19. The principal Act is amended by inserting, immediately after section 35, the following Division:“Division 2 — Mandatory testing |
Order by Minister requiring inspection |
35A.—(1) The Minister may, by order in the Gazette, provide that with effect from a date specified in the order, an inspection is or periodic inspections are required for or in respect of every bicycle, personal mobility device, motorised wheelchair or mobility scooter in a class or description of bicycle, personal mobility device, motorised wheelchair or mobility scooter specified in the order, so as to maintain compliance with the prescribed requirements relating to the construction and condition of and registration marks applicable to the bicycle, personal mobility device, motorised wheelchair or mobility scooter, as the case may be.(2) An order under subsection (1) must specify —(a) | the class or description of bicycle, personal mobility device, motorised wheelchair or mobility scooter in respect of an inspection is required under this Division; and | (b) | whether that inspection is periodic and if so, the intervals that the inspection must be carried out. |
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Inspections by designated examiner |
35B.—(1) An inspection for the purposes of an order under section 35A(1) must be carried out by the Authority or a person authorised by the Authority (called in this Act a designated examiner).(2) A designated examiner must —(a) | conduct an examination or assessment of a vehicle that is the subject of an order under section 35A(1) in the prescribed manner; | (b) | on completion of the examination or assessment, prepare and sign a report of the result of the examination or assessment; and | (c) | give a copy of the report to the Authority without delay. |
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(3) A designated examiner commits an offence if he or she intentionally prepares or signs a report of the result of an examination or assessment —(a) | relating to a bicycle, personal mobility device, motorised wheelchair or mobility scooter that the designated examiner did not examine or assess; or | (b) | that is calculated to deceive. |
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(4) A designated examiner who is guilty of an offence under subsection (3) shall be liable on conviction —(a) | to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 3 months or to both; but | (b) | where the designated examiner is a repeat offender, to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both. |
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Certification of inspection |
35C.—(1) The Authority may issue to the owner of a bicycle, personal mobility device, motorised wheelchair or mobility scooter to which a report under section 35B(2)(b) relates, a certificate indicating that the bicycle, personal mobility device, motorised wheelchair or mobility scooter (as the case may be) has been inspected under this Division where —(a) | the Authority receives from a designated examiner a report mentioned in section 35B(2)(b) in relation to that bicycle, personal mobility device, motorised wheelchair or mobility scooter; | (b) | the report states that the bicycle, personal mobility device, motorised wheelchair or mobility scooter (as the case may be) is in compliance or continues to be in compliance with the prescribed requirements relating to its construction and condition and registration marks; and | (c) | the Authority is satisfied that the designated examiner had carried out the examination and assessment of the bicycle, personal mobility device, motorised wheelchair or mobility scooter (as the case may be) in accordance with the regulations. |
(2) A certificate issued under subsection (1) with respect to a bicycle, personal mobility device, motorised wheelchair or mobility scooter is in force in respect of that bicycle, personal mobility device, motorised wheelchair or mobility scooter until the happening of the earlier of the following:(a) | the certificate is cancelled under subsection (3); | (b) | the date of expiry specified in the certificate, if any. |
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(3) The Authority may cancel any certificate issued under subsection (1) with respect to a bicycle, personal mobility device, motorised wheelchair or mobility scooter if the Authority —(a) | is satisfied that —(i) | the bicycle, personal mobility device, motorised wheelchair or mobility scooter (as the case may be) has become wholly unfit for further use; | (ii) | the bicycle, personal mobility device, motorised wheelchair or mobility scooter (as the case may be) has been forfeited pursuant to this Act or any written law; | (iii) | the bicycle, personal mobility device, motorised wheelchair or mobility scooter (as the case may be) is unclaimed for the purposes of section 53 and is disposed of in accordance with that section; | (iv) | the bicycle, personal mobility device, motorised wheelchair or mobility scooter (as the case may be) is or has become a non‑compliant personal mobility device, a non‑compliant bicycle or a non‑compliant mobility vehicle; or | (v) | the person given an order under section 47(1)(b), in relation to the bicycle, personal mobility device, motorised wheelchair or mobility scooter (as the case may be) refuses or neglects to comply with the order given to the person, whether or not the person is convicted of an offence; or |
| (b) | becomes aware of a circumstance that would have required or permitted the Authority to refuse to issue a certificate under subsection (1) with respect to the bicycle, personal mobility device, motorised wheelchair or mobility scooter (as the case may be) had the Authority been aware of the circumstance immediately before issuing the certificate. |
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Division 3 — Presumptions and evidence”. |
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