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Page 59 Authorised by the Parliamentary Counsel [s 36] Transport and Other Legislation (Managing E-mobility Use and Protecting Our Communities) Amendment Bill 2026 Part 6 Amendment of Transport Operations (Road Use Management) Act 1995 personal mobility device on a road, on a road-related area or in a public place, or attempts to put in motion a bicycle or personal mobility device on a road, on a road-related area or in a public place, is guilty of an offence. Maximum penalty—40 penalty units or 9 months imprisonment. (7B) Presumption that defendant of offences involving bicycles or personal mobility devices is under the influence of liquor if over high alcohol limit If, on the hearing of a complaint of an offence under subsection (7A), the court is satisfied that at the material time the defendant was over the high alcohol limit, the defendant is conclusively presumed to have been at that time under the influence of liquor. (4) Section 79(8), ‘or (7)’— omit, insert— , (7) or (7A) 36 Amendment of s 80 (Breath and saliva tests, and analysis and laboratory tests) (1) Section 80(2), heading, after ‘saliva’— insert— in relation to circumstances involving motor vehicles, trams, trains or vessels (2) Section 80, after subsection (2)— insert— (2AA) Request for specimen of breath in relation to circumstances involving bicycles or personal mobility devices A police officer may require a person who is 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Clause 21 22 23 24 25 26 27 28 29 30 31 32

Page 60 Authorised by the Parliamentary Counsel [s 36] Transport and Other Legislation (Managing E-mobility Use and Protecting Our Communities) Amendment Bill 2026 Part 6 Amendment of Transport Operations (Road Use Management) Act 1995 years or older and who is found by the officer or who the officer reasonably suspects was during the last preceding 3 hours— (a) riding or attempting to ride a bicycle or personal mobility device on a road, on a road-related area or in a public place; or (b) in charge of a bicycle or personal mobility device on a road, on a road-related area or in a public place; to provide a specimen of breath for a breath test by the person. (3) Section 80(2A), heading, after ‘incident’— insert— involving motor vehicles, trams, trains or vessels (4) Section 80, after subsection (2A)— insert— (2AAA) Request for specimen of breath after incident involving bicycles or personal mobility devices If a bicycle or personal mobility device is involved in an incident resulting in injury to or death of any person or damage to property a police officer may require any person who is 16 years or older and who the officer reasonably suspects— (a) was riding or attempting to ride the bicycle or personal mobility device on a road, on a road-related area or in a public place; or (b) was in charge of a bicycle or personal mobility device on a road, on a road-related area or in a public place; at the time of the incident to provide a specimen of breath for a breath test by the person. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33

Page 61 Authorised by the Parliamentary Counsel [s 36] Transport and Other Legislation (Managing E-mobility Use and Protecting Our Communities) Amendment Bill 2026 Part 6 Amendment of Transport Operations (Road Use Management) Act 1995 (5) Section 80(2B)(a), (3), (4), (5), (5A), (6)(b), (8C), (10)(a) and (10E), ‘or (2A)’— omit, insert— , (2AA), (2A) or (2AAA) (6) Section 80(2C)— omit, insert— (2C) More than 1 specimen may be required A police officer may require a person to provide— (a) under subsection (2) or (2A), as many specimens of breath or saliva, or both, as the police officer considers reasonably necessary to carry out the breath test, the saliva test or both; or (b) under subsection (2AA) or (2AAA), as many specimens of breath as the police officer considers reasonably necessary to carry out the breath test. (7) Section 80(11), ‘or vessel’— omit, insert— , vessel, bicycle or personal mobility device (8) Section 80(11)(d)— omit, insert— (d) the person is guilty of an offence that is taken to be an offence against— (i) for an offence involving a motor vehicle, tram, train or vessel—the appropriate provision of section 79(1); or (ii) for an offence involving a bicycle or personal mobility device—section 79(7A); 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32

Page 62 Authorised by the Parliamentary Counsel [s 36] Transport and Other Legislation (Managing E-mobility Use and Protecting Our Communities) Amendment Bill 2026 Part 6 Amendment of Transport Operations (Road Use Management) Act 1995 (9) Section 80(11)(e), ‘the person is’— omit, insert— for an offence involving a motor vehicle, tram, train or vessel—the person is (10) Section 80(16L), ‘or (2AA)’— omit, insert— , (2AA) or (7A) (11) Section 80(21), definition relevant provision, paragraph (a), after ‘(c)’— insert— who may be required to provide a specimen of the person’s breath, saliva or blood for analysis or a test in relation to circumstances involving a motor vehicle, tram, train or vessel (12) Section 80(22A), from ‘the specimen’ to ‘is suspended’— omit, insert— the specimen mentioned in subsection (22) from a person (an affected person), or who arrested a person (also an affected person) as mentioned in subsection (22)(ba) but did not request a specimen from the person, must sign and deliver to the affected person (or to another person on behalf of the affected person at the request of that other person) a statement in writing that the driver licence of the affected person is suspended (13) Section 80, after subsection (22A)— insert— (22AB) Definition for subsection (22AC) In subsection (22AC)— relevant provision means— (a) subsection (8) to the extent it applies to a person mentioned in subsection (8)(a), (b) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32

Page 63 Authorised by the Parliamentary Counsel [s 36] Transport and Other Legislation (Managing E-mobility Use and Protecting Our Communities) Amendment Bill 2026 Part 6 Amendment of Transport Operations (Road Use Management) Act 1995 or (c) who may be required to provide a specimen of the person’s breath, saliva or blood for analysis or a test in relation to circumstances involving a bicycle or personal mobility device; or (b) subsection (8C) to the extent it applies to a person who may be required to provide a specimen of breath for a breath test under subsection (2AA) or (2AAA). (22AC) Application of subsection (22AD) Subsection (22AD) applies if— (a) the analysis by means of a breath analysing instrument of a specimen of breath of a person required by a police officer to be provided under a relevant provision indicates that the person is over the general alcohol limit; or (b) the analysis by means of a saliva analysing instrument of a specimen of saliva of a person required by a police officer to be provided under a relevant provision indicates that a relevant drug is present in the person’s saliva; or (c) a person required to provide a specimen of breath, or a specimen of saliva for saliva analysis, as mentioned in paragraph (a) or (b) fails to provide the specimen as prescribed under subsections (8) to (8L); or (d) a person has been arrested for an offence under section 79(7A) but has not been required by a police officer to provide a specimen of breath for analysis or a specimen of blood for a laboratory test under subsection (8) or (8C) for any of the following reasons— (i) the person is violent; 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36

Page 64 Authorised by the Parliamentary Counsel [s 36] Transport and Other Legislation (Managing E-mobility Use and Protecting Our Communities) Amendment Bill 2026 Part 6 Amendment of Transport Operations (Road Use Management) Act 1995 (ii) because of the external signs exhibited by the person, the police officer reasonably believes the person is so affected by alcohol or a drug as to be unable to provide the specimen; (iii) because of the remoteness of the area— (A) a breath analysing instrument is not available to analyse a specimen of the person’s breath; or (B) a doctor or nurse is not available to take a specimen of blood from the person for a laboratory test or to direct a qualified assistant to take the specimen; or (e) a person who is required by a police officer under a relevant provision to provide a specimen of the person’s blood for a laboratory test permits a specimen of the person’s blood to be taken for that purpose and the police officer then requires the person to provide a specimen of breath for a breath test, or saliva for a saliva test, by the officer, and— (i) it appears to the police officer as a result of the breath test carried out by the officer that the device by means of which the test is carried out indicates that the person is over the general alcohol limit; or (ii) it appears to the police officer in consequence of the saliva test carried out by the officer that the device by means of which the test is carried out indicates a relevant drug is present in the person’s saliva; or 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37

Page 65 Authorised by the Parliamentary Counsel [s 36] Transport and Other Legislation (Managing E-mobility Use and Protecting Our Communities) Amendment Bill 2026 Part 6 Amendment of Transport Operations (Road Use Management) Act 1995 (iii) the person fails to provide a specimen of breath or saliva; or (f) a person who is required by a police officer under a relevant provision, or under subsection (9) in relation to a relevant provision, to provide a specimen of the person’s blood for a laboratory test fails to provide the specimen; or (g) a specimen of a person’s blood is taken under a relevant provision, or under another provision of this section in relation to a relevant provision, for a laboratory test and a doctor or nurse certifies in writing to the police officer who made the requisition for the provision or taking of the specimen of blood that, in respect of the person concerned, the case is a proper one for the person to be prohibited from riding a bicycle or personal mobility device for a period of 8 hours. (22AD) Prohibition from riding bicycle or personal mobility device The person is prohibited from riding a bicycle or personal mobility device for a period of 8 hours from when— (a) the analysis mentioned in subsection (22AC)(a) or (b) was made; or (b) the requirement mentioned in subsection (22AC)(c) or (f) was made; or (c) the arrest mentioned in subsection (22AC)(d) was made; or (d) the requirement to provide a specimen of breath or saliva mentioned in subsection (22AC)(e) was made; or (e) a certificate in writing mentioned in subsection (22AC)(g) was given. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36

Page 66 Authorised by the Parliamentary Counsel [s 36] Transport and Other Legislation (Managing E-mobility Use and Protecting Our Communities) Amendment Bill 2026 Part 6 Amendment of Transport Operations (Road Use Management) Act 1995 (22AE) Police officer to give notice of prohibition The police officer who required a specimen mentioned in subsection (22AC) from a person (an affected person), or who arrested a person (also an affected person) as mentioned in subsection (22AC)(d) but did not request a specimen from the person, must sign and deliver to the affected person (or to another person on behalf of the affected person at the request of that other person) a notice in writing that the affected person is prohibited as prescribed by subsection (22AD) for the period of 8 hours starting at the time stated in the notice. (14) Section 80(22B), after ‘(22)’— insert— or (22AC) (15) Section 80(22C), after ‘(22AA)’— insert— or the prohibition from riding a bicycle or personal mobility device under subsection (22AD) (16) Section 80— insert— (22DA) Offence of riding bicycle or personal mobility device while prohibited under subsection (22AD) A person who rides a bicycle or personal mobility device on a road, on a road-related area or in a public place while prohibited under subsection (22AD) is guilty of an offence. Maximum penalty—14 penalty units. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31

Page 67 Authorised by the Parliamentary Counsel [s 37] Transport and Other Legislation (Managing E-mobility Use and Protecting Our Communities) Amendment Bill 2026 Part 6 Amendment of Transport Operations (Road Use Management) Act 1995 37 Amendment of s 84AA (Driving particular vehicles without due care and attention on road-related areas) (1) Section 84AA, heading, ‘Driving’— omit, insert— Riding (2) Section 84AA, ‘drives’— omit, insert— rides 38 Insertion of new ss 84B and 84C After section 84A— insert— 84B Riding prohibited bikes in public (1) A person must not ride a prohibited bike on a road, on a road-related area or in a public place. Maximum penalty—40 penalty units. (2) It is a defence to a charge under subsection (1) for the person to prove the prohibited bike is— (a) being ridden in a public place to participate in an organised competition or show happening at the place with the consent of the owner or occupier of the place; or Examples of organised competition or show— • a freestyle motocross competition • a racing event • an agricultural show • a circus (b) a vehicle to which the Transport Operations (Road Use Management—Vehicle Registration) Regulation 2021, section 10(2) applies. Clause 1 2 3 4 5 6 7 8 Clause 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30

Page 68 Authorised by the Parliamentary Counsel [s 38] Transport and Other Legislation (Managing E-mobility Use and Protecting Our Communities) Amendment Bill 2026 Part 6 Amendment of Transport Operations (Road Use Management) Act 1995 (3) If, because a person rides a prohibited bike on a road, the person commits an offence against a provision of a regulation made under this Act— (a) the person may be charged with an offence against either subsection (1) or the provision of the regulation; and (b) the person must not be— (i) charged with both offences; or (ii) given an infringement notice under the State Penalties Enforcement Act 1999 for both offences. (4) In this section— organised competition or show does not include a spontaneous race or gathering of vehicles. 84C False or misleading labelling related to electrically power-assisted cycles (1) A person must not attach, or cause to be attached, to a vehicle a label that purports to be a compliance label, unless the vehicle is an electrically power-assisted cycle. Maximum penalty—30 penalty units. (2) A person must not ride a vehicle on a road, on a road-related area or in a public place if the vehicle— (a) has a compliance label attached to it; and (b) does not comply with the EPAC standard. Maximum penalty—30 penalty units. (3) It is a defence to a charge under subsection (2) for the person to prove the person purchased the vehicle from a retailer in the ordinary course of business and the label was already attached to the vehicle at the time of the purchase. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32

Page 69 Authorised by the Parliamentary Counsel [s 39] Transport and Other Legislation (Managing E-mobility Use and Protecting Our Communities) Amendment Bill 2026 Part 6 Amendment of Transport Operations (Road Use Management) Act 1995 (4) In this section— compliance label, in relation to a vehicle, means a permanent label or marking, added by the manufacturer, indicating the vehicle complies with the EPAC standard. manufacturer, of a vehicle, includes anyone who assembles or prepares the vehicle before its sale by a retailer. retailer means a business that purports to sell electrically power-assisted cycles, regardless of what other items the business also sells. 39 Amendment of ch 5, pt 7, hdg Chapter 5, part 7, after ‘devices’— insert— and testing 40 Insertion of new ch 5, pt 7, div 3 After section 121— insert— Division 3 Approved testing devices 121A Approved testing devices for particular vehicles (1) The chief executive or commissioner may, by signed certificate, approve a device or system (an approved testing device) for— (a) testing a vehicle to assess whether it is an electrically power-assisted cycle, personal mobility device or prohibited bike; or (b) testing a vehicle to assess whether it complies with the EPAC standard. 1 2 3 4 5 6 7 8 9 10 11 Clause 12 13 14 15 Clause 16 17 18 19 20 21 22 23 24 25 26 27 28 29