Clause 28

by inserting, immediately after subsection (7), the following subsection:“(7AA) Despite subsection (7), where the vehicle involved in an offence is a power‑assisted bicycle, then a person who is guilty of an offence under subsection (5) or (6) shall be liable on conviction —

where the person is an individual —

to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 24 months or to both; but(ii)where the individual is a repeat offender, to a fine not exceeding $40,000 or to imprisonment for a term not exceeding 48 months or to both; or

in any other case —

to a fine not exceeding $40,000; but(ii)where the person is a repeat offender, to a fine not exceeding $80,000.”; and

by deleting the full‑stop at the end of the definition of “non‑compliant vehicle or trailer” in subsection (10) and substituting a semi‑colon, and by inserting immediately thereafter the following definition:“ “repeat offender”, for an offence under subsection (5) or (6) involving a power‑assisted bicycle read with subsection (7AA), means a person who —

is convicted, or found guilty, of such an offence (called the current offence); and

has been convicted or found guilty (whether before, on or after the date of commencement of section 28(1) of the Active Mobility (Amendment) Act 2020) of an offence under subsection (5) or (6) (whether involving a power‑assisted bicycle) 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.”.

where the person is an individual — to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 24 months or to both; or

in any other case — to a fine not exceeding $40,000.”.

by deleting the words “motor vehicle who uses a mobile communication device while the motor vehicle” in subsection (1) and substituting the words “vehicle who holds in his hand a mobile communication device and operates any of its communicative or other functions, while the vehicle”;

by inserting, immediately after subsection (1), the following subsection:“(1A) To avoid doubt, subsection (1) does not apply to a mobile communication device that is a wearable device (such as a smart watch), when it is worn by the driver or rider in the manner intended by the manufacturer of the wearable device.”;

by inserting, immediately after the words “oral or written messages” in paragraph (a) of the definition of “communicative function” in subsection (3), the words “, audio phone calls or video calls”;

by deleting the definition of “mobile communication device” in subsection (3) and substituting the following definition:“ “mobile communication device” means —

a mobile phone; or

any wireless handheld device (such as a tablet computer) or wearable device (such as a smart watch) designed or capable of being used for a communicative function;”;

by deleting the word “or” at the end of paragraph (a) of the definition of “repeat offender” in subsection (3);

by deleting the comma at the end of paragraph (b) of the definition of “repeat offender” in subsection (3) and substituting the word “; or”, and by inserting immediately thereafter the following paragraph:“(c)an offence under section 65B as in force immediately before the date of commencement of section 28(3) of the Active Mobility (Amendment) Act 2020,”;

by deleting the semi‑colon at the end of the definition of “repeat offender” in subsection (3) and substituting a full‑stop; and

by deleting the definition of “use” in subsection (3).