84CFalse 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 has a compliance label attached to it but the vehicle is not an electrically power-assisted cycle.
Maximum penalty—30 penalty units.
(3) It is a defence to a charge under subsection (1) or (2) for the person to prove that—
(a) the person purchased the vehicle from a retailer in the ordinary course of business and—
(i) the compliance label was already attached to the vehicle when purchased from the retailer; or
(ii) the person attached the compliance label to the vehicle in accordance with instructions provided by the retailer or the manufacturer of the vehicle; or
(b) the person attached the compliance label to the vehicle—
(i) as a retailer or an employee of a retailer; and
(ii) based on information provided by the manufacturer of the vehicle.
(4) In this section—
- compliance label
- compliance label, in relation to a vehicle, means a permanent label or marking indicating that the vehicle—
(a) if the vehicle has been verified as a legacy EPAC—is a legacy EPAC; or
(b) if the vehicle has been verified as a special purpose EPAC—is a special purpose EPAC; or
(c) otherwise—complies with the EPAC standard.
- manufacturer
- manufacturer, of a vehicle, includes anyone who assembles or prepares the vehicle before its sale by a retailer.
- retailer
- retailer means a business that purports to sell electrically power-assisted cycles, regardless of what other items the business also sells.