18. New section 35AA

In the AMA, after section 35, insert —“Advertisements of services to alter personal mobility device, etc.35AA.—

Subject to this Act, a person who provides any service to any consumer to alter (whether in the course of repair or otherwise) a personal mobility device, PAB, bicycle or mobility vehicle must not —

publish a non‑compliant alteration services advertisement; or

authorise or cause a non‑compliant alteration services advertisement to be so published.

A person (other than the person mentioned in subsection (1)) must not take part in the publication of a non‑compliant alteration services advertisement mentioned in that subsection.

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), it is a defence for the person charged to prove that the person —

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

did not know and had no reason to suspect that the publication of the non‑compliant alteration services 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 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).”.