than 38 PU; and

(ii)the court convicting the person must, in any event, order that the person be disqualified from holding or obtaining a driver’s licence for a period of not less than 3 months;

(b)for a second or subsequent offence —

(i)a fine of not less than 38 PU or more than 60 PU; and

(ii)the court convicting the person must, in any event, order that the person be disqualified from holding or obtaining a driver’s licence for a period of not less than 9 months.

(3)For the purposes of subsection (2), a previous conviction for an offence against subsection (4) or section 63, 64, 64AA, 64AB, 64B, 67, 67AA, 67AB or 67AD is taken to be a previous offence against subsection (2).

(4)A person commits an offence if —

(a)the person has provided a sample of their breath for analysis under section 66(2) and it appears to a police officer that the person has a blood alcohol content of or above 0.02 g of alcohol per 100 ml of blood; and

(b)either —

(i)section 64A(1) applies to the person; or

(ii)the person is driving or attempting to drive a vehicle to which section 64A(4) applies;

and

(c)the police officer makes a requirement of the person; and

(d)the person fails to comply with the requirement.

Penalty for this subsection:

(a)for a first offence —

(i)a fine of not less than 12 PU or more than 38 PU; and

(ii)the court convicting the person must, in any event, order that the person be disqualified from holding or obtaining a driver’s licence for a period of not less than 6 months;

(b)for a second or subsequent offence —

(i)a fine of not less than 38 PU or more than 60 PU; and

(ii)the court convicting the person must, in any event, order that the person be disqualified from holding or obtaining a driver’s licence for a period of not less than 10 months.

(5)For the purposes of subsection (4), a previous conviction for an offence against section 63, 64, 64AA, 64AB, 64B, 67, 67AA, 67AB or 67AD is taken to be a previous offence against subsection (4).

67AD.Failure to comply with drug test requirement for persons with blood alcohol content of or above 0.05

(1)In this section —

requirement means a requirement made by a police officer to a person to do one or more of the following —

(a)allow a sample of blood to be taken under section 66B or 66E;

(b)provide a sample of oral fluid under section 66D;

(c)accompany the police officer to a place and to wait at that place under section 66B, 66D or 66E.

(2)A person commits an offence if —

(a)the person has provided a sample of their breath for analysis under section 66(2) and it appears to a police officer based on the analysis of the samples that the person has a blood alcohol content that is of or above 0.05 g of alcohol per 100 mL of blood; and

(b)the police officer makes a requirement of the person; and

(c)the person fails to comply with the requirement.

Penalty for this subsection:

(a)a fine of not less than the minimum fine or more than the maximum fine in the Table; and

Table

Blood alcohol content (g/100 ml)		First offence	Second offence	Subsequent offence
≥ 0.05 but < 0.07	Min: Max: Disq:	None 38 PU 3 months	38 PU 60 PU 9 months	38 PU 60 PU 12 months
≥ 0.07	Min: Max: Disq:	None 38 PU 3 months	38 PU 60 PU 12 months	38 PU 60 PU 15 months

Note:≥ signifies of or above

< signifies less than

Disq signifies the minimum period of disqualification

Max signifies the maximum fine

Min signifies the minimum fine

(3)For the purposes of subsection (2), a previous conviction for an offence against subsection (4) or (6) or section 63, 64AB, 64B, 67 or 67AA is taken to be a previous offence against subsection (2).

(4)A person commits an offence if —

(a)the person has provided a sample of their breath for analysis under section 66(2) and it appears to a police officer that the person has a blood alcohol content that is of or above 0.08 g of alcohol per 100 mL of blood; and

(b)the police officer makes a requirement of the person; and

(c)the person fails to comply with the requirement.

Penalty for this subsection:

(a)a fine of not less than the minimum fine or more than the maximum fine in the Table; and

Table

Blood alcohol content (g/100 ml)		First offence	Second offence	Subsequent offence
≥ 0.08 but < 0.09	Min: Max: Disq:	23 PU 68 PU 9 months	48 PU 68 PU 12 months	48 PU 68 PU 15 months
≥ 0.09 but < 0.11	Min: Max: Disq:	26 PU 68 PU 11 months	51 PU 68 PU 15 months	51 PU 68 PU 20 months
≥ 0.11 but < 0.13	Min: Max: Disq:	30 PU 68 PU 12 months	54 PU 90 PU 21 months	54 PU 90 PU 26 months
≥ 0.13	Min: Max: Disq:	35 PU 68 PU 14 months	72 PU 113 PU 27 months	72 PU 135 PU 42 months

Note:≥ signifies of or above

< signifies less than

Disq signifies the minimum period of disqualification

Max signifies the maximum fine

Min signifies the minimum fine

(5)For the purposes of subsection (4), a previous conviction for an offence against subsection (6) or section 63, 64AB, 64B(3), 67 or 67AA is taken to be a previous offence against subsection (4).

(6)A person commits an offence if —

(a)the person has provided a sample of their breath for analysis under section 66(2) and it appears to a police officer that the person has a blood alcohol content of or above 0.15 g of alcohol per 100 ml of blood; and

(b)the police officer makes a requirement of the person; and

(c)the person fails to comply with the requirement.

Penalty for this subsection:

(a)for a first offence, if the person has been previously convicted of an offence against section 64 —

(i)a fine of not less than 48 PU and not more than 113 PU; and

(b)for a first offence, if the person has been previously convicted of an offence against section 64B(3), or offences against sections 64 and 64B(3) —

(i)a fine of not less than 72 PU and not more than 113 PU; and

(c)for a first offence, in any other case —

(i)a fine of not less than 41 PU or more than 113 PU; and

(ii)the court convicting the person must, in any event, order that the person be disqualified from holding or obtaining a driver’s licence for a period of not less than 15 months;

(d)for a second offence —

(i)a fine of not less than 95 PU or more than 158 PU or imprisonment for 9 months; and

(ii)the court convicting the person must, in any event, order that the person be disqualified from holding or obtaining a driver’s licence for a period of not less than 42 months;

(e)for a subsequent offence —

(i)a fine of not less than 95 PU or more than 225 PU or imprisonment for 18 months; and

(ii)the court convicting the person must, in any event, order that the person be permanently disqualified from holding or obtaining a driver’s licence.

(7)For the purposes of subsection (6), a previous conviction for an offence against section 63, 64AB, 67 or 67AA is taken to be a previous offence against subsection (6).

67AE.Provisions for s. 67AC and 67AD

(1)A person who commits an offence against section 67AC or 67AD may be arrested without warrant.

(2)A person charged with an offence against section 67AC or 67AD may, instead of being convicted of that offence, be convicted of —

(a)an offence against section 67, 67AA or 67AB; or

(b)another offence against section 67AC or 67AD.

(3)It is a defence to a prosecution for an offence against section 67AC or 67AD if the accused satisfies the court that there was some substantial reason for the accused’s failure to comply other than a desire to avoid providing information that might be used as evidence.

(4)For the purposes of sections 67AC and 67AD, an offence is a second or subsequent offence against those sections irrespective of the blood alcohol content on the occasion of the commission of any previous offence against those sections.

21.Section 67A amended

(1)In section 67A(1) delete “67(2), 67AA(2) or 67AB(2),” and insert:

67(1), 67AA(1), 67AB(1), 67AC or 67AD,

(2)In section 67A(2):

(a)delete “his” and insert:

their

(b)delete “analysis or in the collection of a sample of a person’s urine for analysis.” and insert:

analysis.

(3)In section 67A(3):

(a)in paragraph (a) delete “6 PU or more than 16 PU; and, in any event, the court convicting that person shall order that he” and insert:

9 PU or more than 24 PU; and the court convicting that person must, in any event, order that the person

(b)in paragraph (b) delete “12 PU or more than 28 PU; and, in any event, the court convicting that person shall order that he” and insert:

18 PU or more than 42 PU; and the court convicting that person must, in any event, order that the person

(4)In section 67A(4) delete “him against section 63, 64, 64AB, 67, 67AA or 67AB shall” and insert:

the person against section 63, 64, 64AB, 64AC, 64B(3), 67, 67AA, 67AB or 67AD(4) or (6) must

(5)In section 67A(5) delete “shall be a defence to a prosecution for an offence against this section if the accused satisfies the court that there was some substantial reason for his” and insert:

is a defence to a prosecution for an offence against this section if the accused satisfies the court that there was some substantial reason for the accused’s

(6)In section 67A(6):

(a)delete “his breath for a preliminary test it shall be a defence to the prosecution if the accused satisfies the court that he complied, in accordance with section 66, with a requirement mentioned in section 67(2)(a) or 67(2)(b)” and insert:

their breath for a preliminary test it is a defence to the prosecution if the accused satisfies the court that they complied, in accordance with section 66, with a requirement mentioned in paragraph (a) or (b) of the definition of requirement in section 67(1)

(b)in paragraph (a) delete “his” and insert:

the accused’s

22.Section 68A amended

(1)In section 68A(4) delete “20 PU.” and insert:

50 PU.

(2)Delete section 68A(6).

23.Section 68 amended

(1)In section 68(1) delete “his breath for analysis the analysis shall” and insert:

the person’s breath for analysis the analysis must

(2)Delete section 68(1a) to (5).

(3)In section 68(6):

(a)delete “shall be operated by an authorised person and shall” and insert:

must be operated by an authorised person and must

(b)delete “self‑testing”.

(4)In section 68(7) delete “his” (each occurrence) and insert:

the person’s

(5)In section 68(8):

(a)delete “shall be the analysis” and insert:

is the analysis

(b)delete “shall be deemed” and insert:

is deemed

(6)In section 68(9) delete “shall” and insert:

must

(7)In section 68(11):

(a)delete “his” (each occurrence) and insert:

the person’s

(b)delete “shall” and insert:

must

(8)Delete section 68(12) and insert:

(12)For the purposes of subsection (11), an analysis of a sample of breath will be regarded as having failed only if the analysis is made by breath analysing equipment and the breath analysing equipment does not indicate a result in the prescribed manner.

Note:The heading to amended section 68 is to read:

Analysis of breath sample

24.Section 69 amended

(1)In section 69(1):

(a)delete “shall” (1st and 2nd occurrence) and insert:

must

(b)delete “shall be deemed” and insert:

is deemed

(2)In section 69(1a) delete “regulations —” and insert:

regulations or otherwise in a proper manner —

(3)In section 69(2):

(a)delete “shall be the analysis” and insert:

is the analysis

(b)delete “shall be deemed” and insert:

is deemed

Note:The heading to amended section 69 is to read:

Taking and analysis of blood sample

25.Section 69A deleted

Delete section 69A.

26.Section 69B amended

(1)In section 69B(1) delete “shall” (each occurrence) and insert:

must

(2)After section 69B(3) insert:

(4)Subject to subsection (5), if the approved device does not indicate a result in the prescribed manner at the conclusion of the analysis, a police officer may again require the person to provide a sample of oral fluid for drug testing under section 66D(1).

(5)If the person has provided 2 samples of oral fluid for analysis under section 66D(1) and the analysis of each sample has failed, the person must not be required to provide another sample of oral fluid for analysis under section 66D(1).

(6)For the purposes of subsection (5) an analysis of a sample of oral fluid will be regarded as having failed only if the analysis is made by an approved device and —

(a)the device is determined not to be in proper working order; or

(b)the device does not indicate a positive or negative result.

Note:The heading to amended section 69B is to read:

Taking of oral fluid sample

27.Section 70A amended

In section 70A(1) delete “blood, urine or oral fluid delivered to the Chemistry Centre (WA) on behalf of a person under section 69(2B), 69A(3)” and insert:

blood or oral fluid delivered to the Chemistry Centre (WA) on behalf of a person under section 69(2B)

Note:The heading to amended section 70A is to read:

Delivery of person’s blood or oral fluid sample to Chemistry Centre (WA)

28.Section 70B amended

In section 70B(1) delete “64AB or 64AC,” and insert:

64AB, 64AC, 64B or 64C,

Note:The heading to amended section 70B is to read:

Evidence of delivery of blood or oral fluid samples

29.Section 70 amended

(1)In section 70(1):

(a)delete “64A or 64AAA,” and insert:

64A, 64AAA, 64B or 64C,

(b)delete “he” and insert:

the person

(c)delete paragraph (c);

(d)in paragraph (ca) delete “self‑testing”.

(2)In section 70(2):

(a)delete paragraph (ba);

(b)in paragraph (bb)(ii) delete “him and that apparatus was self‑testing” and insert:

the authorised person and that apparatus was

(c)in paragraph (bb)(iii) delete “him in the prescribed manner and that the regulations relating to analysis by self‑testing” and insert:

the authorised person in the prescribed manner and that the regulations relating to analysis by

(d)in paragraph (bb)(vi) and (vii) delete “he” (each occurrence) and insert:

the authorised person

(e)in paragraph (c) delete “him” and insert:

the technologist

(3)Delete section 70(2a) and (3) and insert:

(3)In any proceeding for an offence against a provision mentioned in subsection (1), evidence by an authorised person of any of the following is prima facie evidence of that fact —

(a)the apparatus operated by the authorised person pursuant to section 68 was breath analysing equipment;

(b)breath analysing equipment was operated by the authorised person in the prescribed manner and the regulations relating to analysis by breath analysing equipment of the relevant type were complied with;

(c)breath analysing equipment indicated a result in the prescribed manner on the occasion of its operation.

(4)In section 70(3a):

(a)delete “section 62C or 64AC,” and insert:

section 62C, 64AC, 64B or 64C,

(b)delete “he” and insert:

the person

(c)delete paragraph (b);

(d)in paragraph (c) delete “or urine”.

(5)In section 70(3b):

(a)in paragraph (b) delete “him” and insert:

the technologist

(b)delete paragraphs (c) and (e);

(c)in paragraph (f)(i) delete “blood, urine” and insert:

blood

(6)In section 70(3c) delete “section 67(2)(a)” and insert:

section 67 in relation to a requirement to provide a sample of the person’s breath for analysis under section 66, 67AC, 67AD

(7)In section 70(3d) delete “section 67A(1)” and insert:

section 67AC, 67AD, 67A(1)

(8)In section 70(4) delete “shall” and insert:

is to

(9)In section 70(5) and (5a) delete “shall” (each occurrence) and insert:

must

(10)In section 70(5c) to (5e) delete “shall not be adduced, and if adduced shall not be admitted, in any proceedings other than proceedings for an offence against section 67AB, 67A or 68A.” and insert:

must not be adduced, and if adduced must not be admitted, in any proceedings other than proceedings for an offence against section 67AB, 67AC, 67AD, 67A, 68A or 71BA.

(11)In section 70(6):

(a)delete “his” and insert:

the person’s

(b)delete “shall” (each occurrence) and insert:

must

(c)after “67AA,” insert:

67AC, 67AD,

30.Section 71 amended

In section 71(2) delete “64A or 64AAA” and insert:

64A, 64AAA, 64B, 64C, 67AC or 67AD

Note:The heading to amended section 71 is to read:

Evidence of blood alcohol content for particular offences

31.Section 71A amended

(1)Delete section 71A(1) and insert:

(1)In this section —

sample means a sample of blood or oral fluid taken from or provided by a person (the subject) and given to a police officer under section 69 or 69B.

(2)In section 71A(2) delete the Penalty and insert:

Penalty for this subsection: imprisonment for 12 months.

32.Section 71B amended

(1)In section 71B(1) delete “64AAA or 64AB,” and insert:

64AAA, 64AB, 64AC, 64B or 64C,

(2)In section 71B(8) delete the Penalty and insert:

Penalty for this subsection: a fine of 12 PU.

Note:The heading to amended section 71B is to read:

Police powers for preventing use of vehicle by alleged offender

33.Section 71BA inserted

After section 71B insert:

71BA.Police officer may prohibit person from driving for 24 hours if prescribed illicit drug present in oral fluid

(1)A police officer may personally give a person a notice (a prohibition notice) prohibiting the person from driving a motor vehicle for 24 hours if, when the notice is given —

(a)the person has provided a sample of oral fluid that has been tested under section 66D(4)(b) and it appears to the authorised drug tester conducting the test that the test indicates that a prescribed illicit drug is present in the person’s oral fluid; or

(b)each of the following apply —

(i)the person has undergone a preliminary oral fluid test and it appears to a police officer that the test indicates that the person’s oral fluid contains a prescribed illicit drug;

(ii)the police officer is precluded from requiring the person to provide a sample of oral fluid by section 66D(3)(b);

(iii)the police officer requires the person to allow a prescribed sample taker to take the person’s blood for analysis under section 66E;

(c)each of the following apply —

(i)the person has undergone a preliminary oral fluid test and it appears to a police officer that the test indicates that the person’s oral fluid contains a prescribed illicit drug;

(ii)the person is not required to provide another sample of oral fluid for analysis under section 69B(5);

(d)the person refuses or fails to undergo a test having been required to do so under section 66C, 66D or 66E.

(2)The prohibition notice must —

(a)specify the grounds on which the notice is given, including when and where subsection (1) applies to the person; and

(b)contain a statement to the effect that because the person has been given the notice, the person must not drive a motor vehicle for a period commencing on receipt of the notice and ending 24 hours after receipt of the notice; and

(c)specify when the person receives the prohibition notice and when the 24‑hour period ends.

(3)A person who has been given a prohibition notice under this section must not contravene the notice.

Penalty for this subsection:

(a)for a first offence, a fine of 25 PU;

(b)for a second or subsequent offence, a fine of 40 PU.

34.Section 71C amended

(1)In section 71C(1):

(a)in paragraph (a) delete “committed an offence under section 63 or 64 (the alleged offence); or” and insert:

done either of the following (the alleged conduct) —

(i)committed an offence against section 63;

(ii)driven or attempted to drive a motor vehicle while having a blood alcohol content of or above 0.08 g of alcohol per 100 ml of blood;

(b)in paragraph (b) delete “section 67” and insert:

section 67 or 67AD(4) or (6)

(2)In section 71C(4):

(a)in paragraphs (c) and (d) delete “committed; and” and insert:

committed or alleged conduct occurred; and

(b)in paragraph (e) after “offence” insert:

or alleged conduct

(c)delete paragraph (f) and insert:

(f)identify the offence, or offences, that the alleged offender is suspected of committing.

(3)In section 71C(6):

(a)delete paragraph (a) and insert:

(a)if the alleged offender engaged in alleged conduct, more than 10 days after the later of —

(i)the day of the alleged conduct; or

(ii)if a sample of the alleged offender’s blood was taken under section 66 in connection with the alleged conduct, the day on which a police officer receives an analysis result of the sample;

(b)in paragraph (b) delete “section 67,” and insert:

section 67 or 67AD(4) or (6),

35.Section 71E amended

In section 71E(1):

(a)in paragraph (a) delete “the offence” and insert:

an offence

(b)in paragraph (b) delete “the offence to which the notice relates has not been laid within 10 days” and insert:

an offence to which the notice relates has not been laid within 1 month

(c)in paragraph (c) delete “the offence” and insert:

an offence

36.Section 71H amended

In section 71H(1) delete “the offence” and insert:

an offence

37.Section 72 amended

(1)In section 72(1):

(a)in paragraph (a) delete “blood, urine” and insert:

blood

(b)in paragraph (aa) delete “urine and”;

(c)in paragraph (ac) delete “blood, urine” and insert:

blood

(d)in paragraph (b) delete “equipment, other than self‑testing breath analysing equipment,” and insert:

equipment

(e)in paragraph (d) delete “his blood or collecting a sample of his urine and those payable in respect of the analysis of a sample of blood by an analyst, or a sample of blood, urine” and insert:

their blood and those payable in respect of the analysis of a sample of blood by an analyst, or a sample of blood

(2)Delete section 72(2a).

(3)In section 72(3A) delete “subsections (2) and (2a) —” and insert:

subsection (2) —

38.Section 72A deleted

Delete section 72A.

39.Part 5B inserted

At the end of Part VA insert:

Part 5B — Radar detectors

81G.Offence to drive motor vehicle with radar detector fitted to, within or on vehicle

(1)In this section —

radar detector means a device or other equipment that is capable of detecting the operation of —

(a)an average speed detection system as defined in the Road Traffic (Administration) Act 2008 section 117B(1); or

(b)speed measuring and recording equipment as defined in the Road Traffic (Administration) Act 2008 section 117(1); or

(c)speed measuring equipment as defined in the Road Traffic (Administration) Act 2008 section 117(1).

(2)A person must not drive a motor vehicle on a road if the vehicle —

(a)is fitted with a radar detector; or

(b)has a radar detector within or on the vehicle.

Penalty for this subsection:

(a)for a first offence, a fine of 64 PU;

(b)for a second or subsequent offence, a fine of 96 PU.

40.Section 106 amended

(1)In section 106(3):

(a)in paragraph (a) delete “section 63 or 67; or” and insert:

section 63, 67 or 67AD(6); or

(b)in paragraph (b) delete “section 64” and insert:

section 64, 64B(3), 67AD(4)

(2)In section 106(4)(b) and (5)(b) delete “section 63 or 67,” and insert:

section 63, 67 or 67AD(6),

41.Section 110A inserted

At the end of Part VIII insert:

110A.Transitional provision for the Road Traffic Amendment (Impaired Driving and Penalties) Act 2020

(1)In this section —

commencement day means the day the Road Traffic Amendment (Impaired Driving and Penalties) Act 2020 section 17 comes into operation.

(2)This section applies if —

(a)before the commencement day —

(i)a person (the first person), other than a person to whom section 68A(3) applies, has been involved in an incident occasioning the grievous bodily harm or bodily harm to another person (the second person); and

(ii)a requirement is made of the first person under section 67(3a) as in force before the commencement day; and

(iii)the person failed to comply with the requirement;

and

(b)on or after the commencement day, the second person dies.

(3)The first person may be charged, convicted or sentenced under section 67(3) as in force on or after the commencement day.

Part 3 — Amendments to other Acts

Division 1 — Criminal Investigation Act 2006 amended

42.Act amended

This Division amends the Criminal Investigation Act 2006.

43.Section 28 amended

In section 28(2) delete “section 66.” and insert:

section 66, 66B, 66D or 66E.

44.Section 135 amended

In section 135(2)(b) delete “section 66,” and insert:

section 66, 66B, 66D or 66E,

Division 2 — Cross-border Justice Act 2008 amended

45.Act amended

This Division amends the Cross-border Justice Act 2008.

46.Section 43 amended

In section 43(3)(c) delete “section 68(4)(a)” and insert:

section 68(8)

Division 3 — Road Traffic (Authorisation to Drive) Act 2008 amended

47.Act amended

This Division amends the Road Traffic (Authorisation to Drive) Act 2008.

48.Section 5A amended

In section 5A(1) in the definition of alcohol offence paragraph (c) delete “blood, breath or urine” and insert:

blood or breath

49.Section 19 amended

(1)In section 19 delete the definitions of:

prescribed offence

RTA s. 64

(2)In section 19 in the definition of driver’s licence held: a person paragraph (b) delete “suspended;” and insert:

suspended.

Note:The heading to amended section 19 is to read:

Term used: driver’s licence held: a person

50.Section 28 amended

In section 28(2):

(a)delete paragraphs (a) to (c) and insert:

(a)within 4 months after the applicant has been disqualified —

(i)on conviction of an offence that is a second or subsequent offence against the Road Traffic Act 1974 section 63; or

(ii)under the Road Traffic Act 1974 section 64AB(2)(b) or (c); or

(iii)on conviction of an offence that is a second or subsequent offence against the Road Traffic Act 1974 section 67, 67AA(1) or 67AD(6);

(b)if the applicant has previously been convicted of an offence under the Road Traffic Act 1974 section 64, 64B(3), 67AD(4) or 67A — within 3 months after the applicant has been disqualified —

(i)on conviction of an offence that is a first offence against the Road Traffic Act 1974 section 63; or

(ii)under the Road Traffic Act 1974 section 64AB(2)(a); or

(iii)on conviction of an offence that is a first offence against the Road Traffic Act 1974 section 67, 67AA(1) or 67AD(6);

(c)within 3 months after the applicant has been disqualified under the Road Traffic Act 1974 section 64(2)(b), 64B(3) or 67AD(4) after a third or subsequent conviction of that offence; or

(b)delete paragraphs (e) and (f) and insert:

(e)within 2 months after the applicant has been disqualified under the Road Traffic Act 1974 section 64(2)(b), 64B(3) or 67AD(4) after a second conviction of that offence; or

(f)if the applicant has previously been convicted of an offence under the Road Traffic Act 1974 section 67A or 67AD(4) — within 2 months after the applicant has been disqualified under the Road Traffic Act 1974 section 64(2)(b) or 64B(3); or

Division 4 — Young Offenders Act 1994 amended

51.Act amended

This Division amends the Young Offenders Act 1994.

52.Schedule 1 amended

In Schedule 1 item 3 relating to the Road Traffic Act 1974:

(a)after the row relating to s. 64A insert:

s. 64B	Driving with blood alcohol content of or above 0.05g/100ml with prescribed illicit drug in oral fluid or blood
s. 64C	Certain persons driving with any blood alcohol content with prescribed illicit drug in oral fluid or blood

(b)after the row relating to s. 67AB insert:

s. 67AC	Failure to comply with drug test requirement for certain persons with any blood alcohol content
s. 67AD	Failure to comply with drug test requirement for persons with blood alcohol content of or above 0.05g/100ml

This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit legislation.wa.gov.au.

By Authority: KEVIN J. McRAE, Government Printer