Clause 15

An individual commits an offence if the individual —

rides on a road a test‑needed‑to‑ride‑on‑road vehicle;

is not granted a competency test certificate for that class or description of test‑needed‑to‑ride‑on‑road vehicle certifying that the individual has passed the prescribed test of competence for that class or description of test‑needed‑to‑ride‑on‑road vehicle; and

is not excluded under subsection (2) or not exempted from this provision under section 142.(2) Subsection (1) does not apply to an individual riding a test‑needed‑to‑ride‑on‑road vehicle in circumstances prescribed in rules made under section 48.(3) An individual who is guilty of an offence under subsection (1) shall be liable on conviction —

to a fine not exceeding $2,000 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 $5,000 or to imprisonment for a term not exceeding 12 months or to both.Grant of competency test certificate for road‑only PAB47H.—

Subject to subsection (2), the test authority may, on the application under subsection (3) by an individual, grant the individual a competency test certificate in respect of riding any road‑only PAB certifying that the individual has passed the prescribed test of competence for the road‑only PAB.(2) The test authority may grant under subsection (1) an individual a competency test certificate certifying that the individual has passed the prescribed test of competence for riding a road‑only PAB if, and only if, the test authority is satisfied that the individual —

has attended and successfully completed, not earlier than a prescribed time before that application is made, a prescribed test of competence relating to the road‑only PAB; and

is not below the minimum riding age (if prescribed) for the purposes of section 62 relating to the road‑only PAB.(3) An application for a competency test certificate relating to a road‑only PAB must —

be in the form and manner the test authority requires;

be accompanied by an application fee, if prescribed;

state the description of the road‑only PAB that is the subject of the application; and

contain an undertaking to take, or a declaration that the applicant has attended and successfully completed (as the case may be) a prescribed test of competence to ride the road‑only PAB that is the subject of the application.(4) The test authority may refuse to consider an application under subsection (3) that is incomplete or not made in accordance with this section.(5) To avoid doubt, a competency test certificate may be granted in a digital form, consisting of evidence of the grant of the competency test certificate using information relating to the individual granted the competency test certificate that is displayed on a mobile communication device or other electronic device.Validity of competency test certificate for road‑only PAB47I.—

Subject to this section, every competency test certificate granted under section 47H(1) to an individual for a road‑only PAB remains in force —

for the period specified in the competency test certificate; or

for the natural life of the individual if no period in paragraph (a) is specified.(2) A test authority may cancel a competency test certificate granted under section 47H(1) to an individual for a road‑only PAB if —

the test authority is satisfied that the competency test certificate had been obtained by the individual by fraud or misrepresentation; or

the prescribed test of competence for the road‑only PAB has so materially changed after the grant of the competency test certificate as to affect the assessment of the individual’s continued competency to ride the road‑only PAB.(3) A competency test certificate granted under section 47H(1) to an individual may be cancelled by a test authority under subsection (2) by the test authority giving notice to the individual concerned of the cancellation.(4) A competency test certificate that is cancelled under subsection (2) is void from the date of cancellation specified in the notice under subsection (3).Unlawful use of competency test certificate for road‑only PAB47J.—

A person commits an offence if the person —

has in the person’s possession, without lawful authority or a reasonable excuse, an article so resembling a competency test certificate granted under section 47H(1) as to be calculated to deceive;

alters a competency test certificate which is granted under section 47H(1) in a way that is calculated to deceive;

dishonestly alters or uses a competency test certificate granted under section 47H(1); or

dishonestly lends, or allows another person to use, a competency test certificate granted under section 47H(1).(2) A person who is guilty of an offence under subsection (1) 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.Allowing untested rider, etc., on road47K.—

Subject to this Act, a person commits an offence if —

the person employs, or intentionally or negligently allows, an individual to ride on a road a test‑needed‑to‑ride‑on‑road vehicle of a class or description;

the individual in paragraph (a) is not granted a competency test certificate for that class or description of test‑needed‑to‑ride‑on‑road vehicle and is not excluded under section 47G(2); and

the person knows that, or is negligent as to whether, the individual is not granted a competency test certificate for that class or description of test‑needed‑to‑ride‑on‑road vehicle.(2) To avoid doubt, subsection (1) does not apply to a person who carries on at any premises a business of selling test‑needed‑to‑ride‑on‑road vehicles allowing, in the course of that business and for the purpose of selling the vehicle, a customer of the business concerned at the customer’s request to ride a test‑needed‑to‑ride‑on‑road vehicle within any part of those premises not comprising a road.(3) An individual who is guilty of an offence under subsection (1) shall be liable on conviction —

to a fine not exceeding $2,000 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 $5,000 or to imprisonment for a term not exceeding 12 months or to both.(4) For the purposes of subsection (3), an individual is a repeat offender in relation to an offence under subsection (1) if the individual who is convicted, or found guilty, of an offence under subsection (1) has been convicted or found guilty on at least one other earlier occasion of an offence under subsection (1).Production of competency test certificate47L.—

A police officer or a duly authorised person may, for the purpose of ensuring that any test‑needed‑to‑ride‑on‑road vehicle that is being or may be used on a road complies with this Act, at any time order the rider of the vehicle to produce the rider’s competency test certificate for examination or other identity documents so as to enable the police officer or duly authorised person (as the case may be) to ascertain —

the identity of the rider; and

the authority by which the competency test certificate was granted.(2) A rider of a vehicle to whom an order under subsection (1) is given who refuses or neglects to comply with the order commits an offence and shall be liable on conviction —

to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 3 months or to both; but(b)where the individual is a repeat offender, to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both.(3) However, subsection (2) does not apply if within 48 hours after an order is given to a rider of a vehicle under subsection (1), the rider produces the competency test certificate in person at any police station or other place that is specified by the police officer or duly authorised person (as the case may be) at the time the order was given.(4) An individual to whom a digital competency test certificate is granted who holds, or produces or carries a mobile communication device or other electronic device on which the digital competency test certificate is displayed for the purpose of complying with an order under subsection (1) to produce a competency test certificate, is taken to have produced a competency test certificate for that purpose.(5) However, a digital competency test certificate is not displayed for the purpose of complying with an order under subsection (1) to produce or carry a competency test certificate if —

the screen of the mobile communication device or other electronic device on which it is purportedly displayed is unable to be read by the person to whom it is displayed due to cracking, dimming, dirt or any other fault, damage or obstruction;

the individual fails or refuses to comply with a reasonable request by the person to whom it is purported to be displayed to facilitate the reading, copying or scanning of the whole or any part of the digital competency test certificate; or

the holder of the digital competency test certificate refuses to comply with a reasonable direction to refresh the display of the digital competency test certificate.(6) To avoid doubt, an individual who displays or purports to display a digital competency test certificate is not required to give or hand over, to the person who is requiring the competency test certificate to be produced or handed over, the mobile communication device or other electronic device on which the digital competency test certificate is displayed or purported to be displayed.(7) An individual is a repeat offender in relation to an offence under subsection (2) if the individual who is convicted, or found guilty, of an offence under subsection (2) has been convicted or found guilty on at least one other earlier occasion of an offence under subsection (2).(8) A reference to a duly authorised person in this section or section 47M or 47N is a reference to an individual appointed under this subsection by the Minister as an authorised person for the purposes of that section, is authorised by the Minister to exercise any powers under that section and is acting within that authorisation.Production of false, etc., competency test certificate47M. An individual riding a test‑needed‑to‑ride‑on‑road vehicle on a road who, in purported compliance with any order given to the individual under section 47L(1) by a police officer or duly authorised person —

produces to a police officer or duly authorised person —

a competency test certificate that is altered in a way that is calculated to deceive (whether or not it was already a false document before the alteration or it was altered by the individual), knowing that it is so altered;

an article resembling a competency test certificate and calculated to deceive, knowing that the article is not a competency test certificate; or

a competency test certificate that was not granted to the individual, knowing that it was not so granted to that individual; and

with the intention of dishonestly inducing the police officer or duly authorised person to accept it as genuine,commits an offence and 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.Power to seize competency test certificate47N.—

A police officer or duly authorised person may, with no other authority than this section, seize a competency test certificate or an article resembling a competency test certificate if —

the competency test certificate or article is produced to the police officer or duly authorised person (as the case may be) pursuant to an order under section 47L(1) or otherwise, by an individual who represents it as a competency test certificate granted to that individual; and

the police officer or duly authorised person (as the case may be) has reason to believe that —

the competency test certificate is unlawfully in the possession of that individual who produced it; or

the competency test certificate or article is evidence of the commission of an offence under section 47J(1) or 47M, or section 23H(1) or 47(4A) of the Active Mobility Act 2017.(2) Every competency test certificate seized under subsection (1) must be forwarded to the relevant authority who issued the competency test certificate, and the relevant authority may —

return the competency test certificate to the individual who produced it, if the relevant authority is satisfied that the competency test certificate was lawfully in the possession of the individual who produced it; or

in any other case, deal with it in such manner as the test authority thinks fit.(3) However, the authority conferred by subsection (1) to seize a competency test certificate or any article resembling a competency test certificate does not extend to a mobile communication device or other electronic device on which a digital competency test certificate is displayed.Division 3 — Miscellaneous”.