Active Mobility Act 2017
Table of Contents
Long Title
Part 1 PRELIMINARY
1 Short title
2 Interpretation
3 Purposes of Act
4 Act binds Government
Part 2 PUBLIC PATH SYSTEM
Division 1 — Declaring public paths
5 Interpretation of this Part
6 Declaring and classifying public paths
7 Discontinuing or diverting, etc., public path
8 Restriction on use of public path on public land
Division 2 — Access agreements
9 Access agreements
10 Access agreement may include indemnity
11 Variation of access agreement
Part 3 USE OF PUBLIC PATHS
Division 1 — Rights of users of public paths
12 Rights of passage
13 Rights of adjoining land owners or occupiers
14 Extinguishment of rights
Division 2 — Conduct of users of public paths
15 No riding of bicycles, etc., on pedestrian‑only paths
16 No riding of PABs, etc., on footpaths
17 No motor cars, etc., on shared paths
18 Vehicle banned for public path
19 Non‑compliant personal mobility devices, etc.
20 Excepted use of non‑compliant personal mobility devices, etc.
20A Riding without displaying registration marks, etc.
21 Speeding on public paths
22 Dangerous riding of bicycles, etc., on public paths
22A Use of mobile communication device when driving or riding on public path
23 Duty of driver of vehicle if accident occurs
23A Under-aged riding on shared path
23B Facilitating under-aged riding
23C Appropriate supervisor’s duties for under-aged riding
Division 2A — Competency test for riding, etc., on public paths
23D Unauthorised riding of test-needed-to-drive vehicles
23E Employing, etc., untested rider, etc., on public path
23F Grant by test authority of competency test certificate
23G Validity of competency test certificate
23H Unlawful use of competency test certificate
Division 3 — Code of conduct for users of public paths
24 Codes of conduct
25 Use of code of conduct in proceedings
Division 4 — Wayfinding and maintaining clear public paths
26 Signs for public paths
27 Maintaining wayfinding signs for public paths
28 Obstructing public paths, etc.
Part 3A REGISTRATION OF REGISTRABLE PERSONAL MOBILITY DEVICES
28A Purpose of this Part
28B Mandatory registration of registrable personal mobility devices
28C Registration marks
28D Cancellation of registration
28E Registrable PMD register
28F Registrable PMD register as evidence
28G General obligations of registered responsible persons
Part 4 DEALING IN PERSONAL MOBILITY DEVICES, ETC.
Division 1 — Dealing and advertisements
29 Interpretation of this Part
30 Ban on display of non‑compliant personal mobility devices, etc.
31 Warning notices
32 Advertisements of non‑compliant personal mobility device or mobility vehicle
33 Selling personal mobility devices, etc., for use on roads
34 Selling non‑compliant vehicles for use on public paths
35 Altering personal mobility device, etc., to be non‑compliant
Division 2 — Mandatory testing
35A Order by Minister requiring inspection
35B Inspections by designated examiner
35C Certification of inspection
Division 3 — Presumptions and evidence
36 Presumptions for this Part
36A Presumption concerning vehicle owner for section 35 offence
Part 5 ADMINISTRATION AND ENFORCEMENT
Division 1 — Enforcement personnel
37 Administration of Act
38 Authorised officers
39 Public path wardens
40 Volunteer public path wardens
41 Powers of public path wardens and volunteer public path wardens, etc.
42 Identification cards and equipment
43 Public servants
Division 2 — Enforcement powers
44 Powers to inspect premises, etc., for Part 3A or 4 matters
45 Power to move vehicles
46 Power to remove obstructing article, etc., on public path
47 Powers to examine and weigh vehicle or produce competency test certificate
48 Powers to demand information about driver
49 Powers of arrest
50 Power to seize vehicles or competency test certificates
51 Forfeiture of seized vehicles
52 Holding yards
53 Disposal of forfeited or detained vehicles
54 Ticketing
55 Composition of offences
Division 3 — Offences and general provisions
56 Obstructing authorised officers, etc.
57 Offence of providing false information, etc.
58 Impersonating public path warden, etc.
58A Employer to ensure employee, etc., riders are insured
58B Court may order undergoing course
58C Immaterial that more than one offence committed
59 Strict liability
59A Presumption of vehicle owner riding or driving
60 Offences by corporations
61 Offences by unincorporated associations or partnerships
Part 6 MISCELLANEOUS
62 Preservation of secrecy
63 Protection from personal liability
64 Service of summons, etc.
65 Jurisdiction of courts
66 General exemption
67 Regulations
67A Incorporation by reference
Legislative History
Abbreviations
Comparative Table