Road Traffic Amendment (Blood Alcohol Content) Act 2019 (WA)

Western Australia

Road Traffic Amendment (Blood Alcohol Content) Act 2019

Western Australia

Road Traffic Amendment (Blood Alcohol Content) Act 2019 Contents

Western Australia

Road Traffic Amendment (Blood Alcohol Content) Act 2019

Road Traffic Amendment (Blood Alcohol Content) Act 2019

No. 20 of 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:

Part 1 – Preliminary1.Short title

This is the Road Traffic Amendment (Blood Alcohol Content) Act 2019.

2.Commencement

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 amended3.Act amended

This Part amends the Road Traffic Act 1974.

4.Section 71 replaced

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.

     
  5.Section 110 inserted

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 amended6.Act amended

This Division amends the Road Traffic Amendment (Alcohol Interlocks and Other Matters) Act 2015.

7.Section 9 deleted

Delete section 9.

Division 2 – Road Traffic Legislation Amendment Act 2016 amended8.Act amended

This Division amends the Road Traffic Legislation Amendment Act 2016.

9.Section 64 deleted

Delete section 64.