Road Traffic Act 1974

Where, pursuant to the provisions of section 66, 66B or 66E, a prescribed sample taker takes a sample of a person’s blood for analysis the sample must be taken in accordance with the regulations, or otherwise in a proper manner, and must be divided into 2 parts, each of which is deemed to be a sample of the person’s blood for the purposes of this Act.

If, instead of a sample of a person’s blood being taken and divided into 2 parts, 2 samples of the person’s blood are taken one immediately after the other, and in a manner prescribed in the regulations or otherwise in a proper manner —

the taking of those 2 samples is to be regarded as the taking of a single sample at the time at which the first of the 2 samples began to be taken; and

each of the 2 samples taken is to be regarded as a part into which the single sample has been divided.

The prescribed sample taker must ensure that both samples are delivered to a police officer.

One of the samples must be delivered, on behalf of the person from whom the samples were taken, to the Chemistry Centre (WA) by a police officer or a person appointed or engaged for that purpose.

Where a sample of blood is analysed for alcohol by an analyst in accordance with the regulations the blood alcohol content of the sample is the analysis result and is deemed to be the person’s blood alcohol content at the time the sample of blood was taken.