Clause 9

Subject to this Act, an individual must not, without reasonable excuse, use a non‑compliant non‑motorised wheelchair on a public path knowing that, or reckless as to whether, it is non‑compliant.(2) An individual who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction —

to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both; but(b)where the individual is a repeat offender, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both.(3) Despite subsection (1), where any requirement is prescribed in regulations as to construction, weight or accessories for any non‑motorised wheelchair, an individual may use a non‑motorised wheelchair which does not comply with any of those requirements, only —

during the prescribed grace period mentioned in subsection (4), if any; and

if the individual proves, on a balance of probabilities, that the individual acquired or purchased the non‑motorised wheelchair before the date mentioned in subsection (4)(a).(4) A grace period, for any requirement prescribed in regulations as to the construction, weight or accessories for any non‑motorised wheelchair, means a period —

starting on the date the requirement in those regulations comes into force; and

prescribed in those regulations for the purpose of subsection (3).(5) In relation to an offence under subsection (2), “repeat offender” means an individual who —

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

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 individual is convicted or found guilty of the current offence, of —

the same offence; or

an offence under section 19, whether before, on or after the date of commencement of section 9 of the Land Transport and Related Matters Act 2026.”.