Clause 12

Any person who, being the driver of a motor vehicle on a road or in a public place, uses a mobile telephone while the motor vehicle is in motion shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 6 months or to both, and, in the case of a second or subsequent conviction, to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 12 months or to both.(2) In this section —“mobile telephone” includes any hand held equipment which is designed or capable of being used for telecommunication;“use”, in relation to a mobile telephone, means to hold it in one hand while using it to communicate with any person.”.