Road Traffic Regulations Amendment Regulations 2017 (WA)

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7 February 2017 GOVERNMENT GAZETTE, WA 1171
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1. Citation
These regulations are the Road Traffic Regulations Amendment

Regulations 2017.
T N301

Road Traffic Act 1974

Road Traffic Regulations Amendment
Regulations 2017

Made by the Governor in Executive Council.
Part 1 — Preliminary

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GOVERNMENT GAZETTE, WA

7 February 2017

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 on which the Road Traffic Legislation Amendment Act 2016 section 33 comes into operation.

Part 2 -Road Traffic (Blood Sampling and Analysis,)
Regulations 1975 amended

3. Regulations amended

These regulations amend the Road Traffic (Blood Sampling and
Analysis) Regulations 1975.
4. Regulations 3A and 313 inserted
After regulation 3 insert:

3A. Prescribed sample taker

For section 65 of the Act in paragraph (b) of the definition of the term prescribed sample taker, the following persons are prescribed for the purposes of each provision of the Act and these regulations in which the term is used -

(a) pathology collector;
(b) phlebotomist.

3B. Prescribed particulars of sample delivery to analyst

For section 7013(l) of the Act, the prescribed particulars of a sample delivered to an analyst are the

following -

(a)

the serial number or bat-code number of the sample;

(b)

the name of the person from whom the sample was taken;

(c)

the name and qualifications of the prescribed sample taker;

(d)

the name and signature of the police officer who required the sample to be taken;
(e) the date and time the sample was collected;

(f)

the names and signatures of the persons who delivered the sample to the analyst.

7 February 2017 GOVERNMENT GAZETTE, WA 1173
5. Regulation 15 amended

(1) In regulation 15(3):

(a)

in paragraph (a) delete content insert:

$100: and" and
content - $296: and
(b) in paragraph (b) delete "content $450." and insert:
content $780.

(2) In regulation 15(4) delete "$450." and insert:
$780.
6. Schedule amended

(1) In the Schedule Form B:

(a) delete "Medical Practitioner or Registered Nurse:" and insert:
prescribed sample taker:

(b) delete "duly qualified medical practitioner or registered nurse" and insert:
prescribed sample taker,

(c) delete ".............................portion" and insert:

, a portion

(2) In the Schedule Form D:

(a) delete "section 66(5)" and insert:
section 66(5), 66(8B)

(b) delete "the abovementioned regulations." and insert:
section 69 of the Road Traffic Act 1974.

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GOVERNMENT GAZETTE, WA

7 February 2017

(c) delete "medical practitioner or registered nurse or the words Medical Superintendent, Medical Officer in Charge, Medical Registrar or Registered Nurse, as the case may require." and insert:
prescribed sample taker.

7. Various references to "medical practitioner or registered nurse" amended
In the provisions listed in the Table delete "medical practitioner or registered nurse" and insert:
prescribed sample taker

Table

r. 7(1), 2A and (2) r.8(1)(a) and (2)
r. 12 r. 15(1)

Part 3 - Road Traffic (Drug Driving,) Regulations 2007
amended

8. Regulations amended

These regulations amend the Road Traffic (Drug Driving)
Regulations 2007.
9. Regulation 7 inserted
After regulation 6 insert:

7. Prescribed particulars of sample delivery to drugs
analyst
For the purposes of section 7013(l) of the Act, the prescribed particulars of a sample delivered to a drugs analyst are the following -

(a)

the serial number or barcode number of the sample;

(b)

the name of the person from whom the sample was taken;

(c)

the name and qualifications of the authorised drug tester;

(d)

the name and signature of the police officer who required the sample to be taken;
(e) the date and time the sample was collected;

7 February 2017 GOVERNMENT GAZETTE, WA 1175
(f) the names and signatures of the persons who
delivered the sample to the drugs analyst.

Part 4 - Road Traffic (Urine Sampling and Aizalrsis)
Regulations 1983 amended

10. Regulations amended

These regulations amend the Road Traffic (Urine Sampling and
Analysis) Regulations 1983.
11. Regulations 4A and 4B inserted
After regulation 4 insert:

4A. Prescribed sample taker

For section 65 of the Act in paragraph (b) of the definition of the term prescribed sample taker, the following persons are prescribed for the purposes of each provision of the Act and these regulations in which the term is used -

(a) pathology collector:
(b) phlebotomist.

4B. Prescribed particulars of sample delivery to analyst

For section 70B(l) of the Act, the prescribed particulars of a sample delivered to an analyst are the following -

(a)

the serial number or barcode number of the sample;
(b) the name of the person from whom the sample

was taken;

(c)

the name and qualifications of the prescribed sample taker;

(d)

the name and signature of the police officer who required the sample to be taken;
(e) the date and time the sample was collected;
(1) the names and signatures of the persons who
delivered the sample to the analyst.

12. Regulation 8 amended

(I) In regulation 8(1) delete "medical practitioner or registered
nurse" and insert:
prescribed sample taker

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GOVERNMENT GAZETTE, WA

7 February 2017

(2) In regulation 8(2) delete "medical practitioner or registered
nurse" and insert:
prescribed sample taker
13. Regulation 9 amended

(1) In regulation 9(1 )(a) delete "medical practitioner or registered
nurse" and insert:
prescribed sample taker

(2) In regulation 9(2) delete "medical practitioner or registered
nurse" and insert:
prescribed sample taker
14. Regulation 12 amended

(1) In regulation 12(1) delete "medical practitioner or registered
nurse" and insert:
prescribed sample taker

(2) In regulation 12(3):

(a)

in paragraph (a) delete "content insert:

S 100: and and
content - $200; and
(b) in paragraph (b) delete "content $450." and insert:

content $480.

(3) In regulation 12(4) delete "$450." and insert:
$480.
15. Schedule amended
In the Schedule Form 2:

(a) delete "Medical Practitioner or Registered Nurse:" and

insert:
prescribed sample taker:

7 February 2017 GOVERNMENT GAZETTE, WA 1177

(b) delete "duly qualified medical practitioner or registered nurse," and insert:
prescribed sample taker,

(c) delete" portion"
and insert:
, a portion

(d) delete "Medical practitioner or registered nurse:" and insert:
Prescribed sample taker:

N. HAGLEY, Clerk of the Executive Council.

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Road Traffic Regulations Amendment Regulations 2017 (WA)

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(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 on which the Road Traffic Legislation Amendment Act 2016 section 33 comes into operation.

These regulations amend the Road Traffic (Blood Sampling and Analysis) Regulations 1975.
4.	Regulations 3A and 313 inserted After regulation 3 insert:

3A.	Prescribed sample taker
For section 65 of the Act in paragraph (b) of the definition of the term *prescribed sample taker,* the following persons are prescribed for the purposes of each provision of the Act and these regulations in which the term is used -

(a)	the serial number or bat-code number of the sample;
(b)	the name of the person from whom the sample was taken;
(c)	the name and qualifications of the prescribed sample taker;
(d)	the name and signature of the police officer who required the sample to be taken;
(e)	the date and time the sample was collected;
(f)	the names and signatures of the persons who delivered the sample to the analyst.

(a)	in paragraph (a) delete content insert:	$100: and" and
content - $296: and
(b)	in paragraph (b) delete "content	$450." and insert:
content $780.

These regulations amend the Road Traffic (Drug Driving) Regulations 2007.
9.	Regulation 7 inserted After regulation 6 insert:

(a)	the serial number or barcode number of the sample;
(b)	the name of the person from whom the sample was taken;
(c)	the name and qualifications of the authorised drug tester;
(d)	the name and signature of the police officer who required the sample to be taken;
(e)	the date and time the sample was collected;

These regulations amend the Road Traffic (Urine Sampling and Analysis) Regulations 1983.
11.	Regulations 4A and 4B inserted After regulation 4 insert:

4A.	Prescribed sample taker
For section 65 of the Act in paragraph (b) of the definition of the term prescribed sample taker, the following persons are prescribed for the purposes of each provision of the Act and these regulations in which the term is used -

4B.	Prescribed particulars of sample delivery to analyst
For section 70B(l) of the Act, the prescribed particulars of a sample delivered to an analyst are the following -

(a)	the serial number or barcode number of the sample;
(b)	the name of the person from whom the sample
was taken;
(c)	the name and qualifications of the prescribed sample taker;
(d)	the name and signature of the police officer who required the sample to be taken;
(e)	the date and time the sample was collected;

(2)	In regulation 8(2) delete "medical practitioner or registered nurse" and insert:
prescribed sample taker

(2)	In regulation 9(2) delete "medical practitioner or registered nurse" and insert:
prescribed sample taker

(a)	in paragraph (a) delete "content insert:	S 100: and and
content - $200; and
(b)	in paragraph (b) delete "content	$450." and insert: