Terms used
3 Terms used
In these regulations —
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 person means a person approved by the Commissioner under regulation 5;
approved sample collector means a person approved by the Commissioner under regulation 6;
authorised person has the meaning given in the Road Traffic Act 1974 section 65;
confirmed adverse test result for alcohol means analysis of a sample of breath carried out using breath analysing equipment showing the concentration of alcohol in a person’s blood to be 0.02 g of alcohol per 100 ml of blood or more;
confirmed adverse test result for drugs means analysis of a sample of oral fluid, urine, blood or hair carried out by a drugs analyst showing evidence of the presence, or of ingestion, of a drug;
critical incident means —
the death, or serious injury, of a person, when the death or injury is connected to, or arising from, the application of force by a member; or
the death, or serious injury, of a person when the death or injury is connected to, or arising from, the exercise of authority by a member; or
the death, or serious injury, of a person when the death or injury is connected to, or arising from, the driving of a police vehicle by a member; or
the death, or serious injury, of a person when the person is in the custody of a member; or
the discharge of a firearm by a member, whether or not injury is caused,
when that member is acting in his or her capacity as a member;
drug includes a substance declared to be a targeted drug;
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;
masking agent means a substance declared to fall within this definition under regulation 11;
medical practitioner means a person who is registered under the Health Practitioner Regulation National Law (Western Australia) in the medical profession;
member has the meaning given in the Police Act 1892 section 33K, so as to include commissioned officers, non‑commissioned officers, constables (including probationary police constables), Aboriginal police liaison officers and police auxiliary officers;
nurse means a person registered under the Health Practitioner Regulation National Law (Western Australia) in the nursing 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;
phlebotomist means the holder of a current certificate of competency in phlebotomy, issued by an Australian public hospital or teaching facility;
Police Gazette means the publication published pursuant to the Police Force Regulations 1979 regulation 307;
presumptive positive test result for alcohol means the result of a preliminary test of a sample of breath that shows that the concentration of alcohol in a person’s blood is likely to be 0.02 g of alcohol per 100 ml of blood or more;
presumptive positive test result for drugs means a preliminary analysis of a sample of oral fluid, urine, blood or hair that shows an indication of the presence, or of ingestion, of a drug;
selected member means a member who is required to undergo an alcohol or drug test, or both, under these regulations;
targeted drug includes —
a drug to which the Misuse of Drugs Act 1981 applies; and
a Schedule 2 poison as defined in the Medicines and Poisons Act 2014 section 3; and
a Schedule 3 poison as defined in the Medicines and Poisons Act 2014 section 3; and
a Schedule 4 poison as defined in the Medicines and Poisons Act 2014 section 3; and
a drug or substance declared to fall within this definition under regulation 10.
In these regulations, the following terms have the meanings given to them in the Road Traffic Act 1974 section 65 —
breath analysing equipment;
preliminary test.
[Regulation 3 amended: Gazette 16 Feb 2018 p. 472; 17 Aug 2018 p. 2898; 13 Nov 2018 p. 4436; SL 2021/99 r. 4.]
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