23E. Employing, etc., untested rider, etc., on public path

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Amended

Last amended by an amending law of 2026. 2 amendments in all.

(1)

Subject to this Act, a person commits an offence if —

(a)

the person employs, or intentionally or negligently allows, an individual to drive or ride a test‑needed‑to‑drive vehicle of a class or description on a public path;

(b)

the individual in paragraph (a) is not granted a competency test certificate for that class or description of test‑needed‑to‑drive vehicle and is not excluded under section 23D(2); and

(c)

the person knows that, or is negligent as to whether, the individual is not granted a competency test certificate for that class or description of test‑needed‑to‑drive vehicle.

(1A)

For the purpose of subsection (1)(a), a platform operator is deemed to employ an individual to drive or ride a test-needed-to-drive vehicle on a public path if —

(a)

the individual is a platform worker providing a platform service for the platform operator;

(b)

the platform service involves —

(i)

the collection of any goods or item from one or more places; and

(ii)

the delivery of the goods or item to one or more other places; and

(c)

the platform operator knows that the platform worker drives or rides a test-needed-to-drive vehicle on a public path to provide that platform service.

(2)

To avoid doubt, subsection (1) does not apply to a person who, in the course of carrying on a business of selling test-needed-to-drive vehicles at any premises and for the purpose of selling the vehicle, allows a customer of the business concerned at the customer’s request to drive or ride a test‑needed‑to‑drive vehicle within any part of those premises not comprising a public path.

(3)

A person who is guilty of an offence under subsection (1) shall be liable on conviction —

(a)

to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both; but(b)where the person is a repeat offender, to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.

Terms defined in s 2

competency test certificate
Defined · s 2
“competency test certificate”, for a class or description of test‑needed‑to‑drive vehicle, means a certificate granted under section 23F certifying that an individual has passed the prescribed test of competence for that class or description of test‑needed‑to‑drive vehicle;
Open s 2
platform operator
Defined · s 2
“platform operator” has the meaning given by section 4 of the Platform Workers Act 2024;
Open s 2
platform service
Defined · s 2
“platform service” has the meaning given by section 3 of the Platform Workers Act 2024;
Open s 2
platform worker
Defined · s 2
“platform worker” has the meaning given by section 5 of the Platform Workers Act 2024;
Open s 2
premises
Defined · s 2
“premises” means a building or structure (whether permanent or temporary) or part of a building or structure;
Open s 2
public path
Defined · s 2
“public path” means a path or path‑connected open space declared under section 6 as a public path;
Open s 2
repeat offender
Defined · s 2
“repeat offender”, in relation to any offence under this Act, means a person who —(a)is convicted, or found guilty, of such an offence (called the current offence); and(b)has been convicted or found guilty of the same offence on at least one other earlier occasion within the period of 5 years immediately before the date on which the person is convicted or found guilty of the current offence;
Open s 2
ride
Defined · s 2
“ride”, in relation to a bicycle, PAB, personal mobility device or mobility vehicle, means to travel in or on the bicycle, PAB, personal mobility device or mobility vehicle;
Open s 2
test-needed-to-drive vehicle
Defined · s 2
“test-needed-to-drive vehicle” means a class or description of bicycle, personal mobility device, PAB, mobility vehicle or mechanised sweeper that is prescribed in regulations for the purposes of Division 2A of Part 3;
Open s 2
vehicle
Defined · s 2
“vehicle” means any means of conveyance that runs on wheels, other than a train;
Open s 2