s 23C Appropriate supervisor’s duties for under-aged riding
23C.—(1) Subject to this Act, an appropriate supervisor with prescribed qualifications referred to in section 23B(1)(b)(ii) commits an offence if —(a) he or she is, by agreement, understanding or other arrangement of any kind with an under‑aged rider, the appropriate supervisor for the purposes of this section or section 23A to escort the under‑aged rider when riding a motorised personal mobility device on a shared path; and (b) he or she fails to take, so far as is reasonable and practicable, such measures as are necessary —(i) to ensure that the under‑aged rider does not ride in contravention of this Part and Part 3A, and in a manner that is dangerous to people or property; and (ii) to carry out any other duties where prescribed in relation to the appropriate supervisor or the motorised personal mobility device.[9/2020] (2) Where in any proceedings for an offence under subsection (1), it is alleged that an appropriate supervisor failed to do something so far as is reasonable and practicable in relation to a requirement in subsection (1)(b), it is for the accused to prove, on a balance of probabilities, that —(a) it was not reasonable or not practicable to do more than what was in fact done to satisfy that requirement; and (b) there was no better practicable means than was in fact used to satisfy that requirement.[9/2020] (3) 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]