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Transport and Other Legislation (Managing E-mobility Use and Protecting Our
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Part 4 Amendment of State Penalties Enforcement Regulation 2014
Communities) Amendment
Act 2026
199 Application of new s 5
(1) New section 5 applies in relation to a child for an
offence only if the offence is committed after the
commencement.
(2) In this section—
new section 5 means section 5 of this Act as in
force on the commencement.
Part 4 Amendment of State Penalties
Enforcement Regulation 2014
17 Regulation amended
This part amends the State Penalties Enforcement Regulation
2014.
18 Amendment of sch 1 (Infringement notice offences and
fines for nominated laws)
(1) Schedule 1, entry for Summary Offences Act 2005—
insert—
(2) Schedule 1, entry for Summary Offences Act 2005, entry for
section 23A(1), column 1, ‘23A(1)’—
omit, insert—
s 19Q(1) 14
s 19R 4
s 19S(2) 2
s 19U(1) 2
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Part 4 Amendment of State Penalties Enforcement Regulation 2014
23A(2)
(3) Schedule 1, entry for Transport Operations (Road Use
Management) Act 1995—
insert—
(4) Schedule 1, entry for Transport Operations (Road Use
Management—Road Rules) Regulation 2009, entry for section
245A—
omit.
s 34A(3) 6
s 48AA(4) 2
s 78B(1) 3
s 78C(1) 14
s 79(2AAA) 5
s 79(2AAB) 3
s 80(22DA) 2
s 84(2) for a contravention that involves
riding a bicycle or personal
mobility device, if the
contravention does not cause the
death of, or grievous bodily harm
to, a person 3
s 84AA if the contravention does not
cause the death of, or grievous
bodily harm to, a person 3
s 84B(1) 33/5
s 84C(1) 3
s 84C(2) 3
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Part 4 Amendment of State Penalties Enforcement Regulation 2014
(5) Schedule 1, entry for Transport Operations (Road Use
Management—Road Rules) Regulation 2009, entries for
sections 246(1), 246(2), 246(3) and 246A—
omit.
(6) Schedule 1, entry for Transport Operations (Road Use
Management—Road Rules) Regulation 2009—
insert—
(7) Schedule 1, entry for Transport Operations (Road Use
Management—Road Rules) Regulation 2009, entry for section
20—
omit, insert—
s 246(1) 3
s 246(2) 3
s 246(3) 3
s 246A 3
s 253A 1
s 20 For a contravention that involves
driving over the speed limit by—
(a) less than 11km/h Individual
Corporation
2
10
(b) at least 11km/h but not more
than 20km/h Individual
Corporation
3
15
(c) more than 20km/h but not
more than 30km/h Individual
Corporation
4 1/ 2
221/ 2
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Part 4 Amendment of State Penalties Enforcement Regulation 2014
(8) Schedule 1, entry for Transport Operations (Road Use
Management—Road Rules) Regulation 2009, entry for section
244B(1), column 2, ‘ 2/5’—
omit, insert—
1
(9) Schedule 1, entry for Transport Operations (Road Use
Management—Road Rules) Regulation 2009, entry for s
252B(1), column 2, ‘1 1/ 5’—
omit, insert—
3
(10) Schedule 1, entry for Transport Operations (Road Use
Management—Road Rules) Regulation 2009, entry for section
256(1), column 2, ‘1’—
omit, insert—
3
(11) Schedule 1, entry for Transport Operations (Road Use
Management—Road Rules) Regulation 2009, entry for section
256(2), column 2, ‘1’—
omit, insert—
3
(12) Schedule 1, entry for Transport Operations (Road Use
Management—Road Rules) Regulation 2009, entry for section
256(3), column 2, ‘1’—
omit, insert—
3
(d) more than 30km/h but not
more than 40km/h Individual
Corporation
71/ 2
371/ 2
(e) more than 40km/h Individual
Corporation
111/ 2
571/ 2
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Part 5 Amendment of Summary Offences Act 2005
(13) Schedule 1, entry for Transport Operations (Road Use
Management—Road Rules) Regulation 2009, entry for section
256A(1), column 2, ‘1’—
omit, insert—
3
(14) Schedule 1, entry for Transport Operations (Road Use
Management—Road Rules) Regulation 2009, entry for section
257(1), column 2, ‘1’—
omit, insert—
3
Part 5 Amendment of Summary
Offences Act 2005
19 Act amended
This part amends the Summary Offences Act 2005.
20 Insertion of new s 19AA
After section 19A—
insert—
19AA Definitions for division
In this division—
burn out, for a vehicle, means wilfully drive the
vehicle in a way that causes a sustained loss of
traction of 1 or more of the wheels with the road
surface.
Examples—
• driving a vehicle in a way that causes a sustained
loss of traction of 1 or more of the drive wheels
with a road surface so that the tyres or a substance
poured onto the road surface smokes
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Part 5 Amendment of Summary Offences Act 2005
• driving a vehicle in a way that causes a sustained
loss of traction of 1 or more of the drive wheels
with a wet or gravelled road surface, regardless of
whether the tyres smoke because of a loss of
traction
drive, in relation to an electrically power-assisted
cycle or personal mobility device, includes ride.
motor vehicle see the Transport Operations
(Road Use Management) Act 1995, schedule 4.
speed trial see the Police Powers and
Responsibilities Act 2000, schedule 6.
vehicle means—
(a) a motor vehicle; or
(b) a personal mobility device; or
(c) an electrically power-assisted cycle.
21 Amendment of s 19B (Meaning of racing, burn out or
other hooning offence)
Section 19B, from ‘is a type 1’—
omit, insert—
is—
(a) a type 1 vehicle related offence under the
Police Powers and Responsibilities Act
2000, section 69A(1); or
(b) any of the following offences involving a
vehicle that is an electrically power-assisted
cycle or personal mobility device committed
in circumstances involving a speed trial, a
race between vehicles, or a burn out—
(i) an offence against the Criminal Code,
section 328A committed on a road or in
a public place;
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Transport and Other Legislation (Managing E-mobility Use and Protecting Our
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Part 5 Amendment of Summary Offences Act 2005
(ii) an offence against the Transport
Operations (Road Use Management)
Act 1995, section 84;
(iii) an offence against the Transport
Operations (Road Use Management)
Act 1995, section 84AA;
(iv) an offence against the Transport
Operations (Road Use Management)
Act 1995, section 85;
(v) an offence against the Transport
Operations (Road Use Management)
Act 1995 involving wilfully starting the
vehicle, or driving the vehicle, in a way
that makes unnecessary noise or
smoke.
Notes—
1 Under the Acts Interpretation Act 1954,
section 7(1), a reference to a law includes a
reference to statutory instruments made or in
force under the law.
2 At the enactment of this definition, a relevant
offence for paragraph (b)(v), for example, is
an offence against the Transport Operations
(Road Use Management—Road Rules)
Regulation 2009, section 291(1)(b).
22 Amendment of s 19C (Unlawful conduct associated with
commission of racing, burn out or other hooning offence)
Section 19C, ‘motor’—
omit.
23 Amendment of s 19D (Possession of things used in
commission of racing, burn out or other hooning offence)
Section 19D, ‘motor’—
omit.
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Transport and Other Legislation (Managing E-mobility Use and Protecting Our
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Part 5 Amendment of Summary Offences Act 2005
24 Amendment of s 19I (Sale by employees of controlled
items to minors)
Section 19I(3), ‘subsection (1)’—
omit, insert—
subsection (2)
25 Insertion of new pt 2, div 4C
Part 2—
insert—
Division 4C Offences about selling
particular vehicles to
children under 16
19O Definitions for division
In this division—
commercial seller—
(a) means a person who, in trade or commerce,
sells controlled vehicles to the public; but
(b) does not include a person who sells
controlled vehicles to the public only as an
employee.
controlled vehicle means any of the following—
(a) a motorbike, other than an exempt
motorbike;
(b) a personal mobility device;
(c) an electrically power-assisted cycle.
employee means a person who sells or may sell
controlled vehicles in the course of the person’s
employment.
exempt motorbike means a motorbike that is—
Clause 1
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Part 5 Amendment of Summary Offences Act 2005
(a) eligible for registration under the Transport
Operations (Road Use
Management—Vehicle Registration)
Regulation 2021, section 18(1) but is not
registered; or
(b) registered.
motorbike see the Transport Operations (Road
Use Management) Act 1995, schedule 4.
registered see the Transport Operations (Road
Use Management) Act 1995, schedule 4.
19P Meaning of sell for division
(1) This section applies for the application, to this
division, of the definition sell in the dictionary.
(2) A person does not keep or expose for sale or offer
to sell a controlled vehicle to a child under 16
years only because the person keeps or exposes
for sale or offers to sell controlled vehicles to the
public generally.
19Q Sale of controlled vehicle to child under 16
(1) A person must not sell a controlled vehicle to a
child under 16 years.
Maximum penalty—
(a) for a first offence—140 penalty units; or
(b) for a second offence—280 penalty units; or
(c) for a third or later offence—420 penalty
units.
(2) An employee who sells a controlled vehicle to a
child under 16 years in the course of their
employment can not be prosecuted under this
section.
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Part 5 Amendment of Summary Offences Act 2005
Note—
See section 19S.
(3) It is a defence to a charge of an offence against
subsection (1) for the person to prove—
(a) the person, or an employee of the person,
required the child to produce acceptable
evidence of age; and
(b) the child produced acceptable evidence of
age, or purported acceptable evidence of
age, showing the child was not a child under
16 years; and
(c) the person or employee had no reason to
believe the evidence was false.
19R Commercial sellers must instruct employees
about sale of controlled vehicle to child under
16
A commercial seller who is an employer must do
the following in relation to each employee of the
seller—
(a) instruct the employee—
(i) not to sell a controlled vehicle to a
child under 16 years in any
circumstances, even if the sale is for, or
is claimed to be for, a person of or over
16 years; and
(ii) to sight acceptable evidence of age for
a person before selling a controlled
vehicle to the person, unless satisfied
the person is of or over 16 years;
(b) warn the employee that, if the employee
disregards the instructions mentioned in
paragraph (a) and sells a controlled vehicle
to a child under 16 years, the employee
commits an offence against section 19S;
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Transport and Other Legislation (Managing E-mobility Use and Protecting Our
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Part 5 Amendment of Summary Offences Act 2005
(c) obtain written acknowledgement by the
employee that the employee received the
instructions and warning mentioned in
paragraphs (a) and (b).
Maximum penalty—40 penalty units.
19S Sale by employees of controlled vehicle to
child under 16
(1) This section applies to an employee if a
commercial seller who is an employer has
complied with section 19R in relation to the
employee.
(2) The employee must not, in the course of their
employment, sell a controlled vehicle to a child
under 16 years.
Maximum penalty—
(a) for a first offence—20 penalty units; or
(b) for a second or later offence—40 penalty
units.
(3) It is a defence to a charge of an offence against
subsection (2) for the employee to prove—
(a) the employee, their employer or another
employee of their employer required the
child to produce acceptable evidence of age;
and
(b) the child produced acceptable evidence of
age, or purported acceptable evidence of
age, showing the child was not under 16
years; and
(c) the employee, employer or other employee
had no reason to believe the evidence was
false.
(4) For this section, it does not matter if the
commercial seller who complied with section 19R
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Part 5 Amendment of Summary Offences Act 2005
in relation to the employee is their employer at the
time the employee sells the controlled vehicle to
the child under 16 years.
19T Application of Anti-Discrimination Act 1991, s
46
For the Anti-Discrimination Act 1991, section 46,
a person (the seller) is not to be taken to
discriminate against another person only because
the seller refuses to sell a controlled vehicle to the
other person because of section 19Q(1) or 19S(2).
19U Commercial sellers must display prohibition
signs
(1) A commercial seller must display a prohibition
sign at the seller’s retail outlet, or in the seller’s
online shop, under this section.
Maximum penalty—20 penalty units.
(2) If any controlled vehicles are displayed at the
retail outlet or in the online shop, a prohibition
sign must be displayed—
(a) at each point of display of the controlled
vehicle, so the sign is clearly visible to a
person viewing the displayed vehicle; or
(b) at each point of sale, so the sign is clearly
visible to a person purchasing a controlled
vehicle.
(3) If no controlled vehicles are displayed at the retail
outlet or in the online shop, a prohibition sign
must be displayed at each point of sale at the
outlet or in the online shop, so the sign is clearly
visible to a person purchasing a controlled
vehicle.
(4) Each prohibition sign must comply with the
requirements prescribed by regulation.
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Part 5 Amendment of Summary Offences Act 2005
(5) In this section—
online shop means a website or other online
application for a business that enables customers
to purchase products or services from the
business.
point of display, of a controlled vehicle, means—
(a) for a vehicle displayed at a retail outlet—the
place where the vehicle is displayed at the
outlet; or
(b) for a vehicle displayed in an online
shop—the place where the vehicle is
displayed on the online shop’s website or
other online application.
point of sale means—
(a) for a retail outlet—a counter or similar
fixture where a controlled vehicle may be
sold; or
(b) for an online shop—the place where a
controlled vehicle may be sold on the online
shop’s website or other online application.
prohibition sign means a sign about the sale of
controlled vehicles to a child under 16 years.
retail outlet means premises where controlled
vehicles are available for sale to the public.
26 Amendment of sch 2 (Dictionary)
(1) Schedule 2, definitions commercial seller and vehicle—
omit.
(2) Schedule 2—
insert—
burn out, for part 2, division 4A, see section
19AA.
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Part 5 Amendment of Summary Offences Act 2005
commercial seller—
(a) for part 2, division 4B, see section 19E; or
(b) for part 2, division 4C, see section 19O.
controlled vehicle, for part 2, division 4C, see
section 19O.
drive, for part 2, division 4A, see section 19AA.
electrically power-assisted cycle see the
Transport Operations (Road Use Management)
Act 1995, schedule 4.
exempt motorbike, for part 2, division 4C, see
section 19O.
motorbike, for part 2, division 4C, see section
19O.
motor vehicle for part 2, division 4A, see section
19AA.
personal mobility device see the Transport
Operations (Road Use Management) Act 1995,
schedule 4.
registered, for part 2, division 4C, see section
19O.
speed trial, for part 2, division 4A, see section
19AA.
vehicle—
(a) for part 2, division 4A, see section 19AA; or
(b) otherwise, includes a motor vehicle, bicycle
and boat.
(3) Schedule 2, definition employee, paragraph (b)—
omit, insert—
(b) for part 2, division 4C, see section 19O; or
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