Western Australian Numbered Acts

CROSS-BORDER JUSTICE ACT 2008 (NO. 7 OF 2008) - SECT 43

43 .         Providing or taking sample in another participating jurisdiction

        (1)         This section applies if a police officer of the State acting under section 42(3) requires a person to provide or allow to be taken a sample under the State’s drink or drug-driving laws in another participating jurisdiction.

        (2)         If the person is required to provide the sample or allow the sample to be taken in accordance with the testing procedures under that other jurisdiction’s drink or drug-driving laws, the person is taken to be required to provide the sample or allow the sample to be taken in accordance with the testing procedures under the State’s drink or drug-driving laws.

        (3)         If the sample is tested in accordance with the testing procedures under that other jurisdiction’s drink or drug-driving laws, the following provisions apply —

            (a)         the sample is taken to have been tested in accordance with the testing procedures under the State’s drink or drug-driving laws;

            (b)         a certificate relating to the testing procedures under that other jurisdiction’s drink or drug-driving laws that would be prima facie evidence of a matter stated in the certificate in a proceeding for an offence under the law of that other jurisdiction is prima facie evidence of the matter in a proceeding referred to in the Road Traffic Act 1974 section 70(1) or (3a);

            (c)         if a sample of breath or blood is tested, the analysis result is taken to be the analysis result for the purposes of the Road Traffic Act 1974 section 68(4)(a) or 69(2) (as the case requires) and section 71 of that Act.

        (4)         This section does not prevent the sample from being required to be provided or allowed to be taken, or from being tested, in accordance with the testing procedures under the State’s drink or drug-driving laws.