Road Traffic (Drug Driving) Amendment Regulations (No. 2) 2015 (WA)

5182 GOVERNMENT GAZETTE, WA 29 December 2015

TRANSPORT

TN301*

Road Traffic Act 1974

Road Traffic (Drug Driving) Amendment

Regulations (No. 2) 2015

Made by the Governor in Executive Council.

1.             Citation

These regulations are the Road Traffic (Drug Driving)
Amendment Regulations (No. 2) 2015.

2.             Commencement

These regulations come into operation as follows —

(a)	regulations 1 and 2 — on the day on which these regulations are published in the Gazette;
(b)	the rest of the regulations — on the day after that day.

3.             Regulations amended

These regulations amend the Road Traffic (Drug Driving)
Regulations 2007.

4.             Regulation 11 inserted

After regulation 10 insert:

11.           Fees for analysis

(1) The fee for an analysis of an oral fluid sample by a
drugs analyst at the Chemistry Centre (WA) is —

(a)	where the analysis is for only one prescribed illicit drug — $200; and
(b)	where the analysis is for more than one prescribed illicit drug — $315.

(2)

The fee payable under this regulation must be paid by the Commissioner of Police.

(3)

If a person is convicted of an offence under section 64AB or 64AC of the Act and the Commissioner of Police has paid a fee under subregulation (2) for the purposes of section 66D of the Act, the court convicting the person must order the person to repay the Commissioner of Police the amount of the fee and that amount may be recovered by the Commissioner of Police as if it were a penalty imposed under the Act.

N. HAGLEY, Clerk of the Executive Council.