Road Traffic (Urine Sampling and Analysis) Regulations 1983 (WA)
Western Australia
Road Traffic Act 1974
These regulations were repealed by the
Western Australia
Road Traffic Act 1974
These regulations may be cited as the
These regulations shall come into operation on 1 March 1983.
In these regulations unless the contrary intention appears —
(a) a person registered as an analyst under the
Health (Miscellaneous Provisions) Act 1911 section 203; or(b) a person approved, or belonging to a class of persons approved, by the Minister to prepare sampling equipment.
These regulations apply whenever urine is collected for analysis for drugs for the purposes of the Act.
For section 65 of the Act in paragraph (b) of the definition of the term
(a) pathology collector;
(b) phlebotomist.
For section 70B(1) 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;
(f) the names and signatures of the persons who delivered the sample to the analyst.
A urine sample shall be collected by means of equipment (in these regulations called the
The urine sampling equipment shall comprise —
(a) 1 container for collecting urine;
(b) 2 specimen containers; and
(c) 1 pair of disposable gloves.
The urine sampling equipment shall be prepared by a technologist of a body approved by the Minister who shall —
(a) complete and sign a certificate in the form of Form 1; and
(b) seal the equipment in a serially numbered package by signing his name over the sealed portion or flap of the package.
(1) A urine sample shall be collected by a prescribed sample taker in the container for collecting urine provided in the urine sampling equipment and no other.
(2) The prescribed sample taker shall —
(a) examine the package containing the urine sampling equipment produced to him, and in the presence of the person producing it, ensure that —
(i) the package is sealed and intact; and
(ii) the indicated expiry date for the use of the equipment has not passed;
(b) not use any urine sampling equipment contained in a package that is not sealed and intact or in respect of which the indicated expiry date has passed;
(c) collect a sample of urine from the subject;
(d)pourasmuchoftheurineintothe2specimencontainersasisnecessarytoenableananalysisoftheurinetobemade; (e) ensure that the cap on each specimen container is securely tightened.
(1) Upon a urine sample being collected and dealt with in accordance with the provisions of regulation 8 —
(a) the prescribed sample taker shall complete and sign Part 1; and
(b) a police officer who was present when the sample was collected shall complete and sign Part 2,
of 2 copies of Form 2.
(2) Upon the completion of 2 copies of Form 2, each of the specimen containers containing a portion of the urine sample shall be sealed in a separate package by the prescribed sample taker and the police officer mentioned in this regulation.
(1) A certificate for the purposes of section 70(3b)(a) of the Act shall be in the form of Form 3.
(2) The
Road Traffic (Drug Driving) Regulations 2007 Schedule 1 Form 1 is prescribed for the purposes of section 70(3b)(f) of the Act as the form to be used by a drugs analyst for either or both of the following —(a) that an identified sample of urine provided by a named person was analysed for drugs;
(b) the analysis result obtained from the analysis.
(1) The fees for the attendance of a prescribed sample taker for the purpose of these regulations are —
(a) on any public holiday, or between 5.00 p.m. on a Friday and 9.00 a.m. on the following Monday, or during the period between 5.00 p.m. and 9.00 a.m. commencing on any day — $120; and
(b) at any other time — $100.
(2) Where a sample of urine is taken under these regulations and a sample of blood is collected under the
Road Traffic (Blood Sampling and Analysis) Regulations 1975 at the same attendance only one fee is payable in respect of the taking and collection of those samples.(3) Subject to subregulation (4) the fee for an analysis of a urine sample by an analyst at the Chemistry Centre (WA) is —
(a) where the analysis is for alcohol content — $200; and
(b) where the analysis is for drug content — $480.
(4) Only one fee is payable if a sample of urine is analysed for both alcohol and drug content and that fee is $480.
(5) The fees payable under this regulation must be paid by the Commissioner of Police.
(6) If a person is convicted of an offence under section 63, 64, 64AA or 64A of the Act and the Commissioner of Police has paid a fee under subregulation (1) or (3) for the purposes of section 66 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.
Form 1
Western Australia
(Regulation7) Serial No.
I, .............................................................................................................................
................................................. of ........................................................................., Technologist, do hereby certify that the urine sampling equipment contained in the package Serial No. ............................................... comprises the items set forth in regulation 6 of the
Dated this ................................... day of ................................................. 20.........
..............................................................
Signature
Note: This package should be opened by cutting along this fold.
Form 2
Western Australia
(Regulation 9)
PART 1.
By prescribed sample taker:
I, ............................................................................................................................. prescribed sample taker, hereby certify that —
1. At the hour of ............................................................................................ m. on the ....................................................... day of .................................................. 20................. I collected a sample of the urine of .................................................. of ................................................................................................., a portion of which sample is now contained in the enclosed specimen container numbered..............
2. The equipment used for the purpose of collecting that urine sample was contained in a package serially numbered ................................................. handed to me by ........................................................................................................ and that package was sealed and intact prior to being opened by me.
3. In collecting the urine sample I complied with regulation 8 of the
.....................................................
Signature and qualification.
PART 2.
By a police officer:
Name of subject: ....................................................................................................
Prescribed sample taker: ...............................................................
Time and date of collecting urine sample: .......... .m. on ......................................
Time of occurrence of driving or incident giving rise to requirement of urine sample: ....... .m. on the .................................. of ....................20 ...............
......................................................................................................................
Signature, rank and number.
Form 3
(Regulation 11(a))
..........................................................., chief executive officer of the Chemistry Centre (WA), hereby certify that ........................................................................ of .............................................................................* is a drugs analyst/* was as at ................................................................ a drugs analyst.
.............................................................
chief executive officer, Chemistry Centre (WA).
*Delete whichever does not apply.
This is a compilation of the
25 Feb 1983 p. 651‑3 | 1 Mar 1983 (see r. 2) | |
29 Jun 1984 p. 1795 | 1 Jul 1984 (see r. 2) | |
18 Dec 1987 p. 4458‑9 | 18 Dec 1987 | |
9 Aug 1991 p. 4232‑3 | 9 Aug 1991 (see r. 2 and | |
30 Jan 2001 p. 625‑7 | 30 Jan 2001 | |
28 Nov 2006 p. 4897‑8 | 4 Dec 2006 (see r. 2 and | |
11 Oct 2007 p. 5481‑2 | r. 1 and 2: 11 Oct 2007 (see r. 2(a)); Regulations other than r. 1 and 2: 12 Oct 2007 (see r. 2(b) and | |
14 Mar 2008 p. 832‑4 | 15 Mar 2008 (see r. 2(b) and | |
31 Dec 2009 p. 5317‑18 | r. 1 and 2: 31 Dec 2009 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jan 2010 (see r. 2(b)) | |
4 Nov 2014 p. 4206 | r. 1 and 2: 4 Nov 2014 (see r. 2(a)); Regulations other than r. 1 and 2: 5 Nov 2014 (see r. 2(b)) | |
23 Dec 2014 p. 4913‑38 | 27 Apr 2015 (see r. 2(b) and | |
10 Jan 2017 p. 225-7 | 24 Jan 2017 (see r. 2(b) and | |
7 Feb 2017 p. 1171‑7 | 10 Mar 2017 (see r. 2(b) and | |
Form................................................................................................................................... 3
subject................................................................................................................................ 3
technologist....................................................................................................................... 3
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