s 23B Facilitating under-aged riding
23B.—(1) Subject to subsections (3) and (4), a person commits an offence if —(a) the person invites, allows or facilitates an individual to ride a motorised personal mobility device on a shared path when the individual is below the prescribed minimum riding age for riding the motorised personal mobility device on the shared path; (b) the person knows that, or is negligent as to whether, both the following circumstances apply:(i) the individual is below the prescribed minimum riding age for riding the motorised personal mobility device on that shared path; (ii) the individual is not escorted or to be escorted while so riding, by an appropriate supervisor (whether or not a parent or guardian) who has the prescribed qualifications; and (c) the individual does ride a motorised personal mobility device on a shared path when an under‑aged rider.[9/2020] (2) A person who is guilty of an offence under subsection (1) shall be liable on conviction —(a) to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 3 months or to both; but (b) where the person is a repeat offender, to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both.[9/2020] (3) In any proceedings for an offence under subsection (1), it is a defence for the accused to prove, on a balance of probabilities, that the accused —(a) had reasonable grounds to believe and did make reasonable inquiries to ascertain that the individual riding or about to ride a motorised personal mobility device on a shared path was not an under‑aged rider; or (b) had received from the individual riding or about to ride a motorised personal mobility device on a shared path, evidence purporting to show that that individual was not an under‑aged rider, and that it was reasonable to and the accused did accept that evidence as correct.[9/2020] (4) In this section, “facilitate”, in relation to an individual riding a motorised personal mobility device on a shared path, means any conduct by a person that enables or aids the individual to ride the motorised personal mobility device on a shared path where either the person —(a) intends that the conduct would enable or aid the individual to ride the motorised personal mobility device on a shared path; or (b) is reckless as to whether or not the conduct would enable or aid the individual to ride the motorised personal mobility device on a shared path, but excludes mere advertising and selling (but not letting for hire) a motorised personal mobility device. [9/2020] (5) To avoid doubt, subsection (1) does not limit the term “abetment” under the Penal Code 1871.[9/2020]