Traffic Act Amendment Act (No. 2) 1970 (WA)
| No. 83.] | Traffic (No. 2). | [1970. |
TRAFFIC (No. 2).
No. 83 of 1970.
AN ACT to amend the Traffic Act, 1919-1970.
[Assented to 30th November, 1970.]
RE it enacted by the Queen's Most Excellent
Majesty, by and with the advice and consent
of the Legislative Council and the Legislative
Assembly of Western Australia, in this present
Parliament assembled, and by the authority of the
same, as follows:—
| Short title | 1. (1) This Act may be cited as the Traffic Act |
| and citation, |
Amendment Act (No. 2), 1970.
Reprinted as
| approved | (2) In this Act the Traffic Act, 1919-1970, is |
| for reprint |
| the 31st | referred to as the principal Act. |
| August, 1966, and further amended by Acts Nos. | (3) | The principal Act as amended by this Act |
| 57 and 87 |
| M 1966, 56 | may be cited as the Traffic Act, 1919-1970. |
| of 1967, 35 and 57 of 1968, 37 and 48 of 1969 and of 1970. |
| 1970.] | Traffic Act (No. 2). | [No. 83. |
2. Section 32C of the principal Act is amended—B'sgded.
(a) by adding after the word, "for" in line three of subsection (1), the passage, "an offence against section thirty-two AA of this Act or for";
|
the calculation, in accordance with
| (c) | the regulations, of- |
| (i) | the percentage of alcohol that was present; or |
(ii) the least and the greatest percentages of alcohol that could have been present,
in the blood of the person at a time prior to the taking of a sample of his breath; ;
| (c) | by deleting the word "and" appearing immediately after the passage, "analysis;" in line four of paragraph (f) of subsection (1); |
| (d) | by deleting paragraph (g) of subsection (1) and substituting the following para- graphs |
| (g) | the finding of a properly qualified analyst as to the percentage of alcohol that was present in the blood of the person at a time prior to the taking of the sample, based on the analysis of the analyst and such other relevant circumstances as are prescribed in relation to such a finding; and |
| (h) | the finding of a properly qualified analyst as to the least and greatest percentages of alcohol that could have been present in the blood of the person at a time prior to the taking of the sample, based on the |
| No. 83.] | Traffic (No. 2). | [1970. |
analysis of the analyst and such other relevant circumstances as are prescribed in relation to such a finding. ;
| (e) | by adding after paragraph (a) of subsec- tion (2) the following paragraph- |
(aa) purporting to be signed by a technologist of the Public Health Department certifying that specified sampling equipment comprises the prescribed items, that those items have been prepared by him and are sterile and fit for the purpose of taking a blood sample but should not be used later than the specified date; ;
| (f) | by adding after the word "taken" in line three of paragraph (b) of subsection (2), the words "in accordance with the regula- tions"; |
| (g) | by deleting paragraph (c) of subsection (2) and substituting the following para- graph |
(c) purporting to be signed by a properly qualified analyst, certifying that an analysis of an identified sample of blood disclosed the presence of a specified percentage of alcohol and setting out the analyst's finding, based on the result of that analysis, that at a time prior to the taking of the sample, the blood of the person from whom it was taken contained-
| (i) | a specified percentage of alcohol; or |
(ii) not less than a specified percentage of alcohol and not more than a specified percent- age of alcohol,
as the case may be, ; and
| 1970. | ] | Traffic (No. 2). | [No. 83. |
| (h) | by repealing and re-enacting subsection (4) as follows |
(4) Where evidence of the taking and analysis of a sample of a person's breath or blood and the calculation of an authorised person or the finding of a properly qualified analyst are accepted by the court in any proceeding such as is mentioned in subsection (1) of this section, and the calculation or finding is that
| (a) | the percentage of alcohol that was present in the person's blood at a specified time; or |
| (b) | the least percentage of alcohol that could have been present in the person's blood at a specified time, |
was 0.15 per centum or more, the finding or calculation is conclusive evidence that the person was, at that time, under the influence of alcohol to such an extent as to be incapable of having proper control of a vehicle, horse, other animal or drove of animals. .
3. Section 32D of the principal Act is amended— ?ailed
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| (b) | providing for the assessment by a properly qualified analyst of- |
(i) the percentage of alcohol in blood; or
(ii) the least and greatest per- centages of alcohol in blood,
at a time prior to the time of taking a sample thereof, and the rates of increase and decrease to be used by the analyst in computing the variation of the blood alcohol con-
| No. 83.] | Traffic (No. 2). | [1970. |
centration over a period or periods of
time; ;
| (b) | by deleting subparagraph (iii) of para- graph (c) of subsection (1) and substitut- ing the following subparagraph |
(iii) the method of calculating
| (A) | the percentage of alcohol that was present in the blood of a person; or |
(B) the least and greatest per- centages of alcohol that could have been present in the blood of a person,
at a time prior to the time of taking a sample of his breath, and the rates of increase and decrease to be used by the authorised person who took the sample in computing the variation of the blood alcohol concentration over a period or periods of time; ; and
by adding after the word "Force" in line
| (c) | three of subsection (4), the words "or an inspector". |
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