Page:Small Motorised Vehicles (Safety) Act 2020.pdf/12

12 (5) In subsection (4), “repeat offender” means a person who—
 * (a) is convicted, or found guilty, of an offence under subsection (1), (2) or (3) (called the current offence); and
 * (b) has been convicted or found guilty, on at least one other earlier occasion within the period of 5 years immediately before the date on which the person is convicted or found guilty of the current offence, of the same offence.

(6) In proceedings for an offence under subsection (1) or (3), it is a defence to the charge for the accused to prove, on a balance of probabilities, that—
 * (a) the use of the small motorised vehicle for another purpose was authorised by the Authority; or
 * (b) the contravention or failure to comply with a condition of an import approval was authorised by the Authority.

PART 3 ENFORCEMENT Purpose for which enforcement powers are exercisable by authorised officers

9.—(1) An authorised officer may exercise the powers set out in sections 10 and 11 for any of the following purposes:
 * (a) to investigate an offence under this Act reasonably believed to have been committed;
 * (b) to determine compliance with any condition of an import approval for the import of any small motorised vehicle;
 * (c) to determine whether information provided to the Authority under this Act is correct;
 * (d) to investigate whether there are grounds for taking any action under section 7 against a person granted an import approval.