{"id":"BILL-QLD-4284","name":"Transport and Other Legislation (Managing E-mobility Use and Protecting Our Communities) Amendment Bill 2026","slug":"transport-and-other-legislation-managing-e-mobility-use-and-protecting-our-communities-amendment-bill-2026","collection":"bill","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":null,"makingDate":"2026-01-01","administeringDepartment":null,"currentVersion":{"id":446079,"registerId":"BILL-QLD-4284:current","compilationNumber":null,"startDate":"2026-01-01","status":"in_force","reasons":null,"registeredAt":"2026-05-06T12:45:11.662Z"},"sections":[{"sectionNumber":"retrieval-0001","sectionType":"document_chunk","heading":"Document excerpt 1","content":"# Transport and Other Legislation (Managing E-mobility Use and Protecting Our Communities) Amendment Bill 2026\n\nQueensland\nTransport and Other\nLegislation (Managing E-\nmobility Use and Protecting\nOur Communities)\nAmendment Bill 2026\n\nQueensland\nTransport and Other Legislation\n(Managing E-mobility Use and Protecting\nOur Communities) Amendment Bill 2026\nContents\nPage\nPart 1 Preliminary\n1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8\n2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8\nPart 2 Amendment of Police Powers and Responsibilities Act 2000\n3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8\n4 Amendment of s 30 (Prescribed circumstances for searching persons\nwithout warrant) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8\n5 Amendment of s 32 (Prescribed circumstances for searching vehicle\nwithout warrant) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9\n6 Insertion of new s 43AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9\n43AA Unlawful sale of controlled vehicle to child under 16 . 9\n7 Amendment of s 52 (Prevention of offences—general) . . . . . . . 10\n8 Insertion of new ch 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10\nChapter 4A Removal and destruction powers for prohibited bikes\non roads or in public places\nPart 1 Preliminary\n123A Definitions for ch 4A . . . . . . . . . . . . . . . . . . . . . . . . . 11\n123B Relationship to National Credit Code . . . . . . . . . . . . 12\nPart 2 Seizing prohibited bikes\n123C Seizure of prohibited bike on road, on road-related area or in\npublic place . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13\n123D Particular powers for seizing prohibited bike—attended\nseizure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13\n123E Particular powers for seizing prohibited bike—unattended\nseizure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14\n123F Steps after seizing prohibited bike . . . . . . . . . . . . . . 14\n\nContents\nTransport and Other Legislation (Managing E-mobility Use and Protecting Our\nCommunities) Amendment Bill 2026\nPage 2\nAuthorised by the Parliamentary Counsel\nPart 3 Application for release of vehicle\n123G Release application . . . . . . . . . . . . . . . . . . . . . . . . . . 16\n123H Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . 16\nPart 4 Review of decisions\nDivision 1 Preliminary\n123I Definitions for part . . . . . . . . . . . . . . . . . . . . . . . . . . . 18\nDivision 2 Internal review\n123J Review process must start with internal review . . . . . 19\n123K Who may apply for internal review . . . . . . . . . . . . . . 19\n123L Requirements for application . . . . . . . . . . . . . . . . . . . 19\n123M Internal review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20\nDivision 3 External review\n123N Applying for external review . . . . . . . . . . . . . . . . . . . 21\n123O Notice of external review application . . . . . . . . . . . . . 21\nPart 5 Forfeiture and disposal of prohibited bikes\n123P Forfeiture of prohibited bikes . . . . . . . . . . . . . . . . . . . 21\n123Q Disposal of forfeited vehicles . . . . . . . . . . . . . . . . . . . 24\n123R Application of proceeds of sale . . . . . . . . . . . . . . . . . 24\n123S Liability for costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25\nPart 6 General\n123T Limitation of review . . . . . . . . . . . . . . . . . . . . . . . . . . 26\n123U Evidentiary provision . . . . . . . . . . . . . . . . . . . . . . . . . 26\n123V Protection from liability . . . . . . . . . . . . . . . . . . . . . . . 28\n123W Protection for persons exercising power under ch 4A 28\n9 Amendment of s 686 (Application of pt 3) . . . . . . . . . . . . . . . . . . 29\n10 Amendment of s 747 (Definitions for chapter) . . . . . . . . . . . . . . . 29\n11 Amendment of s 754 (Evasion offence) . . . . . . . . . . . . . . . . . . . 29\n12 Amendment of s 755 (When type 1 vehicle related offence notice may be\ngiven to owner of motor vehicle involved in offence) . . . . . . . . . . 30\n13 Amendment of sch 6 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . 31\nPart 3 Amendment of State Penalties Enforcement Act 1999\n14 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32\n15 Amendment of s 5 (Act has limited application to children) . . . . . 32\n16 Insertion of new pt 10, div 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . 33\nDivision 11 Transitional provision for Transport and Other\nLegislation (Managing E-mobility Use and Protecting\nOur Communities) Amendment Act 2026\n\nContents\nTransport and Other Legislation (Managing E-mobility Use and Protecting Our\nCommunities) Amendment Bill 2026\nPage 3\nAuthorised by the Parliamentary Counsel\n199 Application of new s 5 . . . . . . . . . . . . . . . . . . . . . . . . 34\nPart 4 Amendment of State Penalties Enforcement Regulation 2014\n17 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34\n18 Amendment of sch 1 (Infringement notice offences and fines for\nnominated laws) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34\nPart 5 Amendment of Summary Offences Act 2005\n19 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38\n20 Insertion of new s 19AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38\n19AA Definitions for division . . . . . . . . . . . . . . . . . . . . . . . 38\n21 Amendment of s 19B (Meaning of racing, burn out or other hooning\noffence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39\n22 Amendment of s 19C (Unlawful conduct associated with commission of\nracing, burn out or other hooning offence) . . . . . . . . . . . . . . . . . 40\n23 Amendment of s 19D (Possession of things used in commission of\nracing, burn out or other hooning offence) . . . . . . . . . . . . . . . . . 40\n24 Amendment of s 19I (Sale by employees of controlled items to minors)\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41\n25 Insertion of new pt 2, div 4C . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41\nDivision 4C Offences about selling particular vehicles to children\nunder 16\n19O Definitions for division . . . . . . . . . . . . . . . . . . . . . . . . 41\n19P Meaning of sell for division . . . . . . . . . . . . . . . . . . . . 42\n19Q Sale of controlled vehicle to child under 16 . . . . . . . . 42\n19R Commercial sellers must instruct employees about sale of\ncontrolled vehicle to child under 16 . . . . . . . . . . . . . . 43\n19S Sale by employees of controlled vehicle to child under 16 44\n19T Application of Anti-Discrimination Act 1991, s 46 . . . 45\n19U Commercial sellers must display prohibition signs . . 45\n26 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . 46\nPart 6 Amendment of Transport Operations (Road Use Management) Act\n1995\n27 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48\n28 Insertion of ch 1, pt 1, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48\nPart 1 Preliminary\n29 Renumbering and relocation of s 6 (Act binds everyone, including\ngovernment entities) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48\n30 Insertion of ch 1, pt 2, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48\nPart 2 Interpretation\n\nContents\nTransport and Other Legislation (Managing E-mobility Use and Protecting Our\nCommunities) Amendment Bill 2026\nPage 4\nAuthorised by the Parliamentary Counsel\n31 Insertion of new s 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49\n6 What is a prohibited bike . . . . . . . . . . . . . . . . . . . . . . 49\n32 Insertion of new s 34A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50\n34A Power to require testing of particular vehicles . . . . . . 50\n33 Insertion of new s 48AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51\n48AA Power to require information from shared e-mobility providers\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51\n34 Insertion of new ss 78B–78D . . . . . . . . . . . . . . . . . . . . . . . . . . . 54\n78B Riding electrically power-assisted cycle or personal mobility\ndevice without valid licence prohibited . . . . . . . . . . . 54\n78C Requirement for e-mobility providers to ensure user is over\n16 years and holds valid licence . . . . . . . . . . . . . . . . 54\n78D Liability of parent—particular offences committed by child\nunder 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55\n35 Amendment of s 79 (Vehicle offences involving liquor or other drugs)\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58\n36 Amendment of s 80 (Breath and saliva tests, and analysis and laboratory\ntests) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59\n37 Amendment of s 84AA (Driving particular vehicles without due care and\nattention on road-related areas) . . . . . . . . . . . . . . . . . . . . . . . . . 67\n38 Insertion of new ss 84B and 84C . . . . . . . . . . . . . . . . . . . . . . . . 67\n84B Riding prohibited bikes in public . . . . . . . . . . . . . . . . 67\n84C False or misleading labelling related to electrically power-\nassisted cycles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68\n39 Amendment of ch 5, pt 7, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . 69\n40 Insertion of new ch 5, pt 7, div 3 . . . . . . . . . . . . . . . . . . . . . . . . . 69\nDivision 3 Approved testing devices\n121A Approved testing devices for particular vehicles . . . . 69\n41 Insertion of new s 123KA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70\n123KA Certificate is evidence of another matter—approved testing\ndevice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70\n42 Amendment of s 123R (Challenges to devices) . . . . . . . . . . . . . 71\n43 Amendment of s 123SA (Evidence of particular matters relating to\nvehicles) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72\n44 Amendment of s 124 (Facilitation of proof) . . . . . . . . . . . . . . . . . 72\n45 Insertion of new part 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74\nPart 27 Transitional provisions for Transport and Other\nLegislation (Managing E-mobility Use and Protecting\nOur Communities) Amendment Act 2026\n\nContents\nTransport and Other Legislation (Managing E-mobility Use and Protecting Our\nCommunities) Amendment Bill 2026\nPage 5\nAuthorised by the Parliamentary Counsel\n245 Transition period for formerly compliant power-assisted\nbicycles and personal mobility devices . . . . . . . . . . . 74\n246 Evidentiary provisions . . . . . . . . . . . . . . . . . . . . . . . . 74\n46 Amendment of sch 1 (Evidence by certificate) . . . . . . . . . . . . . . 75\n47 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . 76\nPart 7 Amendment of Transport Operations (Road Use Management—\nAccreditation and Other Provisions) Regulation 2015\n48 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77\n49 Amendment of s 128 (Application for, and issue of, permit) . . . . 77\n50 Amendment of s 129 (Authority of special circumstances permit) 78\nPart 8 Amendment of Transport Operations (Road Use Management—\nRoad Rules) Regulation 2009\n51 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79\n52 Replacement of s 15A (Personal mobility devices—Act, sch 4) . 79\n15A Personal mobility devices—Act, sch 4, definition personal\nmobility device . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79\n53 Amendment of s 21 (Speed limit where a speed limit sign applies) 80\n54 Replacement of s 24B (Speed limit for personal mobility devices) 80\n24B Speed limit on particular signed or marked paths . . . 80\n24C Speed limit for personal mobility devices . . . . . . . . . 81\n24D Speed limit for electrically power-assisted cycles on\ncrossings or particular paths . . . . . . . . . . . . . . . . . . . 82\n55 Amendment of s 244B (Wearing of helmets by users of low powered toy\nscooters) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83\n56 Omission of s 245A (Age restrictions for personal mobility device riders)\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83\n57 Amendment of s 252B (Personal mobility devices not to be ridden on\nparticular roads) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84\n58 Amendment of s 252C (Exception to not riding personal mobility devices\non particular roads—PMD-permitted bicycle lane) . . . . . . . . . . . 84\n59 Amendment of s 252D (Other exceptions to not riding personal mobility\ndevices on particular roads) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84\n60 Insertion of new s 253A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84\n253A Unreasonably obstructing bicycle paths, footpaths etc. 85\n61 Amendment of s 256 (Bicycle helmets) . . . . . . . . . . . . . . . . . . . . 85\n62 Amendment of s 257 (Riding a bicycle or personal mobility device with a\nperson on a bicycle or PMD trailer) . . . . . . . . . . . . . . . . . . . . . . . 86\n63 Replacement of s 353B (Power-assisted bicycles—Act, sch 4, definition\npower-assisted bicycle) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86\n\nContents\nTransport and Other Legislation (Managing E-mobility Use and Protecting Our\nCommunities) Amendment Bill 2026\nPage 6\nAuthorised by the Parliamentary Counsel\n353B Prescribed standard—Act, sch 4, definition EPAC standard\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86\n64 Amendment of sch 3 (Other permitted traffic signs) . . . . . . . . . . 86\n65 Amendment of sch 4 (Symbols and traffic-related items) . . . . . . 87\n66 Amendment of sch 5 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . 87\nPart 9 Other amendments\n67 Legislation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87\nSchedule 1 Other amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88\nRural and Regional Adjustment Regulation 2011 . . . . . . . . . . . . 88\nTransport Operations (Road Use Management—Vehicle Standards and\nSafety) Regulation 2021 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88\n\n2026\nA Bill\nfor\nAn Act to amend the Police Powers and Responsibilities Act\n2000, the State Penalties Enforcement Act 1999, the State\nPenalties Enforcement Regulation 2014, the Summary Offences\nAct 2005, the Transport Operations (Road Use\nManagement—Accreditation and Other Provisions) Regulation\n2015, the Transport Operations (Road Use Management) Act\n1995, the Transport Operations (Road Use Management—Road\nRules) Regulation 2009 and the legislation mentioned in\nschedule 1 for particular purposes\n\nPage 8\nAuthorised by the Parliamentary Counsel\n[s 1]\nTransport and Other Legislation (Managing E-mobility Use and Protecting Our\nCommunities) Amendment Bill 2026\nPart 1 Preliminary\nThe Parliament of Queensland enacts—\nPart 1 Preliminary\n1 Short title\nThis Act may be cited as the Transport and Other Legislation\n(Managing E-mobility Use and Protecting Our Communities)\nAmendment Act 2026.\n2 Commencement\n(1) This Act, other than the following provisions, commences on\n1 July 2026—\n(a) part 3;\n(b) section 34, to the extent it inserts section 78C.\n(2) Part 3 commences on a day to be fixed by proclamation.\n(3) Section 34, to the extent it inserts section 78C, commences on\n1 January 2027.\nPart 2 Amendment of Police Powers\nand Responsibilities Act 2000\n3 Act amended\nThis part amends the Police Powers and Responsibilities Act\n2000.\n4 Amendment of s 30 (Prescribed circumstances for\nsearching persons without warrant)\nSection 30(1)(a)(viii), ‘section 17,’—\n1\n2\nClause 3\n4\n5\n6\nClause 7\n8\n9\n10\n11\n12\n13\n14\n15\n16\nClause 17\n18\n19\nClause 20\n21\n22\n\nPage 9\nAuthorised by the Parliamentary Counsel\n[s 5]\nTransport and Other Legislation (Managing E-mobility Use and Protecting Our\nCommunities) Amendment Bill 2026\nPart 2 Amendment of Police Powers and Responsibilities Act 2000\nomit, insert—\nsection 17, 19Q(1), 19S(2),\n5 Amendment of s 32 (Prescribed circumstances for\nsearching vehicle without warrant)\nSection 32(1)(l), ‘section 17,’—\nomit, insert—\nsection 17, 19Q(1), 19S(2),\n6 Insertion of new s 43AA\nAfter section 43A—\ninsert—\n43AA Unlawful sale of controlled vehicle to child\nunder 16\n(1) This section applies if—\n(a) a police officer—\n(i) observes a person being sold a thing\nthat the officer reasonably suspects is a\ncontrolled vehicle; or\n(ii) reasonably suspects a person has just\nbeen sold a controlled vehicle; and\n(b) the officer reasonably suspects the person is\nunder 16 years.\n(2) The police officer may—\n(a) ask the person to show acceptable evidence\nof age of the person; and\n(b) require the person to produce the thing sold\nto the person.\n(3) The police officer may seize the thing if—\n(a) the person—\n1\n2\nClause 3\n4\n5\n6\n7\nClause 8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28","sortOrder":0},{"sectionNumber":"retrieval-0002","sectionType":"document_chunk","heading":"Document excerpt 2","content":"Page 10\nAuthorised by the Parliamentary Counsel\n[s 7]\nTransport and Other Legislation (Managing E-mobility Use and Protecting Our\nCommunities) Amendment Bill 2026\nPart 2 Amendment of Police Powers and Responsibilities Act 2000\n(i) refuses, or is unable, to show\nacceptable evidence of age of the\nperson; or\n(ii) shows acceptable evidence of age\nshowing the person is under 16 years;\nand\n(b) the officer reasonably suspects the thing is\nevidence of an offence against the Summary\nOffences Act 2005, section 19Q(1) or\n19S(2).\n(4) In this section—\nacceptable evidence of age see the Summary\nOffences Act 2005, schedule 2.\ncontrolled vehicle see the Summary Offences Act\n2005, section 19O.\n7 Amendment of s 52 (Prevention of offences—general)\n(1) Section 52, examples, ‘Examples of continuation’—\nomit, insert—\nExamples of preventing the continuation\n(2) Section 52, examples of preventing the continuation of an\noffence as amended by this Act—\ninsert—\n3 A police officer who stops a child unlawfully riding\nan e-mobility device may take possession of the\ndevice to prevent the child continuing to ride it\nwhen the officer leaves the area, on the basis that\nthe device will later be released to the child’s parent\nor another responsible adult for the child.\n8 Insertion of new ch 4A\nAfter chapter 4—\ninsert—\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\nClause 16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\nClause 29\n30\n31\n\nPage 11\nAuthorised by the Parliamentary Counsel\n[s 8]\nTransport and Other Legislation (Managing E-mobility Use and Protecting Our\nCommunities) Amendment Bill 2026\nPart 2 Amendment of Police Powers and Responsibilities Act 2000\nChapter 4A Removal and\ndestruction powers\nfor prohibited bikes\non roads or in public\nplaces\nPart 1 Preliminary\n123A Definitions for ch 4A\nIn this chapter—\nextended release application period means the\nrelease application period extended under section\n123G(4).\nextended review period, for a release application,\nmeans the review period extended under section\n123L(2).\nforfeiture notice see section 123P(3).\ninformation notice, for an original decision, see\nsection 123H(4).\ninternal review, of an original decision, see\nsection 123K(1).\noriginal decision means a decision on a release\napplication made under section 123H.\nowner includes a joint owner and a part owner.\nprohibited bike see the Road Use Management\nAct, section 6.\nrelease application means an application for the\nrelease of a seized vehicle made under section\n123G.\nrelease application period, for a vehicle seized\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n\nPage 12\nAuthorised by the Parliamentary Counsel\n[s 8]\nTransport and Other Legislation (Managing E-mobility Use and Protecting Our\nCommunities) Amendment Bill 2026\nPart 2 Amendment of Police Powers and Responsibilities Act 2000\nunder section 123C, means—\n(a) the standard release application period; or\n(b) the extended release application period.\nrelease notice see section 123H(3).\nreview period, for a release application decided\nunder section 123H, means—\n(a) the standard review period; or\n(b) the extended review period.\nroad-related area has the meaning given under a\nregulation made under the Road Use Management\nAct.\nNote\nSee section 13 of the Queensland Road Rules.\nseizure notice see section 123F(7).\nshared e-mobility provider see the Road Use\nManagement Act, section 48AA(7).\nstandard release application period, for a vehicle\nseized under section 123C, means the period of 30\ndays after the day of seizure.\nstandard review period, for a release application\ndecided under section 123H, means the period of\n28 days after the day notice of the original\ndecision is given.\n123B Relationship to National Credit Code\nNothing in this chapter affects the rights of a\ncredit provider to repossess a vehicle under the\nNational Credit Code and sell it.\nPart 2 Seizing prohibited\nbikes\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n\nPage 13\nAuthorised by the Parliamentary Counsel\n[s 8]\nTransport and Other Legislation (Managing E-mobility Use and Protecting Our\nCommunities) Amendment Bill 2026\nPart 2 Amendment of Police Powers and Responsibilities Act 2000\n123C Seizure of prohibited bike on road, on\nroad-related area or in public place\n(1) This section applies if a police officer reasonably\nsuspects that—\n(a) a vehicle is a prohibited bike; and\n(b) the vehicle is being, or has been, ridden on a\nroad, on a road-related area or in a public\nplace.\nExample of reasonable suspicion that a vehicle reasonably\nsuspected of being a prohibited bike has been ridden in a\npublic place\nA police officer finds a vehicle reasonably suspected of\nbeing a prohibited bike chained to a post in a public\nplace and reasonably suspects it was unlawfully ridden\nto reach that location.\n(2) The police officer may seize the vehicle.\n123D Particular powers for seizing prohibited\nbike—attended seizure\n(1) To seize a vehicle under this part if a person is\nriding or in possession of the vehicle, a police\nofficer may—\n(a) stop the vehicle if it is moving, whether or\nnot the vehicle is on a road; or\n(b) if the vehicle is stationary—require the\nperson to remain at the place where it is\nstopped for the time reasonably necessary;\nor\n(c) direct the person to give the police officer\nany key or code needed to move the vehicle;\nor\n(d) remove any chain or lock securing the\nvehicle in place; or\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n31\n32\n\nPage 14\nAuthorised by the Parliamentary Counsel\n[s 8]\nTransport and Other Legislation (Managing E-mobility Use and Protecting Our\nCommunities) Amendment Bill 2026\nPart 2 Amendment of Police Powers and Responsibilities Act 2000\n(e) require the person to state the person’s name\nand address and the name and address of the\nowner of the vehicle; or\n(f) do anything else reasonably necessary for\nseizing the vehicle.\n(2) After seizing a vehicle, a police officer may move\nthe vehicle, or arrange for the vehicle to be moved\nby a government agency or third party, to a\nholding yard or storage facility in the way the\npolice officer considers appropriate.\n123E Particular powers for seizing prohibited\nbike—unattended seizure\n(1) To seize a vehicle under this part if the vehicle is\nunattended, a police officer may—\n(a) remove any chain or lock securing the\nvehicle in place; or\n(b) do anything else reasonably necessary for\nseizing the vehicle.\n(2) After seizing a vehicle, a police officer may move\nthe vehicle, or arrange for the vehicle to be moved\nby a government agency or third party, to a\nholding yard or storage facility in the way the\npolice officer considers appropriate.\n123F Steps after seizing prohibited bike\n(1) If a police officer seizes a vehicle under this part\nwhere a person was riding or in possession of the\nvehicle, the officer must ensure the person is\npersonally served with a seizure notice.\n(2) If a police officer seizes a vehicle under this part\nwhere the vehicle is unattended, the officer must\npublish a seizure notice on the police service\nwebsite.\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n31\n32\n\nPage 15\nAuthorised by the Parliamentary Counsel\n[s 8]\nTransport and Other Legislation (Managing E-mobility Use and Protecting Our\nCommunities) Amendment Bill 2026\nPart 2 Amendment of Police Powers and Responsibilities Act 2000\n(3) If a police officer seizes a vehicle under this part\nthat the officer reasonably suspects belongs to a\nshared e-mobility provider, the officer must serve\na seizure notice on the shared e-mobility provider\nfor the vehicle.\n(4) Subsection (3) applies regardless of whether at the\ntime of seizure a person was in possession of the\nvehicle or the vehicle was unattended.\n(5) The service or publication of a seizure notice\nunder this section must be done as soon as\npracticable and no later than 7 days after the day\nthe vehicle was seized.\n(6) A police officer need not publish a seizure notice\nrequired by subsection (2) if the officer\nreasonably believes the vehicle is abandoned.\n(7) In this section—\nseizure notice means a notice in the approved\nform stating—\n(a) the day, time and location of the seizure; and\n(b) any available identifying particulars of the\nvehicle; and\n(c) the identity of the rider of, or person in\npossession of, the vehicle (if known); and\n(d) the storage location of the vehicle; and\n(e) the requirements for making a release\napplication for the vehicle; and\n(f) that if no valid release application is made\nwithin the release application period, the\nvehicle will be forfeited to the State and\nmay be destroyed or otherwise disposed of.\nPart 3 Application for release\nof vehicle\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n31\n32\n\nPage 16\nAuthorised by the Parliamentary Counsel\n[s 8]\nTransport and Other Legislation (Managing E-mobility Use and Protecting Our\nCommunities) Amendment Bill 2026\nPart 2 Amendment of Police Powers and Responsibilities Act 2000\n123G Release application\n(1) This section applies to a seized vehicle described\nin a seizure notice given or published under\nsection 123F.\n(2) A person who claims to be an owner of the vehicle\nmay apply to the commissioner for the release of\nthe vehicle.\n(3) The release application must—\n(a) be in the approved form; and\n(b) be made within the standard release\napplication period; and\n(c) contain information to establish—\n(i) the person is an owner of the vehicle;\nand\n(ii) the grounds on which the vehicle\nshould be released.\nExample of information to establish the grounds on which\nthe vehicle should be released—\nCCTV footage showing that the vehicle was brought to\nthe public place in a lawful way and was not ridden in\nthe public place\n(4) Despite subsection (3)(b), the commissioner may,\nbefore the end of the standard release application\nperiod, extend the period for making an\napplication by a further period of up to 30 days if\nsatisfied the extension is reasonable in the\ninterests of justice.\n123H Deciding application\n(1) The commissioner must decide a release\napplication within 28 days after receiving it and\neither release or refuse to release the vehicle the\nsubject of the application.\n(2) The commissioner must release the vehicle if\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n31\n32\n33\n\nPage 17\nAuthorised by the Parliamentary Counsel\n[s 8]\nTransport and Other Legislation (Managing E-mobility Use and Protecting Our\nCommunities) Amendment Bill 2026\nPart 2 Amendment of Police Powers and Responsibilities Act 2000\nsatisfied the applicant is an owner of the vehicle\nand—\n(a) the vehicle is registered and may lawfully be\nused in a public place; or\n(b) the vehicle is otherwise not a prohibited\nbike; or\n(c) the applicant was not responsible for, and\ndid not authorise, the suspected riding of the\nvehicle on a road, on a road-related area or\nin a public place; or\n(d) the vehicle was not ridden on a road, on a\nroad-related area or in a public place.\n(3) If the commissioner decides to release the vehicle,\nthe commissioner must give the applicant written\nnotice of the decision (a release notice), stating—\n(a) the release application is granted; and\n(b) that the applicant may collect the vehicle\nfrom a stated place during stated hours; and\n(c) that if the applicant does not collect the\nvehicle within 30 days after the date of the\nrelease notice, the vehicle will be forfeited\nto the State and may be disposed of.\n(4) If the commissioner refuses to release the vehicle,\nthe commissioner must give the applicant written\nnotice of the decision (an information notice),\nstating—\n(a) that the release application is refused; and\n(b) the reasons for the decision, including\nwhether the refusal is because of failure to\nsatisfy the commissioner of the applicant’s\nclaim to ownership of the vehicle or failure\nto establish grounds on which the vehicle\nshould be released; and\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n31\n32\n33\n\nPage 18\nAuthorised by the Parliamentary Counsel\n[s 8]\nTransport and Other Legislation (Managing E-mobility Use and Protecting Our\nCommunities) Amendment Bill 2026\nPart 2 Amendment of Police Powers and Responsibilities Act 2000\nNote—\nSee also the Acts Interpretation Act 1954, section\n27B for matters that must be included with the\nreasons.\n(c) that the applicant may apply for internal\nreview of the decision within the review\nperiod; and\n(d) the requirements for applying; and\n(e) that if no application for internal review is\nmade within the review period, the vehicle\nwill be forfeited to the State and may be\ndestroyed or otherwise disposed of.\nPart 4 Review of decisions\nDivision 1 Preliminary\n123I Definitions for part\nIn this part—\naffected person, in relation to an original\ndecision, means a person whose release\napplication is refused.\ninternal review decision means a decision made,\nor taken to have been made, under section 123M\non an application for internal review of an original\ndecision.\nQCAT information notice, for an internal review\ndecision, means a notice complying with the\nQCAT Act, section 157(2).\nDivision 2 Internal review\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n\nPage 19\nAuthorised by the Parliamentary Counsel\n[s 8]\nTransport and Other Legislation (Managing E-mobility Use and Protecting Our\nCommunities) Amendment Bill 2026\nPart 2 Amendment of Police Powers and Responsibilities Act 2000\n123J Review process must start with internal\nreview\nAn affected person for an original decision may\napply to QCAT for a review of the decision only\nif a decision on an application for internal review\nof the decision has been made, or taken to have\nbeen made, under this division.\n123K Who may apply for internal review\n(1) An affected person for an original decision may\napply to the commissioner for a review of the\ndecision under this division (an internal review).\n(2) If the affected person has not been given an\ninformation notice for the original decision, the\naffected person may ask the commissioner for an\ninformation notice for the decision.\n(3) A failure by the commissioner to give the affected\nperson an information notice for the original\ndecision does not limit or otherwise affect the\nperson’s right to apply for an internal review of\nthe decision.\n123L Requirements for application\n(1) An application for internal review of an original\ndecision must—\n(a) be in the approved form; and\n(b) for a person who has been given an\ninformation notice for the decision—include\nenough information to enable the reviewer\nto decide the application; and\n(c) be made to the commissioner within—\n(i) for a person who has been given an\ninformation notice for the\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n31\n\nPage 20\nAuthorised by the Parliamentary Counsel\n[s 8]\nTransport and Other Legislation (Managing E-mobility Use and Protecting Our\nCommunities) Amendment Bill 2026\nPart 2 Amendment of Police Powers and Responsibilities Act 2000\ndecision—28 days after the day the\nperson is given the notice; or\n(ii) for a person who has not been given an\ninformation notice for the\ndecision—28 days after the day the\nperson becomes aware of the decision.\n(2) The commissioner may extend the period within\nwhich the application for internal review may be\nmade by a further period of no more than 28 days.\n123M Internal review\n(1) The commissioner must, within 20 days after\nreceiving an application for internal review—\n(a) review the original decision and either—\n(i) confirm the original decision; or\n(ii) substitute another decision for the\noriginal decision; and\n(b) give the affected person for the original\ndecision a QCAT information notice for the\ncommissioner’s decision under paragraph\n(a).\n(2) The commissioner and the affected person may,\nbefore the period stated in subsection (1) ends,\nagree to a longer period for the chief executive to\ncomply with the subsection.\n(3) The application may be dealt with only by a\nperson who—\n(a) did not make the original decision; and\n(b) holds a rank equivalent to or higher than the\nperson who made the original decision.\n(4) Subsection (3) does not apply to an original\ndecision made by the commissioner personally.\n(5) If the commissioner does not give the affected\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n31\n32\n\nPage 21\nAuthorised by the Parliamentary Counsel\n[s 8]\nTransport and Other Legislation (Managing E-mobility Use and Protecting Our\nCommunities) Amendment Bill 2026\nPart 2 Amendment of Police Powers and Responsibilities Act 2000\nperson a QCAT information notice within the\nperiod required under subsection (1) or a longer\nperiod agreed under subsection (2), the\ncommissioner is taken to confirm the original\ndecision.\n(6) If the commissioner decides to substitute for the\noriginal decision a decision to release the vehicle,\nthe commissioner must give the affected person\nfor the original decision a release notice.\nDivision 3 External review\n123N Applying for external review\n(1) This section applies to a person who must be\ngiven a QCAT information notice for an internal\nreview decision.\n(2) The person may apply to QCAT, as provided\nunder the QCAT Act, for a review of the internal\nreview decision.\n123O Notice of external review application\nA person who applies to QCAT for a review of an\ninternal review decision must, within 7 days after\nfiling the application in the QCAT registry, give\nthe commissioner notice of the application in the\napproved form.\nPart 5 Forfeiture and disposal\nof prohibited bikes\n123P Forfeiture of prohibited bikes\n(1) This section applies if—\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27","sortOrder":1},{"sectionNumber":"retrieval-0003","sectionType":"document_chunk","heading":"Document excerpt 3","content":"Page 22\nAuthorised by the Parliamentary Counsel\n[s 8]\nTransport and Other Legislation (Managing E-mobility Use and Protecting Our\nCommunities) Amendment Bill 2026\nPart 2 Amendment of Police Powers and Responsibilities Act 2000\n(a) a police officer has seized a vehicle under\nsection 123C; and\n(b) one of the following (each a forfeiture\nevent) applies—\n(i) the release application period ends and\nno release application has been made\nfor the vehicle within the period;\n(ii) each release application for the vehicle\nhas been refused and no application for\ninternal review has been made within\nthe review period;\n(iii) each internal review decision has\nconfirmed each original decision and\nno application for external review has\nbeen made under the QCAT Act within\nthe period provided under that Act;\n(iv) each application to QCAT for external\nreview of an internal review decision\nhas resulted in a decision to confirm\nthe internal review decision, or has\nbeen withdrawn or struck out;\n(v) a person issued with a release notice\nfails to collect the vehicle the subject of\nthe release notice within 30 days after\nthe date of the notice.\n(2) The vehicle is forfeited to the State on the\nforfeiture event.\n(3) The commissioner must issue a notice (a\nforfeiture notice) for each vehicle forfeited under\nthis section, stating—\n(a) the name and address of the owner of the\nvehicle (if known); and\n(b) any available identifying particulars of the\nvehicle; and\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n31\n32\n33\n34\n\nPage 23\nAuthorised by the Parliamentary Counsel\n[s 8]\nTransport and Other Legislation (Managing E-mobility Use and Protecting Our\nCommunities) Amendment Bill 2026\nPart 2 Amendment of Police Powers and Responsibilities Act 2000\n(c) the day, time and location the vehicle was\nseized; and\n(d) that the release application period and\nreview period are complete; and\n(e) that the vehicle is forfeited to the State; and\n(f) that the commissioner is empowered to\ndestroy or otherwise dispose of the vehicle.\n(4) If the forfeited vehicle was seized in the\ncircumstance mentioned in section 123F(1)—\n(a) if a release application was made—the\ncommissioner must ensure the forfeiture\nnotice is served, either by post or personally,\non the person who made the release\napplication; or\n(b) if a release application was not made or a\nrelease application was made but the\ncommissioner is not satisfied the applicant\nis an owner of the vehicle—the\ncommissioner must ensure the forfeiture\nnotice is served, either by post or personally,\non the person who was riding or in\npossession of the vehicle.\n(5) If the forfeited vehicle was seized in the\ncircumstance mentioned in section 123F(2)—\n(a) if a release application was made—the\ncommissioner must ensure the forfeiture\nnotice is served, either by post or personally,\non the person who made the release\napplication; or\n(b) if a release application was not made or a\nrelease application was made but the\ncommissioner is not satisfied the applicant\nis an owner of the vehicle—the\ncommissioner must publish the forfeiture\nnotice on the police service website.\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n31\n32\n33\n34\n35\n\nPage 24\nAuthorised by the Parliamentary Counsel\n[s 8]\nTransport and Other Legislation (Managing E-mobility Use and Protecting Our\nCommunities) Amendment Bill 2026\nPart 2 Amendment of Police Powers and Responsibilities Act 2000\n(6) If the forfeited vehicle was seized in the\ncircumstance mentioned in section 123F(3), the\ncommissioner must ensure the forfeiture notice is\nserved, either by post or personally, on the shared\ne-mobility provider.\n123Q Disposal of forfeited vehicles\n(1) The commissioner may dispose of a vehicle\nforfeited to the State under this part in the way the\ncommissioner considers appropriate, including\nby—\n(a) destroying the vehicle; or\n(b) if satisfied the vehicle is not a prohibited\nbike or is eligible to be registered—selling\nthe vehicle.\n(2) The commissioner may arrange for the disposal of\na vehicle to be carried out by a government\nagency or third party.\n123R Application of proceeds of sale\n(1) This section applies if the commissioner decides\nto sell a vehicle under section 123Q.\n(2) The proceeds of the sale are to be applied in the\nfollowing order—\n(a) in payment of the expenses of the sale;\n(b) in payment of other reasonable costs\nincurred by the State in dealing with the\nvehicle, including, for example, the costs of\nseizing, removing and storing the vehicle\nand giving the seizure notice and forfeiture\nnotice;\n(c) if there is an amount owing to a person\nunder a security interest registered for the\nvehicle under the Personal Property\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n31\n32\n\nPage 25\nAuthorised by the Parliamentary Counsel\n[s 8]\nTransport and Other Legislation (Managing E-mobility Use and Protecting Our\nCommunities) Amendment Bill 2026\nPart 2 Amendment of Police Powers and Responsibilities Act 2000\nSecurities Act 2009 (Cwlth)—in payment of\nthe amount owing to the holder of the\nsecurity interest;\n(d) in payment of any balance to the\nconsolidated fund.\n123S Liability for costs\n(1) This section applies if—\n(a) a vehicle has been disposed of under section\n123Q; and\n(b) the costs mentioned in section 123R(2)(a)\nand (b) have not been met by the proceeds\nof the sale of the vehicle or otherwise by an\nentity other than the State; and\n(c) the identity of the person who was, at the\ntime the vehicle was seized, an owner or\nrider of the vehicle is known to the\ncommissioner.\n(2) The commissioner may give the person a notice (a\ncosts notice) in the approved form stating—\n(a) the reasonable costs incurred by the State in\ndealing with and disposing of the vehicle;\nand\n(b) any portion of those costs that has already\nbeen recovered by the State and the costs\noutstanding; and\n(c) that the person is liable to pay the\noutstanding costs to the State, and the ways\nthe person can pay; and\n(d) that if the person does not pay the costs\nwithin 30 days after the date of the notice,\nthe costs may be recovered as a debt due to\nthe State.\n(3) A person who receives a costs notice under this\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n31\n32\n33\n\nPage 26\nAuthorised by the Parliamentary Counsel\n[s 8]\nTransport and Other Legislation (Managing E-mobility Use and Protecting Our\nCommunities) Amendment Bill 2026\nPart 2 Amendment of Police Powers and Responsibilities Act 2000\nsection is liable to pay the costs stated in the\nnotice.\n(4) The costs stated in a costs notice are payable to,\nand recoverable as a debt by, the State.\nPart 6 General\n123T Limitation of review\n(1) Unless the Supreme Court decides a decision\nmade under this chapter is affected by\njurisdictional error, the decision—\n(a) is final and conclusive; and\n(b) can not be challenged, appealed against,\nreviewed, quashed, set aside or called into\nquestion in any other way under the Judicial\nReview Act 1991 or otherwise (whether by\nthe Supreme Court, another court, a tribunal\nor another entity); and\n(c) is not subject to any declaratory, injunctive\nor other order of the Supreme Court, another\ncourt, a tribunal or another entity on any\nground.\n(2) The Judicial Review Act 1991, part 5 applies to a\ndecision only to the extent it is affected by\njurisdictional error.\n(3) In this section—\ndecision includes a decision or conduct leading up\nto or forming part of the process of making a\ndecision.\n123U Evidentiary provision\n(1) In a proceeding, a certificate signed by the\ncommissioner and stating any of the following is\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n\nPage 27\nAuthorised by the Parliamentary Counsel\n[s 8]\nTransport and Other Legislation (Managing E-mobility Use and Protecting Our\nCommunities) Amendment Bill 2026\nPart 2 Amendment of Police Powers and Responsibilities Act 2000\nevidence of what it states—\n(a) that stated steps were taken during the\nseizure of a vehicle under section 123C;\n(b) that a seizure notice was given or published\nunder section 123F in a stated way on a\nstated day;\n(c) that a release application made under\nsection 123G was considered in a stated way\nand notice of the decision was given in a\nstated way on a stated day;\n(d) that an application for internal review made\nunder section 123K was considered in a\nstated way and notice of the decision was\ngiven in a stated way on a stated day;\n(e) that a vehicle was forfeited to the State\nunder section 123P at the time of a stated\nforfeiture event;\n(f) that a forfeited vehicle was disposed of\nunder section 123Q in a stated way on a\nstated day.\n(2) If, in a criminal proceeding, the prosecuting\nauthority intends to rely on the certificate, it must,\nat least 20 business days before the hearing day,\ngive a copy of the certificate to the defendant or\nthe defendant’s lawyer.\n(3) If the defendant intends to challenge a matter\nstated in the certificate, the defendant must, at\nleast 15 business days before the hearing day, give\nthe prosecuting authority notice, in the approved\nform, of the matter to be challenged.\n(4) If the defendant acts under subsection (3), the\ncertificate stops being evidence of the matter to be\nchallenged.\n(5) In this section—\nhearing day means the day the hearing of the\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n31\n32\n33\n34\n35\n\nPage 28\nAuthorised by the Parliamentary Counsel\n[s 8]\nTransport and Other Legislation (Managing E-mobility Use and Protecting Our\nCommunities) Amendment Bill 2026\nPart 2 Amendment of Police Powers and Responsibilities Act 2000\ncriminal proceeding starts.\nprosecuting authority means the entity\nresponsible for prosecuting the criminal\nproceeding.\nNote\nSee also the Road Use Management Act, section 123KA\nfor evidentiary certificates relating to approved testing\ndevices.\n123V Protection from liability\n(1) A police officer acting in good faith and without\nnegligence is not liable for any damage, loss or\ndepreciation to a vehicle that occurs during the\nseizure, removal or storage of the vehicle under\nthis chapter.\n(2) An officer of a government agency acting in good\nfaith and without negligence is not liable for any\ndamage, loss or depreciation to a vehicle that\noccurs during the removal or storage of the\nvehicle under this chapter.\n(3) To remove any doubt, it is declared that\nsubsections (1) and (2) apply whether the officer\nwas personally responsible for the removal or\nstorage of the vehicle or arranged for the removal\nor storage to be carried out by another officer or\nby a third party.\n(4) If subsection (1) or (2) prevents liability attaching\nto a police officer or an officer of a government\nagency, liability instead attaches to the State.\n123W Protection for persons exercising power\nunder ch 4A\n(1) This section applies to proceedings in relation to\nliability for breach of duty arising out of damage\nto a vehicle that happens when a person exercises\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n31\n32\n33\n\nPage 29\nAuthorised by the Parliamentary Counsel\n[s 9]\nTransport and Other Legislation (Managing E-mobility Use and Protecting Our\nCommunities) Amendment Bill 2026\nPart 2 Amendment of Police Powers and Responsibilities Act 2000\npower, or assists another person exercising\npower, under this chapter in relation to the\nseizure, removal or storage of a vehicle.\n(2) The person, or a person assisting the person, is not\ncivilly liable—\n(a) because of the paramount or high degree of\nimportance the person gave to moving the\nvehicle off the road, road-related area or\npublic place quickly; or\n(b) to the extent there was an increased\nlikelihood that a vehicle would be damaged\nin the exercise of power mentioned in\nsubsection (1), because of the nature of the\npower.\n9 Amendment of s 686 (Application of pt 3)\nSection 686(2)(a), after ‘or seized under section’—\ninsert—\n123C or\n10 Amendment of s 747 (Definitions for chapter)\nSection 747—\ninsert—\nelectrically power-assisted cycle see the Road\nUse Management Act, schedule 4.\npersonal mobility device see the Road Use\nManagement Act, schedule 4.\n11 Amendment of s 754 (Evasion offence)\n(1) Section 754(1), from ‘another’ to ‘driver’—\nomit, insert—\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\nClause 15\n16\n17\n18\nClause 19\n20\n21\n22\n23\n24\n25\nClause 26\n27\n28\n\nPage 30\nAuthorised by the Parliamentary Counsel\n[s 12]\nTransport and Other Legislation (Managing E-mobility Use and Protecting Our\nCommunities) Amendment Bill 2026\nPart 2 Amendment of Police Powers and Responsibilities Act 2000\nanother motor vehicle or the driver of an\nelectrically power-assisted cycle or personal\nmobility device a direction to stop the motor\nvehicle, electrically power-assisted cycle or\npersonal mobility device the driver\n(2) Section 754(2), from ‘of’ to ‘motor vehicle’, last mention—\nomit, insert—\nmust stop the motor vehicle, electrically\npower-assisted cycle or personal mobility device\nas soon as reasonably practicable if a reasonable\nperson would stop the motor vehicle, electrically\npower-assisted cycle or personal mobility device\n(3) Section 754—\ninsert—\n(5A) Subsection (5) does not apply to an offence that\ninvolves an electrically power-assisted cycle or\npersonal mobility device.\n(4) Section 754(9)—\ninsert—\ndrive, in relation to an electrically power-assisted\ncycle or personal mobility device, includes ride.\n12 Amendment of s 755 (When type 1 vehicle related offence\nnotice may be given to owner of motor vehicle involved in\noffence)\nSection 755(1), from ‘type’ to ‘motor vehicle’—\nomit, insert—\ntype 1 vehicle related offence, other than an\noffence that involves an electrically\npower-assisted cycle or personal mobility device,\nit appears to a police officer investigating the\noffence that giving the owner of a motor vehicle\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\nClause 22\n23\n24\n25\n26\n27\n28\n29\n30\n31\n\nPage 31\nAuthorised by the Parliamentary Counsel\n[s 13]\nTransport and Other Legislation (Managing E-mobility Use and Protecting Our\nCommunities) Amendment Bill 2026\nPart 2 Amendment of Police Powers and Responsibilities Act 2000\n13 Amendment of sch 6 (Dictionary)\nSchedule 6—\ninsert—\naffected person, for a decision, for chapter 4A,\npart 4, see section 123I.\nelectrically power-assisted cycle, for chapter 22,\nsee section 747.\nextended release application period, for chapter\n4A, see section 123A.\nextended review period, for chapter 4A, see\nsection 123A.\nforfeiture notice, for chapter 4A, see section\n123A.\ninformation notice, for chapter 4A, see section\n123A.\ninternal review, for chapter 4A, see section 123A.\ninternal review decision, for chapter 4A, part 4,\nsee section 123I.\noriginal decision, for chapter 4A, see section\n123A.\nowner, for chapter 4A, see section 123A.\npersonal mobility device, for chapter 22, see\nsection 747.\nprohibited bike, for chapter 4A, see section 123A.\nQCAT information notice, for chapter 4A, part 4,\nsee section 123I.\nrelease application, for chapter 4A, see section\n123A.\nrelease application period, for chapter 4A, see\nsection 123A.\nrelease notice, for chapter 4A, see section 123A.\nClause 1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n31\n\nPage 32\nAuthorised by the Parliamentary Counsel\n[s 14]\nTransport and Other Legislation (Managing E-mobility Use and Protecting Our\nCommunities) Amendment Bill 2026\nPart 3 Amendment of State Penalties Enforcement Act 1999\nreview period, for chapter 4A, see section 123A.\nroad-related area, for chapter 4A, see section\n123A.\nseizure notice, for chapter 4A, see section 123A.\nshared e-mobility provider, for chapter 4A, see\nsection 123A.\nstandard release application period, for chapter\n4A, see section 123A.\nstandard review period, for chapter 4A, see\nsection 123A.\nPart 3 Amendment of State Penalties\nEnforcement Act 1999\n14 Act amended\nThis part amends the State Penalties Enforcement Act 1999.\n15 Amendment of s 5 (Act has limited application to\nchildren)\n(1) Section 5(2), from ‘17 years’ to ‘points offence’—\nomit, insert—\n16 years is served with an infringement notice for\na prescribed transport offence\n(2) Section 5(5)—\ninsert—\nprescribed transport offence means—\n(a) a transport demerit points offence; or\n(b) an offence against the following provisions\nof the Transport Operations (Road Use\nManagement) Act 1995—\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\nClause 13\n14\nClause 15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n\nPage 33\nAuthorised by the Parliamentary Counsel\n[s 16]\nTransport and Other Legislation (Managing E-mobility Use and Protecting Our\nCommunities) Amendment Bill 2026\nPart 3 Amendment of State Penalties Enforcement Act 1999\n(i) section 78(1);\n(ii) section 78B;\n(iii) section 79(2AAA) or (2AAB);\n(iv) section 80(22DA);\n(v) section 84, to the extent the offence\ninvolves a bicycle or personal mobility\ndevice;\n(vi) section 84AA;\n(vii) section 84B;\n(viii)section 93; or\n(c) an offence against the following provisions\nof the Transport Operations (Road Use\nManagement—Road Rules) Regulation\n2009—\n(i) section 151;\n(ii) part 15, other than sections 246(2) and\n256(2).\n(3) Section 5(5), definition transport demerit points offence, ‘the\noffender’s’—\nomit, insert—\nan offender’s\n16 Insertion of new pt 10, div 11\nPart 10—\ninsert—\nDivision 11 Transitional provision for\nTransport and Other\nLegislation (Managing\nE-mobility Use and\nProtecting Our\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\nClause 22\n23\n24\n25\n26\n27\n28\n29","sortOrder":2},{"sectionNumber":"retrieval-0004","sectionType":"document_chunk","heading":"Document excerpt 4","content":"Page 34\nAuthorised by the Parliamentary Counsel\n[s 17]\nTransport and Other Legislation (Managing E-mobility Use and Protecting Our\nCommunities) Amendment Bill 2026\nPart 4 Amendment of State Penalties Enforcement Regulation 2014\nCommunities) Amendment\nAct 2026\n199 Application of new s 5\n(1) New section 5 applies in relation to a child for an\noffence only if the offence is committed after the\ncommencement.\n(2) In this section—\nnew section 5 means section 5 of this Act as in\nforce on the commencement.\nPart 4 Amendment of State Penalties\nEnforcement Regulation 2014\n17 Regulation amended\nThis part amends the State Penalties Enforcement Regulation\n2014.\n18 Amendment of sch 1 (Infringement notice offences and\nfines for nominated laws)\n(1) Schedule 1, entry for Summary Offences Act 2005—\ninsert—\n(2) Schedule 1, entry for Summary Offences Act 2005, entry for\nsection 23A(1), column 1, ‘23A(1)’—\nomit, insert—\ns 19Q(1) 14\ns 19R 4\ns 19S(2) 2\ns 19U(1) 2\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\nClause 12\n13\n14\nClause 15\n16\n17\n18\n19\n20\n21\n\nPage 35\nAuthorised by the Parliamentary Counsel\n[s 18]\nTransport and Other Legislation (Managing E-mobility Use and Protecting Our\nCommunities) Amendment Bill 2026\nPart 4 Amendment of State Penalties Enforcement Regulation 2014\n23A(2)\n(3) Schedule 1, entry for Transport Operations (Road Use\nManagement) Act 1995—\ninsert—\n(4) Schedule 1, entry for Transport Operations (Road Use\nManagement—Road Rules) Regulation 2009, entry for section\n245A—\nomit.\ns 34A(3) 6\ns 48AA(4) 2\ns 78B(1) 3\ns 78C(1) 14\ns 79(2AAA) 5\ns 79(2AAB) 3\ns 80(22DA) 2\ns 84(2) for a contravention that involves\nriding a bicycle or personal\nmobility device, if the\ncontravention does not cause the\ndeath of, or grievous bodily harm\nto, a person 3\ns 84AA if the contravention does not\ncause the death of, or grievous\nbodily harm to, a person 3\ns 84B(1) 33/5\ns 84C(1) 3\ns 84C(2) 3\n1\n2\n3\n4\n5\n6\n7\n8\n\nPage 36\nAuthorised by the Parliamentary Counsel\n[s 18]\nTransport and Other Legislation (Managing E-mobility Use and Protecting Our\nCommunities) Amendment Bill 2026\nPart 4 Amendment of State Penalties Enforcement Regulation 2014\n(5) Schedule 1, entry for Transport Operations (Road Use\nManagement—Road Rules) Regulation 2009, entries for\nsections 246(1), 246(2), 246(3) and 246A—\nomit.\n(6) Schedule 1, entry for Transport Operations (Road Use\nManagement—Road Rules) Regulation 2009—\ninsert—\n(7) Schedule 1, entry for Transport Operations (Road Use\nManagement—Road Rules) Regulation 2009, entry for section\n20—\nomit, insert—\ns 246(1) 3\ns 246(2) 3\ns 246(3) 3\ns 246A 3\ns 253A 1\ns 20 For a contravention that involves\ndriving over the speed limit by—\n(a) less than 11km/h Individual\nCorporation\n2\n10\n(b) at least 11km/h but not more\nthan 20km/h Individual\nCorporation\n3\n15\n(c) more than 20km/h but not\nmore than 30km/h Individual\nCorporation\n4 1/ 2\n221/ 2\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n\nPage 37\nAuthorised by the Parliamentary Counsel\n[s 18]\nTransport and Other Legislation (Managing E-mobility Use and Protecting Our\nCommunities) Amendment Bill 2026\nPart 4 Amendment of State Penalties Enforcement Regulation 2014\n(8) Schedule 1, entry for Transport Operations (Road Use\nManagement—Road Rules) Regulation 2009, entry for section\n244B(1), column 2, ‘ 2/5’—\nomit, insert—\n1\n(9) Schedule 1, entry for Transport Operations (Road Use\nManagement—Road Rules) Regulation 2009, entry for s\n252B(1), column 2, ‘1 1/ 5’—\nomit, insert—\n3\n(10) Schedule 1, entry for Transport Operations (Road Use\nManagement—Road Rules) Regulation 2009, entry for section\n256(1), column 2, ‘1’—\nomit, insert—\n3\n(11) Schedule 1, entry for Transport Operations (Road Use\nManagement—Road Rules) Regulation 2009, entry for section\n256(2), column 2, ‘1’—\nomit, insert—\n3\n(12) Schedule 1, entry for Transport Operations (Road Use\nManagement—Road Rules) Regulation 2009, entry for section\n256(3), column 2, ‘1’—\nomit, insert—\n3\n(d) more than 30km/h but not\nmore than 40km/h Individual\nCorporation\n71/ 2\n371/ 2\n(e) more than 40km/h Individual\nCorporation\n111/ 2\n571/ 2\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n\nPage 38\nAuthorised by the Parliamentary Counsel\n[s 19]\nTransport and Other Legislation (Managing E-mobility Use and Protecting Our\nCommunities) Amendment Bill 2026\nPart 5 Amendment of Summary Offences Act 2005\n(13) Schedule 1, entry for Transport Operations (Road Use\nManagement—Road Rules) Regulation 2009, entry for section\n256A(1), column 2, ‘1’—\nomit, insert—\n3\n(14) Schedule 1, entry for Transport Operations (Road Use\nManagement—Road Rules) Regulation 2009, entry for section\n257(1), column 2, ‘1’—\nomit, insert—\n3\nPart 5 Amendment of Summary\nOffences Act 2005\n19 Act amended\nThis part amends the Summary Offences Act 2005.\n20 Insertion of new s 19AA\nAfter section 19A—\ninsert—\n19AA Definitions for division\nIn this division—\nburn out, for a vehicle, means wilfully drive the\nvehicle in a way that causes a sustained loss of\ntraction of 1 or more of the wheels with the road\nsurface.\nExamples—\n• driving a vehicle in a way that causes a sustained\nloss of traction of 1 or more of the drive wheels\nwith a road surface so that the tyres or a substance\npoured onto the road surface smokes\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\nClause 13\n14\nClause 15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n\nPage 39\nAuthorised by the Parliamentary Counsel\n[s 21]\nTransport and Other Legislation (Managing E-mobility Use and Protecting Our\nCommunities) Amendment Bill 2026\nPart 5 Amendment of Summary Offences Act 2005\n• driving a vehicle in a way that causes a sustained\nloss of traction of 1 or more of the drive wheels\nwith a wet or gravelled road surface, regardless of\nwhether the tyres smoke because of a loss of\ntraction\ndrive, in relation to an electrically power-assisted\ncycle or personal mobility device, includes ride.\nmotor vehicle see the Transport Operations\n(Road Use Management) Act 1995, schedule 4.\nspeed trial see the Police Powers and\nResponsibilities Act 2000, schedule 6.\nvehicle means—\n(a) a motor vehicle; or\n(b) a personal mobility device; or\n(c) an electrically power-assisted cycle.\n21 Amendment of s 19B (Meaning of racing, burn out or\nother hooning offence)\nSection 19B, from ‘is a type 1’—\nomit, insert—\nis—\n(a) a type 1 vehicle related offence under the\nPolice Powers and Responsibilities Act\n2000, section 69A(1); or\n(b) any of the following offences involving a\nvehicle that is an electrically power-assisted\ncycle or personal mobility device committed\nin circumstances involving a speed trial, a\nrace between vehicles, or a burn out—\n(i) an offence against the Criminal Code,\nsection 328A committed on a road or in\na public place;\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\nClause 16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n31\n\nPage 40\nAuthorised by the Parliamentary Counsel\n[s 22]\nTransport and Other Legislation (Managing E-mobility Use and Protecting Our\nCommunities) Amendment Bill 2026\nPart 5 Amendment of Summary Offences Act 2005\n(ii) an offence against the Transport\nOperations (Road Use Management)\nAct 1995, section 84;\n(iii) an offence against the Transport\nOperations (Road Use Management)\nAct 1995, section 84AA;\n(iv) an offence against the Transport\nOperations (Road Use Management)\nAct 1995, section 85;\n(v) an offence against the Transport\nOperations (Road Use Management)\nAct 1995 involving wilfully starting the\nvehicle, or driving the vehicle, in a way\nthat makes unnecessary noise or\nsmoke.\nNotes—\n1 Under the Acts Interpretation Act 1954,\nsection 7(1), a reference to a law includes a\nreference to statutory instruments made or in\nforce under the law.\n2 At the enactment of this definition, a relevant\noffence for paragraph (b)(v), for example, is\nan offence against the Transport Operations\n(Road Use Management—Road Rules)\nRegulation 2009, section 291(1)(b).\n22 Amendment of s 19C (Unlawful conduct associated with\ncommission of racing, burn out or other hooning offence)\nSection 19C, ‘motor’—\nomit.\n23 Amendment of s 19D (Possession of things used in\ncommission of racing, burn out or other hooning offence)\nSection 19D, ‘motor’—\nomit.\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\nClause 26\n27\n28\n29\nClause 30\n31\n32\n33\n\nPage 41\nAuthorised by the Parliamentary Counsel\n[s 24]\nTransport and Other Legislation (Managing E-mobility Use and Protecting Our\nCommunities) Amendment Bill 2026\nPart 5 Amendment of Summary Offences Act 2005\n24 Amendment of s 19I (Sale by employees of controlled\nitems to minors)\nSection 19I(3), ‘subsection (1)’—\nomit, insert—\nsubsection (2)\n25 Insertion of new pt 2, div 4C\nPart 2—\ninsert—\nDivision 4C Offences about selling\nparticular vehicles to\nchildren under 16\n19O Definitions for division\nIn this division—\ncommercial seller—\n(a) means a person who, in trade or commerce,\nsells controlled vehicles to the public; but\n(b) does not include a person who sells\ncontrolled vehicles to the public only as an\nemployee.\ncontrolled vehicle means any of the following—\n(a) a motorbike, other than an exempt\nmotorbike;\n(b) a personal mobility device;\n(c) an electrically power-assisted cycle.\nemployee means a person who sells or may sell\ncontrolled vehicles in the course of the person’s\nemployment.\nexempt motorbike means a motorbike that is—\nClause 1\n2\n3\n4\n5\nClause 6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n\nPage 42\nAuthorised by the Parliamentary Counsel\n[s 25]\nTransport and Other Legislation (Managing E-mobility Use and Protecting Our\nCommunities) Amendment Bill 2026\nPart 5 Amendment of Summary Offences Act 2005\n(a) eligible for registration under the Transport\nOperations (Road Use\nManagement—Vehicle Registration)\nRegulation 2021, section 18(1) but is not\nregistered; or\n(b) registered.\nmotorbike see the Transport Operations (Road\nUse Management) Act 1995, schedule 4.\nregistered see the Transport Operations (Road\nUse Management) Act 1995, schedule 4.\n19P Meaning of sell for division\n(1) This section applies for the application, to this\ndivision, of the definition sell in the dictionary.\n(2) A person does not keep or expose for sale or offer\nto sell a controlled vehicle to a child under 16\nyears only because the person keeps or exposes\nfor sale or offers to sell controlled vehicles to the\npublic generally.\n19Q Sale of controlled vehicle to child under 16\n(1) A person must not sell a controlled vehicle to a\nchild under 16 years.\nMaximum penalty—\n(a) for a first offence—140 penalty units; or\n(b) for a second offence—280 penalty units; or\n(c) for a third or later offence—420 penalty\nunits.\n(2) An employee who sells a controlled vehicle to a\nchild under 16 years in the course of their\nemployment can not be prosecuted under this\nsection.\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n\nPage 43\nAuthorised by the Parliamentary Counsel\n[s 25]\nTransport and Other Legislation (Managing E-mobility Use and Protecting Our\nCommunities) Amendment Bill 2026\nPart 5 Amendment of Summary Offences Act 2005\nNote—\nSee section 19S.\n(3) It is a defence to a charge of an offence against\nsubsection (1) for the person to prove—\n(a) the person, or an employee of the person,\nrequired the child to produce acceptable\nevidence of age; and\n(b) the child produced acceptable evidence of\nage, or purported acceptable evidence of\nage, showing the child was not a child under\n16 years; and\n(c) the person or employee had no reason to\nbelieve the evidence was false.\n19R Commercial sellers must instruct employees\nabout sale of controlled vehicle to child under\n16\nA commercial seller who is an employer must do\nthe following in relation to each employee of the\nseller—\n(a) instruct the employee—\n(i) not to sell a controlled vehicle to a\nchild under 16 years in any\ncircumstances, even if the sale is for, or\nis claimed to be for, a person of or over\n16 years; and\n(ii) to sight acceptable evidence of age for\na person before selling a controlled\nvehicle to the person, unless satisfied\nthe person is of or over 16 years;\n(b) warn the employee that, if the employee\ndisregards the instructions mentioned in\nparagraph (a) and sells a controlled vehicle\nto a child under 16 years, the employee\ncommits an offence against section 19S;\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n31\n32\n33\n34\n\nPage 44\nAuthorised by the Parliamentary Counsel\n[s 25]\nTransport and Other Legislation (Managing E-mobility Use and Protecting Our\nCommunities) Amendment Bill 2026\nPart 5 Amendment of Summary Offences Act 2005\n(c) obtain written acknowledgement by the\nemployee that the employee received the\ninstructions and warning mentioned in\nparagraphs (a) and (b).\nMaximum penalty—40 penalty units.\n19S Sale by employees of controlled vehicle to\nchild under 16\n(1) This section applies to an employee if a\ncommercial seller who is an employer has\ncomplied with section 19R in relation to the\nemployee.\n(2) The employee must not, in the course of their\nemployment, sell a controlled vehicle to a child\nunder 16 years.\nMaximum penalty—\n(a) for a first offence—20 penalty units; or\n(b) for a second or later offence—40 penalty\nunits.\n(3) It is a defence to a charge of an offence against\nsubsection (2) for the employee to prove—\n(a) the employee, their employer or another\nemployee of their employer required the\nchild to produce acceptable evidence of age;\nand\n(b) the child produced acceptable evidence of\nage, or purported acceptable evidence of\nage, showing the child was not under 16\nyears; and\n(c) the employee, employer or other employee\nhad no reason to believe the evidence was\nfalse.\n(4) For this section, it does not matter if the\ncommercial seller who complied with section 19R\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n31\n32\n33\n\nPage 45\nAuthorised by the Parliamentary Counsel\n[s 25]\nTransport and Other Legislation (Managing E-mobility Use and Protecting Our\nCommunities) Amendment Bill 2026\nPart 5 Amendment of Summary Offences Act 2005\nin relation to the employee is their employer at the\ntime the employee sells the controlled vehicle to\nthe child under 16 years.\n19T Application of Anti-Discrimination Act 1991, s\n46\nFor the Anti-Discrimination Act 1991, section 46,\na person (the seller) is not to be taken to\ndiscriminate against another person only because\nthe seller refuses to sell a controlled vehicle to the\nother person because of section 19Q(1) or 19S(2).\n19U Commercial sellers must display prohibition\nsigns\n(1) A commercial seller must display a prohibition\nsign at the seller’s retail outlet, or in the seller’s\nonline shop, under this section.\nMaximum penalty—20 penalty units.\n(2) If any controlled vehicles are displayed at the\nretail outlet or in the online shop, a prohibition\nsign must be displayed—\n(a) at each point of display of the controlled\nvehicle, so the sign is clearly visible to a\nperson viewing the displayed vehicle; or\n(b) at each point of sale, so the sign is clearly\nvisible to a person purchasing a controlled\nvehicle.\n(3) If no controlled vehicles are displayed at the retail\noutlet or in the online shop, a prohibition sign\nmust be displayed at each point of sale at the\noutlet or in the online shop, so the sign is clearly\nvisible to a person purchasing a controlled\nvehicle.\n(4) Each prohibition sign must comply with the\nrequirements prescribed by regulation.\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n31\n32\n33\n\nPage 46\nAuthorised by the Parliamentary Counsel\n[s 26]\nTransport and Other Legislation (Managing E-mobility Use and Protecting Our\nCommunities) Amendment Bill 2026\nPart 5 Amendment of Summary Offences Act 2005\n(5) In this section—\nonline shop means a website or other online\napplication for a business that enables customers\nto purchase products or services from the\nbusiness.\npoint of display, of a controlled vehicle, means—\n(a) for a vehicle displayed at a retail outlet—the\nplace where the vehicle is displayed at the\noutlet; or\n(b) for a vehicle displayed in an online\nshop—the place where the vehicle is\ndisplayed on the online shop’s website or\nother online application.\npoint of sale means—\n(a) for a retail outlet—a counter or similar\nfixture where a controlled vehicle may be\nsold; or\n(b) for an online shop—the place where a\ncontrolled vehicle may be sold on the online\nshop’s website or other online application.\nprohibition sign means a sign about the sale of\ncontrolled vehicles to a child under 16 years.\nretail outlet means premises where controlled\nvehicles are available for sale to the public.\n26 Amendment of sch 2 (Dictionary)\n(1) Schedule 2, definitions commercial seller and vehicle—\nomit.\n(2) Schedule 2—\ninsert—\nburn out, for part 2, division 4A, see section\n19AA.\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\nClause 25\n26\n27\n28\n29\n30\n31\n\nPage 47\nAuthorised by the Parliamentary Counsel\n[s 26]\nTransport and Other Legislation (Managing E-mobility Use and Protecting Our\nCommunities) Amendment Bill 2026\nPart 5 Amendment of Summary Offences Act 2005\ncommercial seller—\n(a) for part 2, division 4B, see section 19E; or\n(b) for part 2, division 4C, see section 19O.\ncontrolled vehicle, for part 2, division 4C, see\nsection 19O.\ndrive, for part 2, division 4A, see section 19AA.\nelectrically power-assisted cycle see the\nTransport Operations (Road Use Management)\nAct 1995, schedule 4.\nexempt motorbike, for part 2, division 4C, see\nsection 19O.\nmotorbike, for part 2, division 4C, see section\n19O.\nmotor vehicle for part 2, division 4A, see section\n19AA.\npersonal mobility device see the Transport\nOperations (Road Use Management) Act 1995,\nschedule 4.\nregistered, for part 2, division 4C, see section\n19O.\nspeed trial, for part 2, division 4A, see section\n19AA.\nvehicle—\n(a) for part 2, division 4A, see section 19AA; or\n(b) otherwise, includes a motor vehicle, bicycle\nand boat.\n(3) Schedule 2, definition employee, paragraph (b)—\nomit, insert—\n(b) for part 2, division 4C, see section 19O; or\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29","sortOrder":3},{"sectionNumber":"retrieval-0005","sectionType":"document_chunk","heading":"Document excerpt 5","content":"Page 48\nAuthorised by the Parliamentary Counsel\n[s 27]\nTransport and Other Legislation (Managing E-mobility Use and Protecting Our\nCommunities) Amendment Bill 2026\nPart 6 Amendment of Transport Operations (Road Use Management) Act 1995\n(c) for sections 23A to 23E, means a person\nwho sells, or may sell, spray paint in the\ncourse of the person’s employment.\n(4) Schedule 2, definition sell, notes, note 2—\nomit, insert—\n2 For part 2, division 4C, sell has the meaning\naffected by section 19P.\n3 For sections 23A to 23D, sell has the meaning\naffected by section 23E.\nPart 6 Amendment of Transport\nOperations (Road Use\nManagement) Act 1995\n27 Act amended\nThis part amends the Transport Operations (Road Use\nManagement) Act 1995.\n28 Insertion of ch 1, pt 1, hdg\nBefore section 1—\ninsert—\nPart 1 Preliminary\n29 Renumbering and relocation of s 6 (Act binds everyone,\nincluding government entities)\nSection 6—\nrenumber and relocate as section 4A.\n30 Insertion of ch 1, pt 2, hdg\nBefore section 5—\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\nClause 13\n14\n15\nClause 16\n17\n18\n19\nClause 20\n21\n22\n23\nClause 24\n25\n\nPage 49\nAuthorised by the Parliamentary Counsel\n[s 31]\nTransport and Other Legislation (Managing E-mobility Use and Protecting Our\nCommunities) Amendment Bill 2026\nPart 6 Amendment of Transport Operations (Road Use Management) Act 1995\ninsert—\nPart 2 Interpretation\n31 Insertion of new s 6\nAfter section 5—\ninsert—\n6 What is a prohibited bike\n(1) Each of the following vehicles is a prohibited\nbike—\n(a) a noncompliant electrically power-assisted\ncycle;\n(b) a noncompliant personal mobility device;\n(c) a 2-wheeled or 3-wheeled vehicle that is\ncapable of being propelled by an electric\nmotor or internal-combustion engine and—\n(i) is not eligible to be registered; or\nExample for subparagraph (i)—\nan electric or petrol-powered motorbike that\ndoes not comply with the Australian Design\nRules under the Road Vehicle Standards Act\n2018 (Cwlth)\n(ii) is eligible to be registered but is not\nregistered.\nExample for subparagraph (ii)—\na motorbike that is not registered\n(2) However, none of the following vehicles is a\nprohibited bike—\n(a) a personal mobility device;\n(b) an electrically power-assisted cycle;\n(c) a low powered toy scooter;\n(d) a motorised mobility device.\n1\n2\nClause 3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n\nPage 50\nAuthorised by the Parliamentary Counsel\n[s 32]\nTransport and Other Legislation (Managing E-mobility Use and Protecting Our\nCommunities) Amendment Bill 2026\nPart 6 Amendment of Transport Operations (Road Use Management) Act 1995\n(3) For subsection (1) it is irrelevant whether the\nvehicle may also be propelled by use of pedals.\n(4) In this section—\nnoncompliant electrically power-assisted cycle\nmeans a vehicle that resembles an electrically\npower-assisted cycle but does not meet all\nelements of the definition of electrically\npower-assisted cycle under this Act.\nnoncompliant personal mobility device means a\nvehicle that resembles a personal mobility device\nbut does not meet all elements of the definition of\npersonal mobility device under this Act.\n32 Insertion of new s 34A\nAfter section 34—\ninsert—\n34A Power to require testing of particular vehicles\n(1) This section applies—\n(a) to any of the following vehicles—\n(i) a vehicle that is, or resembles, an\nelectrically power-assisted cycle or\npersonal mobility device;\n(ii) a vehicle that a person using the\nvehicle claims is an electrically\npower-assisted cycle or personal\nmobility device;\n(iii) a vehicle that an authorised officer\nreasonably suspects is a prohibited\nbike; and\n(b) if the vehicle—\n(i) is being ridden, or otherwise in the\npossession of a person while, on a road,\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\nClause 13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n31\n\nPage 51\nAuthorised by the Parliamentary Counsel\n[s 33]\nTransport and Other Legislation (Managing E-mobility Use and Protecting Our\nCommunities) Amendment Bill 2026\nPart 6 Amendment of Transport Operations (Road Use Management) Act 1995\non a road-related area or in a public\nplace; or\n(ii) has been seized by a police officer\nunder the Police Powers and\nResponsibilities Act 2000 chapter 4A,\npart 2.\n(2) An authorised officer may require the rider, or\nanother person in possession, of the vehicle to do\n1 or more of the following—\n(a) place, or allow the officer to place, the\nvehicle on an approved testing device;\n(b) transport the vehicle, or allow the officer to\ntransport the vehicle, to a place for the\npurpose of the vehicle being tested on using\nan approved testing device;\n(c) do anything reasonably necessary to enable\na test to be carried out using the approved\ntesting device in accordance with a\nprocedure approved by the commissioner.\nExample for paragraph (c)—\nenable electronic communication between the\nvehicle and an approved testing device through a\nphysical or wireless connection\n(3) A person must comply with a requirement made\nof the person under subsection (2), unless the\nperson has a reasonable excuse.\nMaximum penalty—60 penalty units.\n33 Insertion of new s 48AA\nAfter section 48—\ninsert—\n48AA Power to require information from shared\ne-mobility providers\n(1) This section applies if—\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\nClause 28\n29\n30\n31\n32\n33\n\nPage 52\nAuthorised by the Parliamentary Counsel\n[s 33]\nTransport and Other Legislation (Managing E-mobility Use and Protecting Our\nCommunities) Amendment Bill 2026\nPart 6 Amendment of Transport Operations (Road Use Management) Act 1995\n(a) an authorised officer finds an electrically\npower-assisted cycle or personal mobility\ndevice (a relevant device) at a place; and\n(b) the authorised officer reasonably suspects\nthe relevant device—\n(i) is parked at the place in a way that\ncontravenes this Act; and\n(ii) is provided by a shared e-mobility\nprovider in carrying on the provider’s\nbusiness as a shared e-mobility\nprovider.\n(2) The authorised officer may require the shared\ne-mobility provider to give any of the following\ninformation in relation to the relevant device—\n(a) the name given by the person who was the\nlast person to ride the relevant device (the\nlast known rider) before the device was\nfound by the authorised officer;\n(b) the last known rider’s contact details;\n(c) the day and time the ride of the last known\nrider started and ended;\n(d) the place where the relevant device was\nparked at the end of the ride as recorded by\nthe shared e-mobility provider;\n(e) any photograph of the relevant device at the\nplace mentioned in paragraph (d) provided\nby the last known rider;\n(f) for a photograph mentioned in paragraph (e)\nthat has metadata, the metadata relevant\nto—\n(i) the day and time the photograph was\ntaken; and\n(ii) the place, if recorded in the metadata,\nwhere the photograph was taken;\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n31\n32\n33\n34\n\nPage 53\nAuthorised by the Parliamentary Counsel\n[s 33]\nTransport and Other Legislation (Managing E-mobility Use and Protecting Our\nCommunities) Amendment Bill 2026\nPart 6 Amendment of Transport Operations (Road Use Management) Act 1995\n(g) any other information, including telemetry\ndata issued by the relevant device, showing\nwhere the device was—\n(i) parked at the end of the ride by the last\nknown rider; and\n(ii) found by the authorised officer;\n(h) details that identify the relevant device\nincluding, for example, the identification\nnumber or QR code of the relevant device.\n(3) When making a requirement under subsection (2),\nthe authorised officer must warn the shared\ne-mobility provider it is an offence to fail to\ncomply with the requirement unless the provider\nhas a reasonable excuse.\n(4) The shared e-mobility provider must comply with\na requirement under subsection (2), unless the\nprovider has a reasonable excuse.\nMaximum penalty—40 penalty units.\n(5) It is a reasonable excuse for the shared e-mobility\nprovider to fail to give information under\nsubsection (4) if giving the information might\ntend to incriminate the provider.\n(6) However, subsection (5) does not apply to an\nemployee of the shared e-mobility provider for an\nalleged offence committed by the employee.\n(7) In this section—\ninformation includes a document.\nshared e-mobility provider means a person who\ncarries on a business in which electrically\npower-assisted cycles or personal mobility\ndevices are available to the public for loan or hire\nby using a publicly accessible electronic booking\nsystem.\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n31\n32\n33\n\nPage 54\nAuthorised by the Parliamentary Counsel\n[s 34]\nTransport and Other Legislation (Managing E-mobility Use and Protecting Our\nCommunities) Amendment Bill 2026\nPart 6 Amendment of Transport Operations (Road Use Management) Act 1995\n34 Insertion of new ss 78B–78D\nAfter section 78A—\ninsert—\n78B Riding electrically power-assisted cycle or\npersonal mobility device without valid licence\nprohibited\n(1) A person must not ride an electrically\npower-assisted cycle or personal mobility device\non a road, on a road-related area or in a public\nplace unless the person—\n(a) is at least 16 years; and\n(b) holds either—\n(i) a valid Queensland driver licence; or\n(ii) a valid non-Queensland driver licence.\nMaximum penalty—30 penalty units.\n(2) In this section—\nvalid, in relation to a Queensland driver licence or\nnon-Queensland driver licence, means—\n(a) the licence has not expired; and\n(b) the licence has not been cancelled or\nsuspended; and\n(c) the person in whose name the licence is\nissued is not disqualified from holding or\nobtaining a driver licence in this or another\njurisdiction.\n78C Requirement for e-mobility providers to ensure\nuser is over 16 years and holds valid licence\n(1) An e-mobility provider must take reasonable\nsteps to ensure each user of the provider’s\nelectrically power-assisted cycles or personal\nmobility devices—\nClause 1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n31\n\nPage 55\nAuthorised by the Parliamentary Counsel\n[s 34]\nTransport and Other Legislation (Managing E-mobility Use and Protecting Our\nCommunities) Amendment Bill 2026\nPart 6 Amendment of Transport Operations (Road Use Management) Act 1995\n(a) is at least 16 years; and\n(b) holds either—\n(i) a valid Queensland driver licence; or\n(ii) a valid non-Queensland driver licence.\nMaximum penalty—\n(a) for a first offence—140 penalty units; or\n(b) for a second offence—280 penalty units; or\n(c) for a third or later offence—420 penalty\nunits.\n(2) It is a defence to a charge for an offence against\nsubsection (1) for the e-mobility provider to\nprove—\n(a) that a user has made a declaration that the\nuser is at least 16 years and holds a valid\nQueensland driver licence or\nnon-Queensland driver licence; and\n(b) it was reasonable in the circumstances for\nthe provider to rely on the declaration.\n(3) In this section—\ne-mobility provider means a person who carries\non a business in which electrically power-assisted\ncycles or personal mobility devices are available\nto the public for loan or hire.\nuser means an individual who borrows or hires an\nelectrically power-assisted cycle or personal\nmobility device from an e-mobility provider.\n78D Liability of parent—particular offences\ncommitted by child under 16\n(1) If a child under 16 years commits an offence\nagainst section 78B or 84B, a parent of the child\nis taken to have also committed an offence against\nsection 78B or 84B, as the case may be, and is\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n31\n32\n\nPage 56\nAuthorised by the Parliamentary Counsel\n[s 34]\nTransport and Other Legislation (Managing E-mobility Use and Protecting Our\nCommunities) Amendment Bill 2026\nPart 6 Amendment of Transport Operations (Road Use Management) Act 1995\nliable to the same penalty.\n(2) However, it is a defence for the parent to prove\nthat—\n(a) the parent did not know, and could not\nreasonably have been expected to know, of\nthe child’s conduct constituting the offence\nagainst section 78B or 84B; or\n(b) the parent took all reasonable steps to ensure\nthe child did not engage in the conduct\nconstituting the offence against section 78B\nor 84B.\n(3) In deciding whether things done or omitted to be\ndone by the parent constitute reasonable steps for\nsubsection (2)(b), a court must have regard to\nwhether the parent was in a position to influence\nthe child’s conduct in relation to the offence.\n(4) The parent may be proceeded against for, and\nconvicted of, an offence against section 78B or\n84B whether or not the child has been proceeded\nagainst for, or convicted of, the child’s offence\nagainst section 78B or 84B.\n(5) In a proceeding for an offence against a parent of\na child under 16 years for an offence against\nsection 78B or 84B, in relation to proof of\nwhether a person is the parent of the child, a belief\nof a police officer, on reasonable grounds, that a\nperson is the parent of the child is, unless the\ncontrary is proved, sufficient evidence of the fact\nthat the person is the child’s parent.\n(6) For subsection (5), a belief mentioned in that\nsubsection may be formed by the police officer\nafter reasonable enquiries are made of the child\nand parent when the police officer finds the child\nriding an electrically power-assisted cycle,\npersonal mobility device or prohibited bike on a\nroad, on a road-related area or in a public place or\nsoon after that time.\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n31\n32\n33\n34\n35\n36\n37\n\nPage 57\nAuthorised by the Parliamentary Counsel\n[s 34]\nTransport and Other Legislation (Managing E-mobility Use and Protecting Our\nCommunities) Amendment Bill 2026\nPart 6 Amendment of Transport Operations (Road Use Management) Act 1995\n(7) This section does not affect—\n(a) the liability of the child for an offence\nagainst section 78B or 84B; or\n(b) the liability, under the Criminal Code,\nchapter 2, of any person, whether or not the\nperson is a parent of the child, for the child’s\noffence against section 78B or 84B.\n(8) In this section—\napproved carer, of a child, means—\n(a) an approved foster carer under the Child\nProtection Act 1999, schedule 3 in whose\ncare the child is placed under section 82 of\nthat Act; or\n(b) an approved kinship carer of the child under\nthe Child Protection Act 1999, schedule 3;\nor\n(c) a provisionally approved carer of the child\nunder the Child Protection Act 1999,\nschedule 3.\nchief executive (child safety) means the chief\nexecutive of the department in which the Child\nProtection Act 1999 is administered.\nparent, of a child—\n(a) means an adult who is the child’s mother,\nfather or someone else, other than the chief\nexecutive (child safety), having or\nexercising parental responsibility for the\nchild; but\n(b) does not include—\n(i) a person standing in the place of a\nparent of the child on a temporary\nbasis; or\n(ii) an approved carer of the child.\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n31\n32\n33\n\nPage 58\nAuthorised by the Parliamentary Counsel\n[s 35]\nTransport and Other Legislation (Managing E-mobility Use and Protecting Our\nCommunities) Amendment Bill 2026\nPart 6 Amendment of Transport Operations (Road Use Management) Act 1995\n35 Amendment of s 79 (Vehicle offences involving liquor or\nother drugs)\n(1) Section 79, after subsection (2)—\ninsert—\n(2AAA) Offence of riding bicycle or personal mobility\ndevice while over middle alcohol limit but not\nover high alcohol limit\nA person who is 16 years or older and who rides a\nbicycle or personal mobility device on a road, on\na road-related area or in a public place while the\nperson is over the middle alcohol limit but is not\nover the high alcohol limit is guilty of an offence.\nMaximum penalty—28 penalty units.\n(2AAB) Offence of riding bicycle or personal mobility\ndevice while over general alcohol limit but not\nover middle alcohol limit\nA person who is 16 years or older and who rides a\nbicycle or personal mobility device on a road, on\na road-related area or in a public place while the\nperson is over the general alcohol limit but is not\nover the middle alcohol limit is guilty of an\noffence.\nMaximum penalty—20 penalty units.\n(2) Section 79(7), after ‘motor vehicle’—\ninsert—\n, bicycle or personal mobility device\n(3) Section 79—\ninsert—\n(7A) Offence of riding etc. bicycle or personal\nmobility device while under the influence on\nroad, on a road-related area or in public place\nA person who, while under the influence of liquor\nor a drug, rides or is in charge of a bicycle or\nClause 1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n31\n32\n33","sortOrder":4},{"sectionNumber":"retrieval-0006","sectionType":"document_chunk","heading":"Document excerpt 6","content":"Page 59\nAuthorised by the Parliamentary Counsel\n[s 36]\nTransport and Other Legislation (Managing E-mobility Use and Protecting Our\nCommunities) Amendment Bill 2026\nPart 6 Amendment of Transport Operations (Road Use Management) Act 1995\npersonal mobility device on a road, on a\nroad-related area or in a public place, or attempts\nto put in motion a bicycle or personal mobility\ndevice on a road, on a road-related area or in a\npublic place, is guilty of an offence.\nMaximum penalty—40 penalty units or 9 months\nimprisonment.\n(7B) Presumption that defendant of offences\ninvolving bicycles or personal mobility devices\nis under the influence of liquor if over high\nalcohol limit\nIf, on the hearing of a complaint of an offence\nunder subsection (7A), the court is satisfied that at\nthe material time the defendant was over the high\nalcohol limit, the defendant is conclusively\npresumed to have been at that time under the\ninfluence of liquor.\n(4) Section 79(8), ‘or (7)’—\nomit, insert—\n, (7) or (7A)\n36 Amendment of s 80 (Breath and saliva tests, and analysis\nand laboratory tests)\n(1) Section 80(2), heading, after ‘saliva’—\ninsert—\nin relation to circumstances involving motor\nvehicles, trams, trains or vessels\n(2) Section 80, after subsection (2)—\ninsert—\n(2AA) Request for specimen of breath in relation to\ncircumstances involving bicycles or personal\nmobility devices\nA police officer may require a person who is 16\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\nClause 21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n31\n32\n\nPage 60\nAuthorised by the Parliamentary Counsel\n[s 36]\nTransport and Other Legislation (Managing E-mobility Use and Protecting Our\nCommunities) Amendment Bill 2026\nPart 6 Amendment of Transport Operations (Road Use Management) Act 1995\nyears or older and who is found by the officer or\nwho the officer reasonably suspects was during\nthe last preceding 3 hours—\n(a) riding or attempting to ride a bicycle or\npersonal mobility device on a road, on a\nroad-related area or in a public place; or\n(b) in charge of a bicycle or personal mobility\ndevice on a road, on a road-related area or in\na public place;\nto provide a specimen of breath for a breath test by\nthe person.\n(3) Section 80(2A), heading, after ‘incident’—\ninsert—\ninvolving motor vehicles, trams, trains or\nvessels\n(4) Section 80, after subsection (2A)—\ninsert—\n(2AAA) Request for specimen of breath after incident\ninvolving bicycles or personal mobility devices\nIf a bicycle or personal mobility device is\ninvolved in an incident resulting in injury to or\ndeath of any person or damage to property a\npolice officer may require any person who is 16\nyears or older and who the officer reasonably\nsuspects—\n(a) was riding or attempting to ride the bicycle\nor personal mobility device on a road, on a\nroad-related area or in a public place; or\n(b) was in charge of a bicycle or personal\nmobility device on a road, on a road-related\narea or in a public place;\nat the time of the incident to provide a specimen\nof breath for a breath test by the person.\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n31\n32\n33\n\nPage 61\nAuthorised by the Parliamentary Counsel\n[s 36]\nTransport and Other Legislation (Managing E-mobility Use and Protecting Our\nCommunities) Amendment Bill 2026\nPart 6 Amendment of Transport Operations (Road Use Management) Act 1995\n(5) Section 80(2B)(a), (3), (4), (5), (5A), (6)(b), (8C), (10)(a) and\n(10E), ‘or (2A)’—\nomit, insert—\n, (2AA), (2A) or (2AAA)\n(6) Section 80(2C)—\nomit, insert—\n(2C) More than 1 specimen may be required\nA police officer may require a person to\nprovide—\n(a) under subsection (2) or (2A), as many\nspecimens of breath or saliva, or both, as the\npolice officer considers reasonably\nnecessary to carry out the breath test, the\nsaliva test or both; or\n(b) under subsection (2AA) or (2AAA), as\nmany specimens of breath as the police\nofficer considers reasonably necessary to\ncarry out the breath test.\n(7) Section 80(11), ‘or vessel’—\nomit, insert—\n, vessel, bicycle or personal mobility device\n(8) Section 80(11)(d)—\nomit, insert—\n(d) the person is guilty of an offence that is\ntaken to be an offence against—\n(i) for an offence involving a motor\nvehicle, tram, train or vessel—the\nappropriate provision of section 79(1);\nor\n(ii) for an offence involving a bicycle or\npersonal mobility device—section\n79(7A);\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n31\n32\n\nPage 62\nAuthorised by the Parliamentary Counsel\n[s 36]\nTransport and Other Legislation (Managing E-mobility Use and Protecting Our\nCommunities) Amendment Bill 2026\nPart 6 Amendment of Transport Operations (Road Use Management) Act 1995\n(9) Section 80(11)(e), ‘the person is’—\nomit, insert—\nfor an offence involving a motor vehicle, tram,\ntrain or vessel—the person is\n(10) Section 80(16L), ‘or (2AA)’—\nomit, insert—\n, (2AA) or (7A)\n(11) Section 80(21), definition relevant provision, paragraph (a),\nafter ‘(c)’—\ninsert—\nwho may be required to provide a specimen of the\nperson’s breath, saliva or blood for analysis or a\ntest in relation to circumstances involving a motor\nvehicle, tram, train or vessel\n(12) Section 80(22A), from ‘the specimen’ to ‘is suspended’—\nomit, insert—\nthe specimen mentioned in subsection (22) from a\nperson (an affected person), or who arrested a\nperson (also an affected person) as mentioned in\nsubsection (22)(ba) but did not request a specimen\nfrom the person, must sign and deliver to the\naffected person (or to another person on behalf of\nthe affected person at the request of that other\nperson) a statement in writing that the driver\nlicence of the affected person is suspended\n(13) Section 80, after subsection (22A)—\ninsert—\n(22AB) Definition for subsection (22AC)\nIn subsection (22AC)—\nrelevant provision means—\n(a) subsection (8) to the extent it applies to a\nperson mentioned in subsection (8)(a), (b)\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n31\n32\n\nPage 63\nAuthorised by the Parliamentary Counsel\n[s 36]\nTransport and Other Legislation (Managing E-mobility Use and Protecting Our\nCommunities) Amendment Bill 2026\nPart 6 Amendment of Transport Operations (Road Use Management) Act 1995\nor (c) who may be required to provide a\nspecimen of the person’s breath, saliva or\nblood for analysis or a test in relation to\ncircumstances involving a bicycle or\npersonal mobility device; or\n(b) subsection (8C) to the extent it applies to a\nperson who may be required to provide a\nspecimen of breath for a breath test under\nsubsection (2AA) or (2AAA).\n(22AC) Application of subsection (22AD)\nSubsection (22AD) applies if—\n(a) the analysis by means of a breath analysing\ninstrument of a specimen of breath of a\nperson required by a police officer to be\nprovided under a relevant provision\nindicates that the person is over the general\nalcohol limit; or\n(b) the analysis by means of a saliva analysing\ninstrument of a specimen of saliva of a\nperson required by a police officer to be\nprovided under a relevant provision\nindicates that a relevant drug is present in\nthe person’s saliva; or\n(c) a person required to provide a specimen of\nbreath, or a specimen of saliva for saliva\nanalysis, as mentioned in paragraph (a) or\n(b) fails to provide the specimen as\nprescribed under subsections (8) to (8L); or\n(d) a person has been arrested for an offence\nunder section 79(7A) but has not been\nrequired by a police officer to provide a\nspecimen of breath for analysis or a\nspecimen of blood for a laboratory test\nunder subsection (8) or (8C) for any of the\nfollowing reasons—\n(i) the person is violent;\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n31\n32\n33\n34\n35\n36\n\nPage 64\nAuthorised by the Parliamentary Counsel\n[s 36]\nTransport and Other Legislation (Managing E-mobility Use and Protecting Our\nCommunities) Amendment Bill 2026\nPart 6 Amendment of Transport Operations (Road Use Management) Act 1995\n(ii) because of the external signs exhibited\nby the person, the police officer\nreasonably believes the person is so\naffected by alcohol or a drug as to be\nunable to provide the specimen;\n(iii) because of the remoteness of the\narea—\n(A) a breath analysing instrument is\nnot available to analyse a\nspecimen of the person’s breath;\nor\n(B) a doctor or nurse is not available\nto take a specimen of blood from\nthe person for a laboratory test or\nto direct a qualified assistant to\ntake the specimen; or\n(e) a person who is required by a police officer\nunder a relevant provision to provide a\nspecimen of the person’s blood for a\nlaboratory test permits a specimen of the\nperson’s blood to be taken for that purpose\nand the police officer then requires the\nperson to provide a specimen of breath for a\nbreath test, or saliva for a saliva test, by the\nofficer, and—\n(i) it appears to the police officer as a\nresult of the breath test carried out by\nthe officer that the device by means of\nwhich the test is carried out indicates\nthat the person is over the general\nalcohol limit; or\n(ii) it appears to the police officer in\nconsequence of the saliva test carried\nout by the officer that the device by\nmeans of which the test is carried out\nindicates a relevant drug is present in\nthe person’s saliva; or\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n31\n32\n33\n34\n35\n36\n37\n\nPage 65\nAuthorised by the Parliamentary Counsel\n[s 36]\nTransport and Other Legislation (Managing E-mobility Use and Protecting Our\nCommunities) Amendment Bill 2026\nPart 6 Amendment of Transport Operations (Road Use Management) Act 1995\n(iii) the person fails to provide a specimen\nof breath or saliva; or\n(f) a person who is required by a police officer\nunder a relevant provision, or under\nsubsection (9) in relation to a relevant\nprovision, to provide a specimen of the\nperson’s blood for a laboratory test fails to\nprovide the specimen; or\n(g) a specimen of a person’s blood is taken\nunder a relevant provision, or under another\nprovision of this section in relation to a\nrelevant provision, for a laboratory test and a\ndoctor or nurse certifies in writing to the\npolice officer who made the requisition for\nthe provision or taking of the specimen of\nblood that, in respect of the person\nconcerned, the case is a proper one for the\nperson to be prohibited from riding a bicycle\nor personal mobility device for a period of 8\nhours.\n(22AD) Prohibition from riding bicycle or personal\nmobility device\nThe person is prohibited from riding a bicycle or\npersonal mobility device for a period of 8 hours\nfrom when—\n(a) the analysis mentioned in\nsubsection (22AC)(a) or (b) was made; or\n(b) the requirement mentioned in\nsubsection (22AC)(c) or (f) was made; or\n(c) the arrest mentioned in\nsubsection (22AC)(d) was made; or\n(d) the requirement to provide a specimen of\nbreath or saliva mentioned in\nsubsection (22AC)(e) was made; or\n(e) a certificate in writing mentioned in\nsubsection (22AC)(g) was given.\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n31\n32\n33\n34\n35\n36\n\nPage 66\nAuthorised by the Parliamentary Counsel\n[s 36]\nTransport and Other Legislation (Managing E-mobility Use and Protecting Our\nCommunities) Amendment Bill 2026\nPart 6 Amendment of Transport Operations (Road Use Management) Act 1995\n(22AE) Police officer to give notice of prohibition\nThe police officer who required a specimen\nmentioned in subsection (22AC) from a person\n(an affected person), or who arrested a person\n(also an affected person) as mentioned in\nsubsection (22AC)(d) but did not request a\nspecimen from the person, must sign and deliver\nto the affected person (or to another person on\nbehalf of the affected person at the request of that\nother person) a notice in writing that the affected\nperson is prohibited as prescribed by subsection\n(22AD) for the period of 8 hours starting at the\ntime stated in the notice.\n(14) Section 80(22B), after ‘(22)’—\ninsert—\nor (22AC)\n(15) Section 80(22C), after ‘(22AA)’—\ninsert—\nor the prohibition from riding a bicycle or\npersonal mobility device under subsection\n(22AD)\n(16) Section 80—\ninsert—\n(22DA) Offence of riding bicycle or personal mobility\ndevice while prohibited under subsection\n(22AD)\nA person who rides a bicycle or personal mobility\ndevice on a road, on a road-related area or in a\npublic place while prohibited under subsection\n(22AD) is guilty of an offence.\nMaximum penalty—14 penalty units.\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n31\n\nPage 67\nAuthorised by the Parliamentary Counsel\n[s 37]\nTransport and Other Legislation (Managing E-mobility Use and Protecting Our\nCommunities) Amendment Bill 2026\nPart 6 Amendment of Transport Operations (Road Use Management) Act 1995\n37 Amendment of s 84AA (Driving particular vehicles\nwithout due care and attention on road-related areas)\n(1) Section 84AA, heading, ‘Driving’—\nomit, insert—\nRiding\n(2) Section 84AA, ‘drives’—\nomit, insert—\nrides\n38 Insertion of new ss 84B and 84C\nAfter section 84A—\ninsert—\n84B Riding prohibited bikes in public\n(1) A person must not ride a prohibited bike on a\nroad, on a road-related area or in a public place.\nMaximum penalty—40 penalty units.\n(2) It is a defence to a charge under subsection (1) for\nthe person to prove the prohibited bike is—\n(a) being ridden in a public place to participate\nin an organised competition or show\nhappening at the place with the consent of\nthe owner or occupier of the place; or\nExamples of organised competition or show—\n• a freestyle motocross competition\n• a racing event\n• an agricultural show\n• a circus\n(b) a vehicle to which the Transport Operations\n(Road Use Management—Vehicle\nRegistration) Regulation 2021, section 10(2)\napplies.\nClause 1\n2\n3\n4\n5\n6\n7\n8\nClause 9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n\nPage 68\nAuthorised by the Parliamentary Counsel\n[s 38]\nTransport and Other Legislation (Managing E-mobility Use and Protecting Our\nCommunities) Amendment Bill 2026\nPart 6 Amendment of Transport Operations (Road Use Management) Act 1995\n(3) If, because a person rides a prohibited bike on a\nroad, the person commits an offence against a\nprovision of a regulation made under this Act—\n(a) the person may be charged with an offence\nagainst either subsection (1) or the provision\nof the regulation; and\n(b) the person must not be—\n(i) charged with both offences; or\n(ii) given an infringement notice under the\nState Penalties Enforcement Act 1999\nfor both offences.\n(4) In this section—\norganised competition or show does not include\na spontaneous race or gathering of vehicles.\n84C False or misleading labelling related to\nelectrically power-assisted cycles\n(1) A person must not attach, or cause to be attached,\nto a vehicle a label that purports to be a\ncompliance label, unless the vehicle is an\nelectrically power-assisted cycle.\nMaximum penalty—30 penalty units.\n(2) A person must not ride a vehicle on a road, on a\nroad-related area or in a public place if the\nvehicle—\n(a) has a compliance label attached to it; and\n(b) does not comply with the EPAC standard.\nMaximum penalty—30 penalty units.\n(3) It is a defence to a charge under subsection (2) for\nthe person to prove the person purchased the\nvehicle from a retailer in the ordinary course of\nbusiness and the label was already attached to the\nvehicle at the time of the purchase.\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n31\n32\n\nPage 69\nAuthorised by the Parliamentary Counsel\n[s 39]\nTransport and Other Legislation (Managing E-mobility Use and Protecting Our\nCommunities) Amendment Bill 2026\nPart 6 Amendment of Transport Operations (Road Use Management) Act 1995\n(4) In this section—\ncompliance label, in relation to a vehicle, means\na permanent label or marking, added by the\nmanufacturer, indicating the vehicle complies\nwith the EPAC standard.\nmanufacturer, of a vehicle, includes anyone who\nassembles or prepares the vehicle before its sale\nby a retailer.\nretailer means a business that purports to sell\nelectrically power-assisted cycles, regardless of\nwhat other items the business also sells.\n39 Amendment of ch 5, pt 7, hdg\nChapter 5, part 7, after ‘devices’—\ninsert—\nand testing\n40 Insertion of new ch 5, pt 7, div 3\nAfter section 121—\ninsert—\nDivision 3 Approved testing devices\n121A Approved testing devices for particular\nvehicles\n(1) The chief executive or commissioner may, by\nsigned certificate, approve a device or system (an\napproved testing device) for—\n(a) testing a vehicle to assess whether it is an\nelectrically power-assisted cycle, personal\nmobility device or prohibited bike; or\n(b) testing a vehicle to assess whether it\ncomplies with the EPAC standard.\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\nClause 12\n13\n14\n15\nClause 16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29","sortOrder":5},{"sectionNumber":"retrieval-0007","sectionType":"document_chunk","heading":"Document excerpt 7","content":"Page 70\nAuthorised by the Parliamentary Counsel\n[s 41]\nTransport and Other Legislation (Managing E-mobility Use and Protecting Our\nCommunities) Amendment Bill 2026\nPart 6 Amendment of Transport Operations (Road Use Management) Act 1995\n(2) The chief executive or commissioner may, by\nsigned certificate, approve the following things—\n(a) the standards or procedures for testing or\ncalibrating approved testing devices;\n(b) procedures for carrying out a test using an\napproved testing device, including at a\nroadside location;\n(c) training or qualification requirements for\npersons who may operate an approved\ntesting device.\n(3) The chief executive must—\n(a) publish on a Queensland Government\nwebsite a list of current approved testing\ndevices; and\n(b) keep records of approvals and calibration\nchecks for approved testing devices for the\nperiod prescribed by regulation.\n(4) The commissioner must give the chief executive\nthe information necessary for publishing lists and\nkeeping records under subsection (3), to the\nextent the commissioner has control of that\ninformation.\n(5) In this section—\nQueensland government website means a\nwebsite with a URL that contains ‘qld.gov.au’,\nother than the website of a local government.\n41 Insertion of new s 123KA\nAfter section 123K—\ninsert—\n123KA Certificate is evidence of another\nmatter—approved testing device\n(1) Subsection (2) applies to a certificate purporting\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\nClause 27\n28\n29\n30\n31\n32\n\nPage 71\nAuthorised by the Parliamentary Counsel\n[s 42]\nTransport and Other Legislation (Managing E-mobility Use and Protecting Our\nCommunities) Amendment Bill 2026\nPart 6 Amendment of Transport Operations (Road Use Management) Act 1995\nto be signed by the chief executive or\ncommissioner stating any of the following—\n(a) that a stated device or system is an approved\ntesting device;\n(b) the results of a stated test carried out using\nan approved testing device on a stated\ndevice or vehicle at a stated time and place;\n(c) that a stated vehicle does not comply with\nthe EPAC standard for stated reasons.\n(2) For a proceeding for an offence against a transport\nAct, the certificate is evidence of the matters\nstated in it.\n(3) Subsection (4) applies to a certificate purporting\nto be signed by the chief executive or\ncommissioner stating—\n(a) that, on a stated day or during a stated\nperiod, a stated approved testing device was\ntested or calibrated in accordance with a\nstated standard or procedure approved by\nthe chief executive or commissioner; or\n(b) that a stated approved testing device was\noperated in accordance with the\nmanufacturer’s instructions or a procedure\napproved by the chief executive or\ncommissioner.\n(4) For a proceeding for an offence against a transport\nAct, the certificate is evidence—\n(a) of the matters stated in it; and\n(b) that the stated approved testing device was\nproducing accurate results when tested and\nfor 1 year after the day of testing.\n42 Amendment of s 123R (Challenges to devices)\nSection 123R(1)(a) and (b)—\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n31\nClause 32\n33\n\nPage 72\nAuthorised by the Parliamentary Counsel\n[s 43]\nTransport and Other Legislation (Managing E-mobility Use and Protecting Our\nCommunities) Amendment Bill 2026\nPart 6 Amendment of Transport Operations (Road Use Management) Act 1995\nomit, insert—\n(a) the accuracy of a speed detection device for\nwhich a certificate is given under section\n123J; or\n(b) the accuracy of a vehicle speedometer\naccuracy indicator for which a certificate is\ngiven under section 123K; or\n(c) the results of an approved testing device for\nwhich a certificate is given under section\n123KA; or\n(d) the time at which, or way in which, a device\nmentioned in paragraph (a) to (c) was used.\n43 Amendment of s 123SA (Evidence of particular matters\nrelating to vehicles)\nSection 123SA(1)—\ninsert—\n(g) evidence that a motorbike does not have a\nnumber plate attached to it is evidence that\nthe motorbike is not registered;\n(h) evidence that a prohibited bike does not\nhave a VIN engraved or permanently\naffixed to the bike is evidence that the bike\nis not eligible for registration;\n(i) evidence that an electrically power-assisted\ncycle has been modified is evidence that the\ncycle is not compliant with the EPAC\nstandard.\n44 Amendment of s 124 (Facilitation of proof)\n(1) Section 124(1)(i)(iii)—\nomit, insert—\n(iii) any place or thing is or was—\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\nClause 13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\nClause 28\n29\n30\n31\n\nPage 73\nAuthorised by the Parliamentary Counsel\n[s 44]\nTransport and Other Legislation (Managing E-mobility Use and Protecting Our\nCommunities) Amendment Bill 2026\nPart 6 Amendment of Transport Operations (Road Use Management) Act 1995\n(A) a public place or part of a public place;\nor\n(B) a road or part of a road; or\n(C) a road-related area or part of a\nroad-related area; or\n(D) an off-street regulated parking area or\npart of an off-street regulated parking\narea; or\n(2) Section 124—\ninsert—\n(3) Without limiting subsection (1)(i)(ii), in a\nproceeding under or for the purpose of this Act, a\ncertificate purporting to be signed by the\ncommissioner stating that a vehicle has been\ndisposed of under the Police Powers and\nResponsibilities Act 2000, section 123K is,\nsubject to subsection (4), conclusive evidence\nthat, at the relevant time, the vehicle was a\nprohibited bike.\n(4) In a proceeding in which a certificate under\nsubsection (3) is produced, the court may admit\nevidence that a vehicle the subject of the\ncertificate was not at the relevant time a\nprohibited bike, or that the vehicle was not\nunlawfully ridden on a road, on a road-related\narea or in a public place, only if the evidence\ncould not reasonably have been provided during\nthe administrative process available before the\ndisposal of the vehicle.\n(5) In this section—\nadministrative process available before disposal\nmeans the release application process and internal\nreview process available under chapter 4A, part 3\nof the Police Powers and Responsibilities Act\n2000.\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n31\n32\n33\n34\n35\n\nPage 74\nAuthorised by the Parliamentary Counsel\n[s 45]\nTransport and Other Legislation (Managing E-mobility Use and Protecting Our\nCommunities) Amendment Bill 2026\nPart 6 Amendment of Transport Operations (Road Use Management) Act 1995\nrelevant time, in relation to a vehicle, means the\ntime at or during which the vehicle is suspected of\nhaving been unlawfully ridden on a road, on a\nroad-related area or in a public place.\n45 Insertion of new part 27\nAfter section 244—\ninsert—\nPart 27 Transitional provisions\nfor Transport and Other\nLegislation (Managing\nE-mobility Use and\nProtecting Our\nCommunities)\nAmendment Act 2026\n245 Transition period for formerly compliant\npower-assisted bicycles and personal mobility\ndevices\n(1) For 6 months from the commencement of this\nsection, the definition of electrically\npower-assisted cycle under this Act includes a\nvehicle that was a power-assisted bicycle under\nthis Act as in force immediately before the\ncommencement.\n(2) For 6 months from the commencement of this\nsection, the definition of personal mobility device\nunder this Act includes a vehicle that was a\npersonal mobility device under this Act as in force\nimmediately before the commencement.\n246 Evidentiary provisions\n(1) Former section 124(1)(i)(iii) continues to apply in\n1\n2\n3\n4\nClause 5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n\nPage 75\nAuthorised by the Parliamentary Counsel\n[s 46]\nTransport and Other Legislation (Managing E-mobility Use and Protecting Our\nCommunities) Amendment Bill 2026\nPart 6 Amendment of Transport Operations (Road Use Management) Act 1995\nrelation to an allegation or averment in a\ncomplaint in a proceeding under or for the\npurpose of this Act started, but not decided,\nimmediately before the commencement as if the\namendment Act, section 44(1) had not\ncommenced.\n(2) A certificate given under former schedule 1, item\n2 as in force immediately before the\ncommencement may continue to be used after the\ncommencement in relation to a proceeding\nstarted, but not decided, immediately before the\ncommencement.\n(3) New section 124 and schedule 1, item 2 apply in\nrelation to a proceeding for an offence only if the\noffence is committed after the commencement.\n(4) In this section—\namendment Act means the Transport and Other\nLegislation (Managing E-mobility Use and\nProtecting Our Communities) Amendment Act\n2026.\nformer, in relation to a provision of this Act,\nmeans the provision as in force from time to time\nbefore the commencement of this section.\nnew, in relation to a provision of this Act, means\nthe provision as in force from the commencement\nof this section.\n46 Amendment of sch 1 (Evidence by certificate)\nSchedule 1, item 2, column 1, paragraph (c)—\nomit, insert—\n(c) a public place; or\n(d) part of a place or thing mentioned in\nparagraph (a), (b) or (c)\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\nClause 27\n28\n29\n30\n31\n32\n\nPage 76\nAuthorised by the Parliamentary Counsel\n[s 47]\nTransport and Other Legislation (Managing E-mobility Use and Protecting Our\nCommunities) Amendment Bill 2026\nPart 6 Amendment of Transport Operations (Road Use Management) Act 1995\n47 Amendment of sch 4 (Dictionary)\n(1) Schedule 4, definition power-assisted bicycle—\nomit.\n(2) Schedule 4—\ninsert—\napproved testing device see section 121A(1).\nelectrically power-assisted cycle means a vehicle\nthat—\n(a) has 2 or more wheels; and\n(b) is built to be propelled by human power\nthrough a belt, chain or gears; and\n(c) has 1 or more auxiliary electric motors; and\n(d) unless a special circumstances permit\napplies in relation to the vehicle—\n(i) complies with the EPAC standard; and\n(ii) has attached to it, in a permanent way,\na label that indicates compliance with\nthe EPAC standard.\nEPAC standard means the standard associated\nwith electrically power-assisted cycles prescribed\nby regulation.\nprohibited bike see section 6.\nride, in relation to a vehicle, does not include—\n(a) being carried on the vehicle as a passenger;\nor\n(b) walking while pushing or pulling the\nvehicle.\nspecial circumstances permit means a special\ncircumstances permit issued under the Transport\nOperations (Road Use\nManagement—Accreditation and Other\nProvisions) Regulation 2015, section 128.\nClause 1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n31\n32\n\nPage 77\nAuthorised by the Parliamentary Counsel\n[s 48]\nTransport and Other Legislation (Managing E-mobility Use and Protecting Our\nCommunities) Amendment Bill 2026\nPart 7 Amendment of Transport Operations (Road Use Management—Accreditation and\n(3) Schedule 4, definition bicycle, ‘a power-assisted bicycle’—\nomit, insert—\nan electrically power-assisted cycle\n(4) Schedule 4, definition motor vehicle, paragraph (b), ‘a\npower-assisted bicycle.’—\nomit, insert—\nan electrically power-assisted cycle.\nPart 7 Amendment of Transport\nOperations (Road Use\nManagement—Accreditation\nand Other Provisions)\nRegulation 2015\n48 Regulation amended\nThis part amends the Transport Operations (Road Use\nManagement—Accreditation and Other Provisions)\nRegulation 2015.\n49 Amendment of s 128 (Application for, and issue of,\npermit)\n(1) Section 128, heading, before ‘permit’—\ninsert—\nspecial circumstances\n(2) Section 128(2)—\nomit, insert—\n(2) Without limiting subsection (1), an application\nmay relate to—\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\nClause 13\n14\n15\n16\nClause 17\n18\n19\n20\n21\n22\n23\n24\n25\n\nPage 78\nAuthorised by the Parliamentary Counsel\n[s 50]\nTransport and Other Legislation (Managing E-mobility Use and Protecting Our\nCommunities) Amendment Bill 2026\nPart 7 Amendment of Transport Operations (Road Use Management—Accreditation and\n(a) use of a motor vehicle in a way that would\notherwise contravene section 85A(1) of the\nAct; or\n(b) use of a vehicle (a special EPAC) that would\notherwise be an electrically power-assisted\ncycle if not for a lack of compliance with the\nEPAC standard or a label indicating\ncompliance with the standard.\n(3) Section 128(4)(a)—\nomit, insert—\n(a) include a description of—\n(i) the particular way in which the\nauthorised persons for the permit are to\nbe permitted to use roads; or\n(ii) if the permit relates to a special\nEPAC—the special EPAC; and\n(4) Section 128(6), example—\ninsert—\n• ensuring the vehicle complies with a standard or\nstated specifications\n50 Amendment of s 129 (Authority of special circumstances\npermit)\n(1) Section 129—\ninsert—\n(3A) To the extent the special circumstances permit\napplies in relation to a special EPAC, the permit\nonly applies while the special EPAC complies\nwith the conditions of the permit.\n(2) Section 129(4)—\ninsert—\nspecial EPAC see section 128(2)(b).\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\nClause 21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n31\n\nPage 79\nAuthorised by the Parliamentary Counsel\n[s 51]\nTransport and Other Legislation (Managing E-mobility Use and Protecting Our\nCommunities) Amendment Bill 2026\nPart 8 Amendment of Transport Operations (Road Use Management—Road Rules)\nPart 8 Amendment of Transport\nOperations (Road Use\nManagement—Road Rules)\nRegulation 2009\n51 Regulation amended\nThis part amends the Transport Operations (Road Use\nManagement—Road Rules) Regulation 2009.\n52 Replacement of s 15A (Personal mobility devices—Act,\nsch 4)\nSection 15A—\nomit, insert—\n15A Personal mobility devices—Act, sch 4,\ndefinition personal mobility device\n(1) For schedule 4 of the Act, definition personal\nmobility device, paragraph (b), a vehicle is a\npersonal mobility device if the vehicle—\n(a) has 1 or more wheels; and\n(b) is propelled by an electric motor; and\n(c) does not exceed any of the following\ndimensions—\n(i) a width of 750mm;\n(ii) a height of 1350mm;\n(iii) if the vehicle has 2 or more axles—a\nwheelbase of 1100mm; and\n(d) weighs 60kg or less when not carrying a\nperson or other load; and\n(e) when propelled only by the electric motor,\ncan not exceed a speed of 25km/h.\n(2) However, each of the following is not a personal\n1\n2\n3\n4\nClause 5\n6\n7\nClause 8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n\nPage 80\nAuthorised by the Parliamentary Counsel\n[s 53]\nTransport and Other Legislation (Managing E-mobility Use and Protecting Our\nCommunities) Amendment Bill 2026\nPart 8 Amendment of Transport Operations (Road Use Management—Road Rules)\nmobility device—\n(a) a low powered toy scooter;\n(b) a motorised mobility device;\n(c) a vehicle with pedals;\n(d) a vehicle that is registered and, in\nconnection with that registration, has a\nnumber plate attached.\n53 Amendment of s 21 (Speed limit where a speed limit sign\napplies)\nSection 21—\ninsert—\n(3) This section applies to a driver for a length of road\nthat is a bicycle path, footpath, separated footpath\nor shared path subject to section 24B.\n54 Replacement of s 24B (Speed limit for personal mobility\ndevices)\nSection 24B—\nomit, insert—\n24B Speed limit on particular signed or marked\npaths\n(1) This section applies in relation to a length of\nbicycle path, footpath, separated footpath or\nshared path to which a path speed limit sign or\nspeed limit path marking applies.\n(2) The speed limit applying to a driver for the length\nof the path is the number of kilometres per hour\nindicated by the number on the path speed limit\nsign or speed limit path marking.\n(3) The path speed limit sign or speed limit path\nmarking applies to the length of the path\nbeginning at the sign or marking and ending at the\n1\n2\n3\n4\n5\n6\n7\nClause 8\n9\n10\n11\n12\n13\n14\nClause 15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n31\n\nPage 81\nAuthorised by the Parliamentary Counsel\n[s 54]\nTransport and Other Legislation (Managing E-mobility Use and Protecting Our\nCommunities) Amendment Bill 2026\nPart 8 Amendment of Transport Operations (Road Use Management—Road Rules)\nnearest of the following—\n(a) a path speed limit sign or speed limit path\nmarking on the path with a different number\non the sign or marking;\n(b) an end path speed limit sign or end speed\nlimit path marking on the path;\n(c) the place where the path meets, or is\nintersected by, a road or another path.\n(4) This section applies despite a higher speed limit\nthat would otherwise apply to a driver for a length\nof bicycle path, footpath, separated footpath or\nshared path under another section of this part.\n(5) This section applies to a rider of a personal\nmobility device subject to section 24C.\n(6) In this section—\nend path speed limit sign means a path speed\nlimit sign that includes the word ‘end’.\nend speed limit path marking means a speed limit\npath marking that includes the word ‘end’.\npath speed limit sign means a speed limit sign\nthat—\n(a) applies to a bicycle path, footpath, separated\nfootpath or shared path; but\n(b) does not apply to a road.\nroad does not include a road-related area.\nspeed limit path marking means a road marking\non the surface of a bicycle path, footpath,\nseparated footpath or shared path consisting of a\nnumber indicating the speed limit in kilometres\nper hour in a red circle.\n24C Speed limit for personal mobility devices\n(1) The speed limit applying to the rider of a personal\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n31\n32","sortOrder":6},{"sectionNumber":"retrieval-0008","sectionType":"document_chunk","heading":"Document excerpt 8","content":"Page 82\nAuthorised by the Parliamentary Counsel\n[s 54]\nTransport and Other Legislation (Managing E-mobility Use and Protecting Our\nCommunities) Amendment Bill 2026\nPart 8 Amendment of Transport Operations (Road Use Management—Road Rules)\nmobility device is—\n(a) for a rider riding across a road using a\ncrossing on the road—10km/h; or\n(b) for a rider riding on a length of bicycle path,\nfootpath, separated footpath or shared path\nto which a path speed limit sign or speed\nlimit path marking applies—the lesser of the\nfollowing—\n(i) the speed limit applying under section\n24B;\n(ii) 25km/h; or\n(c) for a rider riding on a length of footpath or\nshared path to which no path speed limit\nsign or speed limit path marking\napplies—10km/h; or\n(d) if paragraphs (a), (b) and (c) do not\napply—25km/h.\n(2) Subsection (1)(a), (b), (c) or (d) applies to a rider\nof a personal mobility device despite a higher\nspeed limit that would otherwise apply to the rider\nunder this part.\n(3) Subsection (1)(d) does not apply to a rider of a\npersonal mobility device if the rider is, under\nanother section of this part, required to ride the\nmobility device at a lower speed than 25km/h.\n24D Speed limit for electrically power-assisted\ncycles on crossings or particular paths\n(1) The speed limit applying to the rider of an\nelectrically power-assisted cycle is—\n(a) for a rider riding across a road using a\ncrossing on the road—10km/h; or\n(b) for a rider riding on a length of bicycle path,\nfootpath, separated footpath or shared path\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n31\n32\n33\n\nPage 83\nAuthorised by the Parliamentary Counsel\n[s 55]\nTransport and Other Legislation (Managing E-mobility Use and Protecting Our\nCommunities) Amendment Bill 2026\nPart 8 Amendment of Transport Operations (Road Use Management—Road Rules)\nto which a path speed limit sign or speed\nlimit path marking applies—the speed limit\napplying under section 24B; or\n(c) for a rider riding on a length of footpath or\nshared path to which no path speed limit\nsign or speed limit path marking\napplies—10km/h.\n(2) Subsection (1)(a), (b) or (c) applies to a rider of a\nelectrically power-assisted cycle despite a higher\nspeed limit that would otherwise apply to the rider\nunder this part.\n55 Amendment of s 244B (Wearing of helmets by users of\nlow powered toy scooters)\n(1) Section 244B(1), after ‘bicycle helmet’—\ninsert—\nor approved motorbike helmet\n(2) Section 244B(2) and (3), ‘bicycle’—\nomit.\n(3) Section 244B—\ninsert—\n(4) If, for any reason, a person can not wear an\napproved motorbike helmet, the person is not\nexempt from the requirement to wear an approved\nbicycle helmet under subsection (1) unless\nsubsection (2) or (3) also applies to the person in\nrelation to a bicycle helmet.\n56 Omission of s 245A (Age restrictions for personal\nmobility device riders)\nSection 245A—\nomit.\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\nClause 12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\nClause 27\n28\n29\n30\n\nPage 84\nAuthorised by the Parliamentary Counsel\n[s 57]\nTransport and Other Legislation (Managing E-mobility Use and Protecting Our\nCommunities) Amendment Bill 2026\nPart 8 Amendment of Transport Operations (Road Use Management—Road Rules)\n57 Amendment of s 252B (Personal mobility devices not to\nbe ridden on particular roads)\n(1) Section 252B, heading, ‘particular roads’—\nomit, insert—\nroads with speed limit of more than 60km/h\n(2) Section 252B(1), from ‘must not ride on’ to ‘1 marked\nlane.’—\nomit, insert—\nmust not ride on a length of road for which the\nspeed limit applying to a driver is more than\n60km/h.\n58 Amendment of s 252C (Exception to not riding personal\nmobility devices on particular roads—PMD-permitted\nbicycle lane)\n(1) Section 252C, heading, from ‘not riding’ to ‘particular\nroads’—\nomit, insert—\noffence against s 252B\n(2) Section 252C(2), from ‘if’ to ‘the bicycle lane’—\nomit, insert—\nif the bicycle lane\n59 Amendment of s 252D (Other exceptions to not riding\npersonal mobility devices on particular roads)\nSection 252D, heading, from ‘not riding’—\nomit, insert—\noffence against s 252B\n60 Insertion of new s 253A\nAfter section 253—\nClause 1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\nClause 12\n13\n14\n15\n16\n17\n18\n19\n20\n21\nClause 22\n23\n24\n25\n26\nClause 27\n28\n\nPage 85\nAuthorised by the Parliamentary Counsel\n[s 61]\nTransport and Other Legislation (Managing E-mobility Use and Protecting Our\nCommunities) Amendment Bill 2026\nPart 8 Amendment of Transport Operations (Road Use Management—Road Rules)\ninsert—\n253A Unreasonably obstructing bicycle paths,\nfootpaths etc.\nA person must not park an electrically\npower-assisted cycle or personal mobility device\non a bicycle path, footpath, separated footpath,\nshared path or nature strip in a way that\nunreasonably obstructs the path of pedestrians or\nother vehicles.\nMaximum penalty—20 penalty units.\n61 Amendment of s 256 (Bicycle helmets)\n(1) Section 256, heading—\nomit, insert—\n256 Bicycle rider and passenger required to wear\nhelmet\n(2) Section 256(1) and (2), after ‘bicycle helmet’—\ninsert—\nor approved motorbike helmet\n(3) Section 256(4) and (5), ‘bicycle’—\nomit.\n(4) Section 256—\ninsert—\n(6) If, for any reason, a person can not wear an\napproved motorbike helmet, the person is not\nexempt from the requirement to wear an approved\nbicycle helmet under subsection (1) or (2) unless\nsubsection (4) or (5) also applies to the person in\nrelation to a bicycle helmet.\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\nClause 11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n\nPage 86\nAuthorised by the Parliamentary Counsel\n[s 62]\nTransport and Other Legislation (Managing E-mobility Use and Protecting Our\nCommunities) Amendment Bill 2026\nPart 8 Amendment of Transport Operations (Road Use Management—Road Rules)\n62 Amendment of s 257 (Riding a bicycle or personal\nmobility device with a person on a bicycle or PMD trailer)\n(1) Section 257(1)(d), after ‘bicycle helmet’—\ninsert—\nor approved motorbike helmet\n(2) Section 257(1A) and (1B), ‘bicycle’—\nomit.\n(3) Section 257—\ninsert—\n(1C) If, for any reason, a person can not wear an\napproved motorbike helmet, the person is not\nexempt from the requirement to wear an approved\nbicycle helmet under subsection (1) unless\nsubsection (1A) or (1B) also applies to the person\nin relation to a bicycle helmet.\n63 Replacement of s 353B (Power-assisted bicycles—Act,\nsch 4, definition power-assisted bicycle)\nSection 353B—\nomit, insert—\n353B Prescribed standard—Act, sch 4, definition\nEPAC standard\nFor the Act, schedule 4, definition EPAC\nstandard, the standard prescribed is the standard\ntitled ‘EN 15194:2017+A1 Cycles – Electrically\npower assisted cycles – EPAC Bicycles’,\npublished by the European Committee for\nStandardization.\n64 Amendment of sch 3 (Other permitted traffic signs)\nSchedule 3, entries for Personal mobility device speed limit\nsign and entry for End personal mobility device speed limit\nsign—\nClause 1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\nClause 16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\nClause 28\n29\n30\n31\n\nPage 87\nAuthorised by the Parliamentary Counsel\n[s 65]\nTransport and Other Legislation (Managing E-mobility Use and Protecting Our\nCommunities) Amendment Bill 2026\nPart 9 Other amendments\nomit.\n65 Amendment of sch 4 (Symbols and traffic-related items)\nSchedule 4, entry for Personal mobility device symbol—\nomit.\n66 Amendment of sch 5 (Dictionary)\nSchedule 5—\ninsert—\npath speed limit sign see section 24B(6).\nspeed limit path marking see section 24B(6).\nPart 9 Other amendments\n67 Legislation amended\nSchedule 1 amends the legislation it mentions.\n1\nClause 2\n3\n4\nClause 5\n6\n7\n8\n9\n10\nClause 11\n12\n\nSchedule 1\nTransport and Other Legislation (Managing E-mobility Use and Protecting Our\nCommunities) Amendment Bill 2026\nPage 88\nAuthorised by the Parliamentary Counsel\nSchedule 1 Other amendments\nsection 67\nRural and Regional Adjustment Regulation 2011\n1 Schedule 62, part 1, section 3, definition e-bicycle, ‘a\npower-assisted bicycle’—\nomit, insert—\nan electrically power-assisted cycle\n2 Schedule 62, part 1, section 3, definition e-bicycle, note,\n‘are, and vehicles that are not, power-assisted\nbicycles.’—\nomit, insert—\nare electrically power-assisted cycles .\nTransport Operations (Road Use\nManagement—Vehicle Standards and Safety)\nRegulation 2021\n1 Schedule 4, definition miscellaneous vehicle, paragraph\n(c)—\nomit, insert—\n(c) an electrically power-assisted cycle; or\n© State of Queensland 2026\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19","sortOrder":7}],"analysis":{"summary":{"status_summary":"The Bill has been introduced in the Queensland Legislative Assembly and is currently before a parliamentary committee for detailed examination and public submissions.","complexity_score":8,"likely_questions":["Do I need a driver licence to ride an e-scooter or e-bike on footpaths and roads in Queensland after July 2026?","What exactly counts as a 'prohibited bike' and can the police seize my e-scooter if they suspect it is noncompliant?","If I sell e-bikes, what age verification steps must I take and what are the penalties for selling to an under-16?","What happens if my e-bike is seized and I think it is actually legal? How do I get it back and what are the deadlines?"],"complexity_factors":["Amends nine separate Acts and regulations, creating complex interlocking definitions","Introduces new police seizure and forfeiture powers with multi-stage review but limited judicial oversight","Creates escalating penalty tiers for multiple offences, with separate liability for businesses, employees, and parents","Overlays new licensing, age, and alcohol limits onto existing road rules for e-mobility devices","Includes approved testing device regime with evidentiary certificates that can shift burden of proof"],"plain_english_summary":"This Bill creates a new regulatory regime for e-mobility in Queensland: it defines \"prohibited\" vehicles, gives police power to seize and forfeit noncompliant e-bikes/PMDs, and introduces new offences (including drink‑riding, riding prohibited bikes, speed and obstruction rules). From mid‑2026 riders must be 16+ and hold a driver licence; hire operators and sellers face verification, training and signage duties and steep penalties. The measures shift enforcement power to police, impose compliance costs on businesses and users, and risk burdens from seizure, storage and limited review."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Bill significantly broadens the regulatory and enforcement footprint compared with a narrow measure that only \"manages e‑mobility use.\" It adds a comprehensive seizure‑forfeiture regime for \"prohibited bikes\" (Police Powers ch 4A, ss 123A–123W), new criminal prohibitions on sales to under‑16s with employer/employee compliance duties (Summary Offences Act ss 19Q–19U), mandatory data disclosure by shared mobility providers (Transport Act s 48AA), age and licence requirements for riders and duties on providers to verify users (ss 78B–78C), parental liability rules (s 78D), an approved device testing apparatus and certificate regime (ss 121A, 123KA), and constrains judicial review of administrative removals (Police Act s 123T). Those additions move the instrument from traffic/rule‑making into a cross‑sector enforcement and commercial‑compliance regime affecting retailers, providers, police administration, and courts — materially wider than a simple road‑rules update."},"complexity_factors":["New Police Powers chapter 4A (ss 123A–123W) adding ~23 sections with seizure, notice, release, internal/external review, forfeiture and disposal processes","Multiple acts and regulations amended across several Parts: Police Powers, Transport Act, Summary Offences Act, State Penalties Enforcement Act and two sets of regulations (Road Rules and Accreditation)","Numerous new defined terms and cross‑references added to multiple dictionaries and schedules (e.g. prohibited bike, controlled vehicle, shared e‑mobility provider, EPAC standard)","Layered administrative process: release application (30 days), possible extension, internal review (commissioner with 20 day decision period), external review to QCAT with notice requirements (ss 123G–123O)","Finality and limitation on judicial review for administrative decisions (Police Act s 123T) with narrow exception for jurisdictional error","Introduction of an approved testing device regime plus certificates taken as conclusive/strong evidence (Transport Act ss 121A, 123KA) and changes to evidentiary rules (s 124)","New business compliance duties and criminal penalties (Summary Offences Act ss 19Q–19U; Transport Act s 78C) including staged penalties up to very large penalty unit amounts","Operationally detailed police powers (attended/unattended seizure, cutting locks, requiring keys/codes, moving to holding yards) and service/publication timing (ss 123D–123F)","Expanded alcohol/drug testing and related procedural complexity (amendments to s 80 with new subsections, 8‑hour prohibition and breath/saliva/blood interplay)","Transitional arrangements for formerly compliant devices and multiple evidentiary transitional rules (Transport Act Part 27)"],"plain_english_summary":"**What this Bill does (mechanically)**\n\n- Creates a new class called “prohibited bikes” (examples: non‑compliant e‑bikes, non‑compliant personal mobility devices, unregistered motorbikes that look electric) and gives police power to seize those vehicles found ridden or left in public places (Police Powers and Responsibilities Act: new ch 4A, sections 123A–123F; Transport Act: new s 6).\n- Establishes a statutory administrative process for owners to seek release of a seized vehicle, internal review by the commissioner and external review to QCAT, then automatic forfeiture and disposal if no valid claim is made (Police Powers and Responsibilities Act, ch 4A, ss 123G–123Q; ss 123T–123U limit review rights).\n- Authorises destruction or sale of forfeited vehicles, sets priorities for proceeds (costs, secured creditors, then consolidated fund) and allows the State to recover outstanding costs from known owners (ss 123Q–123S).\n- Gives police wide powers for attended and unattended seizure (stop riders, require keys/codes, cut locks, move vehicles to storage) and requires seizure notices and time limits for publication or service (ss 123D–123F).\n- Tightens evidentiary rules: certificates from the chief executive/commissioner about approved testing devices and other administrative steps are admissible evidence (Transport Act ss 121A, 123KA; Police Act s 123U) and section 124 creates a conclusive presumption about seized/disposed prohibited bikes subject to limited exceptions.\n- Imposes criminal and civil obligations on businesses and individuals involved with e‑mobility:\n  - Prohibits selling a “controlled vehicle” (motorbike, personal mobility device, electrically power‑assisted cycle) to a child under 16 and requires commercial sellers to train staff and display prohibition signage (Summary Offences Act, new div 4C: ss 19O–19U).\n  - Requires shared e‑mobility providers to supply device/user data on demand when an authorised officer finds a shared device obstructing or parked unlawfully (Transport Act s 48AA).\n  - Requires e‑mobility providers to take reasonable steps to ensure users are aged 16+ and hold a valid driver licence; heavy penalties for repeat breaches (Transport Act s 78C).\n  - Creates parental liability for some offences committed by children under 16 (Transport Act s 78D).\n- Makes it an offence to ride electrically power‑assisted cycles (EPACs) or personal mobility devices (PMDs) in public unless the rider is 16+ and holds a valid driver licence (Transport Act s 78B).\n- Extends alcohol and drug enforcement to bicycles and PMDs (breath/saliva tests, new offences and presumptions) and creates an 8‑hour prohibition from riding in certain breath/test outcomes (Transport Act s 79, s 80 additions).\n- Introduces approved testing devices and a regime for approving, publishing and using such devices to test whether a vehicle is an EPAC, PMD or prohibited bike (Transport Act ss 121A, 123KA; new offences for false labelling, s 84C).\n- Changes path and speed rules for PMDs and EPACs, adds an offence for obstructive parking of EPACs/PMDs, and updates helmet rules to permit motorbike helmets in some contexts (Transport Operations (Road Use Management—Road Rules) Regulation changes: ss 24B–24D, s 253A, ss 244B and 256).\n- Adds transitional arrangements for previously compliant devices and evidence certificates (Transport Act Part 27, ss 245–246).\n\n**Who is affected**\n\n- Police and authorised officers (new seizure, testing and data‑request powers).  \n- Shared e‑mobility and e‑mobility providers (data disclosure duties, verification obligations, civil penalties).  \n- Retailers and commercial sellers of EPACs/PMDs/motorbikes and their employees (training, signage, sale prohibitions and penalties) (Summary Offences Act ss 19Q–19U).  \n- Riders and owners of EPACs/PMDs and children under 16 (age/licence rules, potential seizure, parental liability under s 78D).  \n- Storage yards, third‑party removers and the State (logistics and disposal).  \n- Courts, QCAT and the commissioner (new administrative decision and review flows; evidentiary certificates).  \n- Secured creditors (their registered security interest is recognised in sale proceeds priorities (Police Act s 123R(2)(c)); rights to repossess under National Credit Code are preserved (Police Act s 123B)).\n\n**Why it matters (official purpose claim, and then the trade‑offs and consequences)**\n\n- Officially the Bill aims to \"manage e‑mobility use and protect communities\" by restricting unlawful riding, removing dangerous/non‑compliant vehicles from public places, stopping sales to children under 16, and imposing duties on providers to prevent misuse. Those mechanisms are concrete: seizure/forfeiture (Police Act ch 4A), age/licence rules (Transport Act ss 78B–78C), and seller obligations (Summary Offences Act ss 19Q–19S).\n\n- Costs, incentives and trade‑offs to watch (mechanism, citation):\n  - Compliance cost on private business: shared e‑mobility providers must preserve and hand over ride telemetry, photos and contact details on demand (Transport Act s 48AA). Retailers must train employees, display signage and check ID before sale to avoid high penalties (Summary Offences Act ss 19R–19U). Those are recurring administrative and operational costs.\n  - Enforcement and storage costs are borne initially by police and the State (seizure, storage, disposal) but the Bill allows recovery from sale proceeds and from identified owners (Police Act ss 123R–123S), shifting some cost back to owners; if proceeds are insufficient, the State may issue a costs notice to a known owner (s 123S).\n  - Risk of vehicle loss for owners: the administrative process is time‑limited (30 day release window with possible brief extensions) and forfeiture occurs automatically unless statutory steps are followed (ss 123G–123P). Certificates and presumptions make evidentiary challenges harder (Transport Act s 123KA, Police Act s 123U; s 124 creates a conclusive presumption subject to narrow exceptions). That increases the risk an owner loses a vehicle even if they could later show it was lawful.\n  - Limits on judicial review: decisions under the new seizure/forfeiture chapter are final and insulated from ordinary judicial review except for jurisdictional error (Police Act s 123T). That speeds administrative disposal but narrows court oversight and may raise higher‑level legal challenges.\n  - Data privacy and legal privilege tensions: shared providers must produce user data on demand; the Bill protects against self‑incrimination for the provider but not for employees (s 48AA(5)–(6)). There are potential conflicts with privacy law and commercial confidentiality.\n  - Evidence and testing reliability: the State introduces an approved testing device regime and certificates are admissible evidence (Transport Act ss 121A, 123KA). The accuracy and calibration standards, and the ability for affected people to meaningfully challenge device results, will be central to fair implementation.\n  - Behavioural substitution: buyers or under‑16 riders may shift to non‑labelled or home‑modified devices, informal private sales, or grey‑import markets if retailers refuse sales and enforcement is high. Manufacturers and importers face stronger incentives to meet the EPAC standard and attach compliance labels (Transport Act s 84C).\n  - Concentrated vs diffuse impacts: benefits (reduced visible risky riding, clearer enforcement) accrue locally and are concentrated; compliance and liability costs fall on specific businesses, owners and parents and are therefore concentrated costs. Enforcement resources diverted to device seizure and storage are an opportunity cost for policing other activities.\n\n**Who pays and who decides**\n\n- Police and the commissioner decide seizure, release and disposal steps (Police Act ch 4A).  \n- Owners, e‑mobility providers and retailers pay direct compliance and potential penalty costs (Summary Offences Act ss 19Q–19U; Transport Act ss 78C, 48AA; Police Act ss 123R–123S).  \n- The State bears upfront enforcement costs and can recover reasonable expenses from sale proceeds or by issuing costs notices to identified owners (Police Act ss 123R–123S).\n\n**Implementation and litigation risks**\n\n- Reliance on device certificates and a restricted judicial review pathway increases the importance of calibration, training and procedural fairness in internal reviews; poor processes may produce legal challenges on jurisdictional or constitutional grounds (Police Act ss 123T; Transport Act ss 121A, 123KA).  \n- Data‑sharing powers raise privacy and cross‑border data concerns for operators.  \n- The definition and identification of “noncompliant” or “prohibited” devices depends on technical standards (EPAC standard) and labelling; disputes about modifications, labelling and manufacturer responsibility are likely (Transport Act ss 84C, 353B).  \n\n**Key provisions cited**: seizure/release/forfeiture (Police Powers and Responsibilities Act new ch 4A, ss 123A–123Q); limitation on review (s 123T); seller/employee offences and sign/display obligations (Summary Offences Act ss 19Q–19U); e‑mobility provider data duty (Transport Act s 48AA); age and licence requirements and provider duties (Transport Act ss 78B–78C); parental liability (s 78D); testing devices and evidentiary certificates (Transport Act ss 121A, 123KA); evidentiary presumptions and disposition certificates (Transport Act s 124, Police Act s 123U); breath/saliva and alcohol/drug rules extended to bicycles and PMDs (Transport Act s 79, s 80 additions); speed/path/helmet rules (Road Rules regs ss 24B–24D, 253A, 244B, 256); transitional provisions (Transport Act Part 27, ss 245–246)."}},"importantCases":[],"_links":{"self":"/api/acts/transport-and-other-legislation-managing-e-mobility-use-and-protecting-our-communities-amendment-bill-2026","history":"/api/acts/transport-and-other-legislation-managing-e-mobility-use-and-protecting-our-communities-amendment-bill-2026/history","analysis":"/api/acts/transport-and-other-legislation-managing-e-mobility-use-and-protecting-our-communities-amendment-bill-2026/analysis","conflicts":"/api/acts/transport-and-other-legislation-managing-e-mobility-use-and-protecting-our-communities-amendment-bill-2026/conflicts","importantCases":"/api/acts/transport-and-other-legislation-managing-e-mobility-use-and-protecting-our-communities-amendment-bill-2026/important-cases","documents":"/api/acts/transport-and-other-legislation-managing-e-mobility-use-and-protecting-our-communities-amendment-bill-2026/documents"}}