In forceAmended2020 Revised Edition

Contents

Active Mobility Act 2017 · 2020 Revised Edition · Part 4 · Dealing in Personal Mobility Devices, Etc.

32. Advertisements of non‑compliant personal mobility device or mobility vehicle, etc.

Amended

Last amended by an amending law of 2026. 3 amendments in all.

(1)

Subject to this Act, a person who is, in the course of business, selling, or offering or exposing for sale, by retail, any personal mobility device or mobility vehicle on any premises or place, must not —

(a)

publish a non-compliant PMD advertisement, a non‑compliant mobility vehicle advertisement, an uncertified vehicle advertisement or an unregistered registrable mobility vehicle advertisement at the premises or place; or

(b)

authorise or cause a non-compliant PMD advertisement, a non‑compliant mobility vehicle advertisement, an uncertified vehicle advertisement or an unregistered registrable mobility vehicle advertisement to be so published.

(2)

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

(a)

where the person is an individual —

(i)

to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both; but(ii)where the individual is a repeat offender, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 24 months or to both; or

(b)

in any other case —

(i)

to a fine not exceeding $20,000; but(ii)where the person is a repeat offender, to a fine not exceeding $40,000.

(3)

For the purposes of this section, a person publishes a non‑compliant PMD advertisement, a non-compliant mobility vehicle advertisement, an uncertified vehicle advertisement or an unregistered registrable mobility vehicle advertisement if the person does any of the following things:

(a)

includes the advertisement in a document (including a leaflet, ticket or brochure) and makes the document available, or distributes the document, to the public or a section of the public at the premises or place mentioned in subsection (1);

(b)

includes the advertisement in a film or video and displays, screens or plays the advertisement so that it can be seen or heard in the premises or at the place mentioned in subsection (1).

(4)

In relation to an offence under subsection (2), “repeat offender” 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, 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, of —

(i)

the same offence; or

(ii)

an offence under subsection (2) as in force immediately before 3 April 2020.

Terms defined in this Act

advertisement
Defined · s 29
“advertisement” means an advertisement that is —(a)any writing;(b)any still or moving picture, sign, symbol or other visual image;(c)any audible message; or(d)any combination of 2 or more of those things in paragraphs (a), (b) and (c);
Open s 29
mobility vehicle
Defined · s 2
“mobility vehicle” means —(a)a mobility scooter;(b)a motorised wheelchair; or(c)any other motor vehicle designed to carry an individual who is unable to walk or has difficulty in walking and prescribed for the purpose of this definition;
Open s 2
non-compliant mobility vehicle advertisement
Defined · s 29
“non-compliant mobility vehicle advertisement” means an advertisement that gives publicity to, or otherwise promotes or is intended to promote the purchase or use of a non‑compliant mobility vehicle or a range of non‑compliant mobility vehicles;
Open s 29
non-compliant PMD advertisement
Defined · s 29
“non-compliant PMD advertisement” means an advertisement that gives publicity to, or otherwise promotes or is intended to promote the purchase or use of a non‑compliant personal mobility device or a range of non‑compliant personal mobility devices;
Open s 29
personal mobility device
Defined · s 2
“personal mobility device” or “PMD” means a wheeled vehicle that —(a)is built to transport people only (with or without carry‑on baggage); and(b)is propelled by an electric motor attached to the vehicle or by human power or both,and includes a skateboard, but does not include a bicycle, power‑assisted bicycle, motor car, mobility vehicle, non-motorised wheelchair, pram, stroller or trolley, inline skates, roller‑skates or a wheeled toy, and such other vehicle as the Minister may, by order in the Gazette, exclude from this definition;
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
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
uncertified vehicle advertisement
Defined · s 2
“uncertified vehicle advertisement” means an advertisement that gives publicity to, or otherwise promotes or is intended to promote the purchase or use of, an uncertified vehicle or a range of uncertified vehicles;
Open s 2
unregistered registrable mobility vehicle advertisement
Defined · s 29
“unregistered registrable mobility vehicle advertisement” means an advertisement that gives publicity to, or otherwise promotes or is intended to promote the purchase or use of an unregistered registrable mobility vehicle or a range of unregistered registrable mobility vehicles.
Open s 29

Report

Read on from s 33

Part 5

Administration and Enforcement

Read on from Part 5

Part 6

Miscellaneous

Read on from Part 6