Clause 69

by inserting, immediately after the definition of “Authority” in section 2, the following definitions:“ “bicycle”, “power‑assisted bicycle” and “personal mobility device” have the same meanings as in the Active Mobility Act 2016;”;

by deleting the word “or” at the end of paragraph (a) of the definition of “private parking place” in section 2;

by deleting the comma at the end of paragraph (b) of the definition of “private parking place” in section 2 and substituting the word “; or”, and by inserting immediately thereafter the following paragraph:“(c)one or more bicycles, power‑assisted bicycles or personal mobility devices or a combination of such vehicles,”;

by deleting the full‑stop at the end of the definition of “trailer” in section 2 and substituting a semi‑colon, and by inserting immediately thereafter the following definition:“ “vehicle” means any vehicle whether mechanically propelled or otherwise, and includes a bicycle, a power‑assisted bicycle or a personal mobility device.”;

by deleting subsection (2) of section 4 and substituting the following subsection:“(2) The Authority must not permit any part of a road to be used as a parking place under subsection (1)(c) if —

the parking place is for the parking of personal mobility devices; or

the use of such part of the road as a parking place will unreasonably prevent access to any premises adjoining the road or to the use of the road by any person entitled to the use of the road, or will cause a nuisance to any person.”; and

by deleting the words “motor vehicle” wherever they appear in section 13(1), (2), (5) and (6) and substituting in each case the word “vehicle”.

Where, in the opinion of the Superintendent, any private parking place for the parking of bicycles, power‑assisted bicycles or personal mobility devices on any land or premises —

has not been kept or maintained in a state of good and serviceable repair or in a proper and clean condition; (b)has been discontinued without the permission of the Superintendent; or

has been altered (whether by repair or otherwise) so as to render the parking place to be non‑compliant with any rules made under section 8,the Superintendent may, by notice, require the owner or the occupier of the land or premises to carry out such repairs, work or alteration to the parking place, or to reinstate the parking place, as the case may be, as the Superintendent thinks fit to be carried out.(2) A notice under subsection (1) must specify —

the manner in which the repairs, work, alteration or reinstatement specified in the notice is to be carried out;

the time within which the repairs, work, alteration or reinstatement must be completed; and

that the repairs, work, alteration or reinstatement must be carried out with due diligence to the satisfaction of the Superintendent.(3) If a notice under subsection (1) is not complied with to his satisfaction, the Superintendent may —

carry out or cause to be carried out all or any of the repairs, work, alteration or reinstatement specified in that notice; and

recover all expenses reasonably incurred by him in the exercise of his powers under this section from the person in default.(4) Without prejudice to the right of the Superintendent to exercise the powers under subsection (3), if any person on whom a notice under subsection (1) is served fails, without reasonable excuse, to comply with the requirements of that notice, that person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 3 months or to both and, in the case of a continuing offence, to a further fine not exceeding $500 for every day or part of a day during which the offence continues after conviction.”.

The Superintendent, or an employee of the Authority authorised in writing by the Authority, may compound any offence under this Act that is prescribed under subsection (4) as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding the lower of the following:

one half of the amount of the maximum fine that is prescribed for the offence;

$2,000.(2) On payment of such sum of money, no further proceedings are to be taken against that person in respect of the offence.(3) All sums collected under this section are to be paid into the Consolidated Fund.(4) The Minister may make rules to prescribe the offences under this Act or any subsidiary legislation made thereunder as offences that may be compounded under this section.”.

photograph or film, or make audio recordings or make sketches of, any part of the premises, or any vehicle or parts of a vehicle or other thing at the premises;

require any person on those premises to produce or grant access to, without charge, any document or information reasonably required for any purpose in subsection (1), which are in the possession or under the control of that person;

inspect and make copies of or take extracts from any such document;

take possession of such a document if, in the opinion of the Superintendent or authorised officer —

the inspection or copying of or extraction from the document cannot reasonably be performed without taking possession;

the document may be interfered with or destroyed unless possession is taken; or

the document may be required as evidence in any proceedings instituted or commenced for any of the purposes of, or in connection with, this Act.(5) The power to require a person to furnish any document or information under subsection (4)(b) includes the power —

to require the person, or any person who is or was an officer or employee of that person, to provide an explanation of the document or information; (b)if the document or information is not furnished, to require the person to state, to the best of the person’s knowledge and belief, where it is; and

if the information is recorded otherwise than in legible form, to require the information to be made available to the Superintendent or authorised officer in legible form.”.