12. Replacement of section 32 and new section 32A

In the AMA, replace section 32 with —“Offending advertisements32.—

Subject to this Act, a person (called in this section the seller) who sells, or offers or exposes for sale, to any consumer any personal mobility device, PAB, mobility vehicle or mobility device battery must not —

publish an offending advertisement; or

authorise or cause an offending advertisement to be so published.

A person (other than the seller) must not take part in the publication of an offending advertisement mentioned in subsection (1), unless subsection (4) applies.

A person who contravenes subsection (1) or (2) shall be guilty of an offence.

Despite subsection (1), the seller may —

publish an advertisement for an unapproved and unsealed PAB, uncertified vehicle, unregistered registrable PMD or unregistered registrable mobility vehicle; or

authorise or cause an advertisement mentioned in paragraph (a) to be so published,if the advertisement concerned contains a statement mentioned in subsection (5).

The statement mentioned in subsection (4) is —

in the case of an advertisement for an unapproved and unsealed PAB — a statement that every unapproved and unsealed PAB mentioned in the advertisement that is sold to a consumer will be approved and sealed, or caused to be approved and sealed, by the seller before the PAB is delivered to the customer, in accordance with the rules made under the Road Traffic Act 1961 for the PAB to be kept or used on a road under that Act;

in the case of an advertisement for an uncertified vehicle — a statement that every uncertified vehicle mentioned in the advertisement that is sold to a consumer will be certified or caused to be certified by the seller and have in force a certificate issued under section 35C before the vehicle is delivered to the customer;

in the case of an advertisement for an unregistered registrable PMD — that every unregistered registrable personal mobility device mentioned in the advertisement that is sold to a consumer will be registered, or caused to be registered, in accordance with Part 3A by the seller before the registrable personal mobility device is delivered to the customer; and

in the case of an advertisement for an unregistered registrable mobility vehicle — that every unregistered mobility vehicle mentioned in the advertisement that is sold to a consumer will be registered, or caused to be registered, in accordance with Part 3B by the seller before the registrable mobility vehicle is delivered to the customer.

A person who is guilty of an offence under subsection (3) shall be liable on conviction —

where the person is an individual —

to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both; but(ii)where the individual is a repeat offender, 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 $20,000; but(ii)where the person is a repeat offender, to a fine not exceeding $40,000.

In any proceedings for an offence under subsection (3) for contravening subsection (2), it is a defence for the accused to prove that the accused —

is a person whose business is to publish or arrange for the publication of advertisements and that the person received the offending advertisement for publication in the ordinary course of business; and

did not know and had no reason to suspect that the publication of the offending advertisement would contravene subsection (1).

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

In this section, “offending advertisement” means any advertisement for —

a non‑compliant PMD, unregistered registrable PMD or uncertified vehicle that is a PMD;

a non‑compliant PAB or an unapproved and unsealed PAB;

a non‑compliant mobility vehicle, unregistered registrable mobility vehicle or uncertified vehicle that is a mobility vehicle; or

a non‑compatible mobility device battery.

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 any of the following:

an offence under subsection (3);

an offence under subsection (2) as in force immediately before the date of commencement of section 12 of the Land Transport and Related Matters (No. 2) Act 2026;

an offence under subsection (2) as in force immediately before 3 April 2020.False or misleading representations about personal mobility devices, etc.32A.—

A person who sells, or offers or exposes for sale, to any consumer any personal mobility device, PAB, bicycle or mobility vehicle (called in this section a public path vehicle), mobility device battery or any component intended for assembly with a public path vehicle must not, in connection with the sale, or offer or exposure for sale —

publish, or authorise or cause the publication of, a false or misleading representation; or

communicate a false or misleading representation to any consumer.

A person (other than the person mentioned in subsection (1)) must not take part in the publication of a false or misleading representation mentioned in subsection (1)(a).

A person who contravenes subsection (1) or (2) shall be guilty of an offence.

A person who is guilty of an offence under subsection (3) shall be liable on conviction —

where the person is an individual —

to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both; but(ii)where the individual is a repeat offender, 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 $20,000; but(ii)where the person is a repeat offender, to a fine not exceeding $40,000.

In any proceedings for an offence under subsection (3) for contravening subsection (2), where the false or misleading representation is contained in an advertisement, it is a defence for the accused to prove that the accused —

is a person whose business is to publish or arrange for the publication of advertisements and that the person received the advertisement for publication in the ordinary course of business; and

did not know and had no reason to suspect that the advertisement contained a false or misleading representation the publication of which would contravene subsection (1).

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

To avoid doubt, this section does not affect the operation of the Consumer Protection (Fair Trading) Act 2003.

In this section, “false or misleading representation” means —

in relation to the sale, or offer or exposure for sale, of a public path vehicle —

a false or misleading representation that the construction, weight or accessories of a public path vehicle complies with the requirements as to construction, weight and accessories prescribed under this Act for the public path vehicle;

a false or misleading representation that a public path vehicle is of a particular model or type of vehicle;

a false or misleading representation on the manner in which the public path vehicle may be lawfully used under this Act; or

a false or misleading representation regarding any prescribed matter that relates to the public path vehicle or the use of the public path vehicle;

in relation to the sale, or offer or exposure for sale, of a mobility device battery — a false or misleading representation on whether the mobility device battery is a compatible mobility device battery for a particular model or type of personal mobility device, PAB or mobility vehicle; and

in relation to the sale, or offer or exposure for sale, of a component intended for assembly with a public path vehicle — a false or misleading representation relating to the specifications of the component.

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).”.