11. New section 31A

In the AMA, after section 31, insert —“Specifications of mobility device batteries31A.—

Subject to this Act, a person who is, in the course of business, selling or offering or exposing for sale, to any consumer any mobility device battery on any premises or place, must display or cause to be displayed in the prescribed manner within the premises or place the prescribed number of specification notices for the mobility device battery.

Subject to this Act, a person who sells, or offers or exposes for sale, to any consumer any mobility device battery through an online marketplace, whether or not in the course of business, must ensure that before the consumer purchases any such battery, a specification notice for the mobility device battery is published in the prescribed manner to the consumer.

A person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction —

where the person is an individual —

to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both; but(ii)where the individual is a repeat offender, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both; or

in any other case —

to a fine not exceeding $10,000; but(ii)where the person is a repeat offender, to a fine not exceeding $20,000.

If —

a person mentioned in subsection (1) or (2) displays or publishes (as the case may be) a specification notice that contains any statement or information that —

is false or misleading; or

omits any matter or thing without which the statement or information (as the case may be), is misleading; and

the person knows, or ought reasonably to know, that the statement or information is as described in paragraph (a),the person shall be guilty of an offence.

A person who is guilty of an offence under subsection (4) shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.

In any proceedings for an offence under subsection (3) for contravening subsection (1) or (2), it is not a defence for the accused to prove that the accused has complied with a written direction given under section 54A(2)(a) in relation to the contravention.

In this section, “specification notice”, in relation to a mobility device battery, means a notice that —

sets out the prescribed information relating to the mobility device battery, including but not limited to —

the brand and model of every personal mobility device, PAB or mobility vehicle in relation to which the mobility device battery is a compatible mobility device battery;

the brand and model of the battery; and

the voltage and capacity of the battery; and

is in the prescribed form.

For the purpose of subsection (7), regulations may be made to prescribe different forms for specification notices mentioned in subsections (1) and (2), respectively.

In relation to an offence under subsection (3), “repeat offender” means a person 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 person is convicted or found guilty of the current offence, of an offence under subsection (3).”.