Road Traffic Act 1974

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 —

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

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

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

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

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

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

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

prescribing the procedure for conducting preliminary oral fluid tests; and

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

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

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.

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).

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

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

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

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

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

In subsection (2) —

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

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

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

The Commissioner of Police may, from time to time —

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

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

rescind or revoke a certificate or an authorisation.

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.

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.

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)).

In subsection (7) —