Land Transport and Related Matters (No. 2) Bill · cl 14

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In the AMA, after section 33, insert —“Selling PABs or registrable personal mobility devices that are unsafe devices33A.—(1) A person who sells a PAB or registrable personal mobility device that is an unsafe device to a buyer shall be guilty of an offence.(2) A person who is guilty of an offence under subsection (1) shall be liable on conviction —(a)where the person is an individual —(i)to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 24 months or to both; but(ii)where the individual is a repeat offender, to a fine not exceeding $40,000 or to imprisonment for a term not exceeding 48 months or to both; or(b)in any other case —(i)to a fine not exceeding $40,000; but(ii)where the person is a repeat offender, to a fine not exceeding $80,000.(3) In any proceedings for an offence under subsection (1), it is not a defence for the accused to prove that —(a)where the accused sold the PAB or registrable personal mobility device concerned in the course of business at any premises or place — warning notices for the class of vehicles to which the PAB or registrable personal mobility device belongs were displayed in compliance with section 31(1) on the premises or place when the sale took place;(b)where the accused sold the PAB or registrable personal mobility device concerned, whether or not in the course of business, through an online marketplace — a warning notice for the class of vehicles to which the PAB or registrable personal mobility device belongs was published to the buyer in compliance with section 31(1A); or(c)the accused has complied with a written direction given under section 54A(4)(e) in relation to the contravention of subsection (1).(4) In this section, “sell” includes causing or authorising a person to sell.(5) In relation to an offence under subsection (1), “repeat offender” means a person who —(a)is convicted, or found guilty, of such an offence (called the current offence); and(b)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:(i)an offence under subsection (1);(ii)an offence under section 34(1) or (8);(iii)an offence under section 34(1), (2) or (8) as in force immediately before the date of commencement of section 15 of the Land Transport and Related Matters (No. 2) Act 2026;(iv)an offence under section 34(1), (1A) or (6) as in force immediately before 3 April 2020.”.

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cl 14New section 33A

In the AMA, after section 33, insert —“Selling PABs or registrable personal mobility devices that are unsafe devices33A.—

(1)

A person who sells a PAB or registrable personal mobility device that is an unsafe device to a buyer shall be guilty of an offence.

(2)

A person who is guilty of an offence under subsection (1) shall be liable on conviction —

(a)

where the person is an individual —

(i)

to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 24 months or to both; but(ii)where the individual is a repeat offender, to a fine not exceeding $40,000 or to imprisonment for a term not exceeding 48 months or to both; or

(b)

in any other case —

(i)

to a fine not exceeding $40,000; but(ii)where the person is a repeat offender, to a fine not exceeding $80,000.

(3)

In any proceedings for an offence under subsection (1), it is not a defence for the accused to prove that —

(a)

where the accused sold the PAB or registrable personal mobility device concerned in the course of business at any premises or place — warning notices for the class of vehicles to which the PAB or registrable personal mobility device belongs were displayed in compliance with section 31(1) on the premises or place when the sale took place;

(b)

where the accused sold the PAB or registrable personal mobility device concerned, whether or not in the course of business, through an online marketplace — a warning notice for the class of vehicles to which the PAB or registrable personal mobility device belongs was published to the buyer in compliance with section 31(1A); or

(c)

the accused has complied with a written direction given under section 54A(4)(e) in relation to the contravention of subsection (1).

(4)

In this section, “sell” includes causing or authorising a person to sell.

(5)

In relation to an offence under subsection (1), “repeat offender” means a person who —

(a)

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

(b)

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:

(i)

an offence under subsection (1);

(ii)

an offence under section 34(1) or (8);

(iii)

an offence under section 34(1), (2) or (8) as in force immediately before the date of commencement of section 15 of the Land Transport and Related Matters (No. 2) Act 2026;

(iv)

an offence under section 34(1), (1A) or (6) as in force immediately before 3 April 2020.”.