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(c) for sections 23A to 23E, means a person
who sells, or may sell, spray paint in the
course of the person’s employment.
(4) Schedule 2, definition sell, notes, note 2—
omit, insert—
2 For part 2, division 4C, sell has the meaning
affected by section 19P.
3 For sections 23A to 23D, sell has the meaning
affected by section 23E.
Part 6 Amendment of Transport
Operations (Road Use
Management) Act 1995
27 Act amended
This part amends the Transport Operations (Road Use
Management) Act 1995.
28 Insertion of ch 1, pt 1, hdg
Before section 1—
insert—
Part 1 Preliminary
29 Renumbering and relocation of s 6 (Act binds everyone,
including government entities)
Section 6—
renumber and relocate as section 4A.
30 Insertion of ch 1, pt 2, hdg
Before section 5—
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insert—
Part 2 Interpretation
31 Insertion of new s 6
After section 5—
insert—
6 What is a prohibited bike
(1) Each of the following vehicles is a prohibited
bike—
(a) a noncompliant electrically power-assisted
cycle;
(b) a noncompliant personal mobility device;
(c) a 2-wheeled or 3-wheeled vehicle that is
capable of being propelled by an electric
motor or internal-combustion engine and—
(i) is not eligible to be registered; or
Example for subparagraph (i)—
an electric or petrol-powered motorbike that
does not comply with the Australian Design
Rules under the Road Vehicle Standards Act
2018 (Cwlth)
(ii) is eligible to be registered but is not
registered.
Example for subparagraph (ii)—
a motorbike that is not registered
(2) However, none of the following vehicles is a
prohibited bike—
(a) a personal mobility device;
(b) an electrically power-assisted cycle;
(c) a low powered toy scooter;
(d) a motorised mobility device.
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(3) For subsection (1) it is irrelevant whether the
vehicle may also be propelled by use of pedals.
(4) In this section—
noncompliant electrically power-assisted cycle
means a vehicle that resembles an electrically
power-assisted cycle but does not meet all
elements of the definition of electrically
power-assisted cycle under this Act.
noncompliant personal mobility device means a
vehicle that resembles a personal mobility device
but does not meet all elements of the definition of
personal mobility device under this Act.
32 Insertion of new s 34A
After section 34—
insert—
34A Power to require testing of particular vehicles
(1) This section applies—
(a) to any of the following vehicles—
(i) a vehicle that is, or resembles, an
electrically power-assisted cycle or
personal mobility device;
(ii) a vehicle that a person using the
vehicle claims is an electrically
power-assisted cycle or personal
mobility device;
(iii) a vehicle that an authorised officer
reasonably suspects is a prohibited
bike; and
(b) if the vehicle—
(i) is being ridden, or otherwise in the
possession of a person while, on a road,
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on a road-related area or in a public
place; or
(ii) has been seized by a police officer
under the Police Powers and
Responsibilities Act 2000 chapter 4A,
part 2.
(2) An authorised officer may require the rider, or
another person in possession, of the vehicle to do
1 or more of the following—
(a) place, or allow the officer to place, the
vehicle on an approved testing device;
(b) transport the vehicle, or allow the officer to
transport the vehicle, to a place for the
purpose of the vehicle being tested on using
an approved testing device;
(c) do anything reasonably necessary to enable
a test to be carried out using the approved
testing device in accordance with a
procedure approved by the commissioner.
Example for paragraph (c)—
enable electronic communication between the
vehicle and an approved testing device through a
physical or wireless connection
(3) A person must comply with a requirement made
of the person under subsection (2), unless the
person has a reasonable excuse.
Maximum penalty—60 penalty units.
33 Insertion of new s 48AA
After section 48—
insert—
48AA Power to require information from shared
e-mobility providers
(1) This section applies if—
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(a) an authorised officer finds an electrically
power-assisted cycle or personal mobility
device (a relevant device) at a place; and
(b) the authorised officer reasonably suspects
the relevant device—
(i) is parked at the place in a way that
contravenes this Act; and
(ii) is provided by a shared e-mobility
provider in carrying on the provider’s
business as a shared e-mobility
provider.
(2) The authorised officer may require the shared
e-mobility provider to give any of the following
information in relation to the relevant device—
(a) the name given by the person who was the
last person to ride the relevant device (the
last known rider) before the device was
found by the authorised officer;
(b) the last known rider’s contact details;
(c) the day and time the ride of the last known
rider started and ended;
(d) the place where the relevant device was
parked at the end of the ride as recorded by
the shared e-mobility provider;
(e) any photograph of the relevant device at the
place mentioned in paragraph (d) provided
by the last known rider;
(f) for a photograph mentioned in paragraph (e)
that has metadata, the metadata relevant
to—
(i) the day and time the photograph was
taken; and
(ii) the place, if recorded in the metadata,
where the photograph was taken;
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(g) any other information, including telemetry
data issued by the relevant device, showing
where the device was—
(i) parked at the end of the ride by the last
known rider; and
(ii) found by the authorised officer;
(h) details that identify the relevant device
including, for example, the identification
number or QR code of the relevant device.
(3) When making a requirement under subsection (2),
the authorised officer must warn the shared
e-mobility provider it is an offence to fail to
comply with the requirement unless the provider
has a reasonable excuse.
(4) The shared e-mobility provider must comply with
a requirement under subsection (2), unless the
provider has a reasonable excuse.
Maximum penalty—40 penalty units.
(5) It is a reasonable excuse for the shared e-mobility
provider to fail to give information under
subsection (4) if giving the information might
tend to incriminate the provider.
(6) However, subsection (5) does not apply to an
employee of the shared e-mobility provider for an
alleged offence committed by the employee.
(7) In this section—
information includes a document.
shared e-mobility provider means a person who
carries on a business in which electrically
power-assisted cycles or personal mobility
devices are available to the public for loan or hire
by using a publicly accessible electronic booking
system.
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34 Insertion of new ss 78B–78D
After section 78A—
insert—
78B Riding electrically power-assisted cycle or
personal mobility device without valid licence
prohibited
(1) A person must not ride an electrically
power-assisted cycle or personal mobility device
on a road, on a road-related area or in a public
place unless the person—
(a) is at least 16 years; and
(b) holds either—
(i) a valid Queensland driver licence; or
(ii) a valid non-Queensland driver licence.
Maximum penalty—30 penalty units.
(2) In this section—
valid, in relation to a Queensland driver licence or
non-Queensland driver licence, means—
(a) the licence has not expired; and
(b) the licence has not been cancelled or
suspended; and
(c) the person in whose name the licence is
issued is not disqualified from holding or
obtaining a driver licence in this or another
jurisdiction.
78C Requirement for e-mobility providers to ensure
user is over 16 years and holds valid licence
(1) An e-mobility provider must take reasonable
steps to ensure each user of the provider’s
electrically power-assisted cycles or personal
mobility devices—
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(a) is at least 16 years; and
(b) holds either—
(i) a valid Queensland driver licence; or
(ii) a valid non-Queensland driver licence.
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) It is a defence to a charge for an offence against
subsection (1) for the e-mobility provider to
prove—
(a) that a user has made a declaration that the
user is at least 16 years and holds a valid
Queensland driver licence or
non-Queensland driver licence; and
(b) it was reasonable in the circumstances for
the provider to rely on the declaration.
(3) In this section—
e-mobility provider means a person who carries
on a business in which electrically power-assisted
cycles or personal mobility devices are available
to the public for loan or hire.
user means an individual who borrows or hires an
electrically power-assisted cycle or personal
mobility device from an e-mobility provider.
78D Liability of parent—particular offences
committed by child under 16
(1) If a child under 16 years commits an offence
against section 78B or 84B, a parent of the child
is taken to have also committed an offence against
section 78B or 84B, as the case may be, and is
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liable to the same penalty.
(2) However, it is a defence for the parent to prove
that—
(a) the parent did not know, and could not
reasonably have been expected to know, of
the child’s conduct constituting the offence
against section 78B or 84B; or
(b) the parent took all reasonable steps to ensure
the child did not engage in the conduct
constituting the offence against section 78B
or 84B.
(3) In deciding whether things done or omitted to be
done by the parent constitute reasonable steps for
subsection (2)(b), a court must have regard to
whether the parent was in a position to influence
the child’s conduct in relation to the offence.
(4) The parent may be proceeded against for, and
convicted of, an offence against section 78B or
84B whether or not the child has been proceeded
against for, or convicted of, the child’s offence
against section 78B or 84B.
(5) In a proceeding for an offence against a parent of
a child under 16 years for an offence against
section 78B or 84B, in relation to proof of
whether a person is the parent of the child, a belief
of a police officer, on reasonable grounds, that a
person is the parent of the child is, unless the
contrary is proved, sufficient evidence of the fact
that the person is the child’s parent.
(6) For subsection (5), a belief mentioned in that
subsection may be formed by the police officer
after reasonable enquiries are made of the child
and parent when the police officer finds the child
riding an electrically power-assisted cycle,
personal mobility device or prohibited bike on a
road, on a road-related area or in a public place or
soon after that time.
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(7) This section does not affect—
(a) the liability of the child for an offence
against section 78B or 84B; or
(b) the liability, under the Criminal Code,
chapter 2, of any person, whether or not the
person is a parent of the child, for the child’s
offence against section 78B or 84B.
(8) In this section—
approved carer, of a child, means—
(a) an approved foster carer under the Child
Protection Act 1999, schedule 3 in whose
care the child is placed under section 82 of
that Act; or
(b) an approved kinship carer of the child under
the Child Protection Act 1999, schedule 3;
or
(c) a provisionally approved carer of the child
under the Child Protection Act 1999,
schedule 3.
chief executive (child safety) means the chief
executive of the department in which the Child
Protection Act 1999 is administered.
parent, of a child—
(a) means an adult who is the child’s mother,
father or someone else, other than the chief
executive (child safety), having or
exercising parental responsibility for the
child; but
(b) does not include—
(i) a person standing in the place of a
parent of the child on a temporary
basis; or
(ii) an approved carer of the child.
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35 Amendment of s 79 (Vehicle offences involving liquor or
other drugs)
(1) Section 79, after subsection (2)—
insert—
(2AAA) Offence of riding bicycle or personal mobility
device while over middle alcohol limit but not
over high alcohol limit
A person who is 16 years or older and who rides a
bicycle or personal mobility device on a road, on
a road-related area or in a public place while the
person is over the middle alcohol limit but is not
over the high alcohol limit is guilty of an offence.
Maximum penalty—28 penalty units.
(2AAB) Offence of riding bicycle or personal mobility
device while over general alcohol limit but not
over middle alcohol limit
A person who is 16 years or older and who rides a
bicycle or personal mobility device on a road, on
a road-related area or in a public place while the
person is over the general alcohol limit but is not
over the middle alcohol limit is guilty of an
offence.
Maximum penalty—20 penalty units.
(2) Section 79(7), after ‘motor vehicle’—
insert—
, bicycle or personal mobility device
(3) Section 79—
insert—
(7A) Offence of riding etc. bicycle or personal
mobility device while under the influence on
road, on a road-related area or in public place
A person who, while under the influence of liquor
or a drug, rides or is in charge of a bicycle or
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Section retrieval-0005 - Transport and Other Legislation (Managing E-mobility Use and Protecting Our Communities) Amendment Bill 2026 - Document excerpt 5 | Zoe