Clause 5

Subject to this Act, the driver or rider of a vehicle must not hold in his or her hand a mobile communication device and operate any of its communication or other functions, when the vehicle is moving on a public path.(2) A driver or rider of a vehicle who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction —

to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 3 months or to both; but(b)where the driver or rider is a repeat offender, to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both.(3) To avoid doubt, subsection (1) does not apply —

to a vehicle or motor vehicle when it is driving itself; or

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.(4) In this section —“communication function” means —

sending or receiving audio phone calls, text messages, video calls, video messages, written messages or images;

sending or receiving electronic documents; or

providing access to the Internet;“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 communication function.”.