Amusement Rides Safety Act 2011

any malfunction of the amusement ride;

any accident arising from the operation of the amusement ride;

any occurrence of fire on the amusement ride or any part thereof (including the spread of smoke or any other harmful emission arising from such fire);

the collapse, breakage, dislodgement or disengagement of any structure or component of the amusement ride;

any occurrence arising from the operation of the amusement ride that results or is likely to result in —

any injury to, or the death of, any person who is using or operating, or in the vicinity of, the amusement ride; or

any person being stranded or trapped on or in any part of the amusement ride; and

such other occurrence as may be prescribed as an adverse incident for the purposes of this Act;

is designed to carry patrons on, along, around, over or through a fixed or restricted course, or within a defined area, for the primary purpose of giving those patrons amusement, pleasure, thrills or excitement; and

is available for use by members of the public upon their payment of a fee or otherwise,whether or not that device or combination of devices is erected to remain as a lasting part of any premises or is regularly relocated, and —

includes such other device or combination of devices as may be prescribed to be an amusement ride for the purposes of this Act; but(d)does not include any —

coin-operated ride;

playground equipment; or

device or combination of devices which is prescribed as not being an amusement ride for the purposes of this Act;

is fixed to a non-moving base; and

upon the insertion of any coin, slug, token, plate or disc, operates as a ride for children;

any part of the structure of the amusement ride;

any chair, car, capsule, cabin, gondola, boat, raft, vehicle or other conveyance which forms part of the amusement ride;

any cable, chain, rope or cord used for the purposes of the amusement ride; and

any electrical gadget, switch or device or any computer hardware or software used in connection with the operation of the amusement ride;

whose expertise is or includes the carrying out of procedures (including inspections, tests and certifications) for determining whether the design and specifications, the proposed installation method and programme or the proposed modification method and programme relating to a major amusement ride or the major modification thereof conform to any given technical standard or requirement; and

who satisfies the prescribed requirements;

in relation to an amusement ride — the design and specifications (including any plans and calculations) of or relating to —

the machinery, equipment and plant connected to, or used in connection with, the amusement ride;

the structure and components of the amusement ride;

the materials used to construct the amusement ride;

the stability and structural integrity of the amusement ride; and

such other aspects of the amusement ride as may be prescribed; and

in relation to any major modification to be carried out on an amusement ride — the design and specifications (including any plans and calculations) in accordance with which any aspect of the amusement ride mentioned in paragraph (a)(i) to (v) is to be modified pursuant to the major modification;

addressing —

any occurrence of fire on the amusement ride or any part thereof (including the spread of smoke or any other harmful emission arising from such fire);

any occurrence arising from the operation of the amusement ride that results or is likely to result in any person being injured, stranded or trapped on or in any part of the amusement ride; and

such other occurrence arising from the operation of the amusement ride as may be prescribed;

giving warning of any occurrence mentioned in paragraph (a), or of the likelihood of any such occurrence;

providing a means of rescue, escape or evacuation of persons from the amusement ride in the event of any occurrence mentioned in paragraph (a); and

providing access to any premises or place for the purpose of addressing any occurrence mentioned in paragraph (a);

in relation to any premises — the person for the time being receiving the rents or profits for the lease of the premises, whether on the person’s own account or as agent or trustee for any other person, or who would so receive the rents or profits if the premises were so leased, and includes the person whose name is entered in the Valuation List prepared under section 10 of the Property Tax Act 1960; and

in relation to an amusement ride — the person for the time being receiving the rents or profits for the lease of the amusement ride, whether on the person’s own account or as agent or trustee for any other person, or who would so receive the rents or profits if the amusement ride were so leased;

the person who holds the operating permit in respect of the amusement ride; or

if no person holds an operating permit in respect of the amusement ride for the time being — any of the following persons:

the owner of the amusement ride or the person who has the charge, management or control of the amusement ride;

the owner of the premises on which the amusement ride is installed;

where the amusement ride is installed in an approved place within the meaning of section 2 of the Public Entertainments Act 1958, and despite the amusement ride not being a public entertainment within the meaning of that section, the holder of a licence under that Act in respect of the public entertainment that is provided at that approved place;

the person who is allowed by virtue of section 75 to operate the amusement ride without an operating permit; or

any other person who is prescribed to be the person responsible for the amusement ride for the purposes of this Act;

is registered as a specialist professional engineer in the discipline of amusement ride engineering under the Professional Engineers Act 1991; and

has in force a specialist practising certificate issued under that Act;

the activation and exercise of mechanical control of the amusement ride;

the driving or steering of any vehicle, boat or other conveyance that forms part of the amusement ride;

the control of the number of patrons allowed on the amusement ride at any one time and the supervision of the boarding or alighting of those patrons;

the giving of directions to patrons regarding their use of the amusement ride and the safety measures to be observed by them when using the amusement ride; and

any other task or activity prescribed as being an aspect of the routine operation of the amusement ride for the purposes of this Act;

by or under any provision of this Act, any act or thing is required or directed to be done within a particular period or before a particular time;

failure to do that act or thing within the period or before the time mentioned in paragraph (a) constitutes an offence; and

that act or thing is not done within the period or before the time mentioned in paragraph (a),the obligation to do that act or thing continues, even though that period has expired or that time has passed, until that act or thing is done; and if the failure to do that act or thing within the period or before the time mentioned in paragraph (a) is an offence, a person shall be guilty of a separate offence in respect of each day (including the day of a conviction for any such offence or any later day) or part of a day during which the person continues to refuse or fail to comply with that requirement or direction.

public officers; or

persons in the employment of the Authority or such other public authority constituted by any written law as the Minister may approve for the purpose,any number of enforcement officers that the Commissioner considers necessary for the purpose of assisting him or her in administering and enforcing this Act.

to a fine not exceeding $200,000 or to imprisonment for a term not exceeding 2 years or to both; and

in respect of a continuing contravention, to an additional fine not exceeding $1,000 for each day or part of a day during which the contravention continues,and if the contravention continues after the conviction, the person shall be guilty of a further offence and shall be liable on conviction of this further offence to a further fine not exceeding $2,000 for every day or part of a day during which the contravention continues after conviction.

by written notice, require the person who is carrying out, or who has caused, permitted or authorised the carrying out of, the installation works to take or cause to be taken, at the expense of that person and within the time stipulated in the notice, all such measures as may be specified in the notice to secure the cessation of the installation works; or

take or cause to be taken all measures that the Commissioner thinks necessary to secure the cessation of the installation works and recover from the person mentioned in paragraph (a) by way of a civil suit all costs and expenses reasonably incurred by the Commissioner in taking or causing those measures to be taken.

that person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 6 months or to both; and

the Commissioner may take or cause to be taken all measures that the Commissioner thinks necessary to secure the cessation of the installation works, including those measures specified in the notice, and recover from the person in default by way of a civil suit all costs and expenses reasonably incurred by the Commissioner in taking or causing those measures to be taken.

the closure or cordoning off of the premises on which the installation works are being carried out; and

the dismantling of any part of the amusement ride that has already been installed.

any machinery, equipment or plant connected or used in connection with the amusement ride being installed or with the installation works relating thereto; or

any component of the amusement ride being installed.

be made to the Commissioner in such form and manner as the Commissioner may require;

be submitted to the Commissioner together with any documents and particulars that the Commissioner may require; and

be accompanied by the prescribed fee.

appoint a qualified person to —

review the design and specifications and the proposed installation method and programme of the amusement ride to be installed and certify that they conform to the prescribed requirements;

supervise the installation works; and

inspect and certify the amusement ride under section 12 upon the completion of its installation,for which purpose either the same qualified person may be appointed to carry out all of the functions mentioned in sub‑paragraphs (i), (ii) and (iii), or a different qualified person may be appointed to carry out each of those functions;

where applicable, apply, in accordance with section 5 of the Building Control Act 1989, to the Commissioner of Building Control for approval of the plans of any building works relating to any building which forms part of the amusement ride to be installed or to which the amusement ride is connected; and

apply, in accordance with section 36, to the Commissioner of Civil Defence for the approval of the design and plans of the fire and rescue management system of the amusement ride to be installed.

subject to subsection (4), issue an installation permit to the applicant —

in such form or manner as the Commissioner may determine; and

subject to such conditions as the Commissioner thinks fit to impose;

in writing direct the applicant, at the applicant’s own expense and within the time specified in the direction, to —

make such alterations or amendments as the Commissioner may require to either or both the design and specifications and the proposed installation method and programme of the amusement ride;

take such measures as the Commissioner may specify for the purpose of ensuring that the installation works will conform to the prescribed requirements; and

resubmit the application for the installation permit upon having made those alterations or amendments or taken those measures; or

refuse to issue the installation permit, in which case the Commissioner must, if requested to do so by the applicant, state in writing the reasons for the refusal.

the applicant —

is a fit and appropriate person to be issued an installation permit; and

satisfies the prescribed requirements;

the design and specifications and the proposed installation method and programme of the amusement ride to be installed have been reviewed in accordance with section 46 by a qualified person appointed by the applicant under subsection (2)(a)(i) and certified by the qualified person as conforming to the prescribed requirements;

where applicable, the plans of any building works relating to any building which forms part of the amusement ride to be installed, or to which the amusement ride is connected, have been approved by the Commissioner of Building Control under section 5 of the Building Control Act 1989;

the design and plans of the fire and rescue management system of the amusement ride to be installed have been approved by the Commissioner of Civil Defence under section 36(3)(a); and

the installation works will be carried out under the supervision of a qualified person appointed by the applicant under subsection (2)(a)(ii) (whether or not the qualified person is the same qualified person mentioned in paragraph (b) or a different qualified person).

the holder of an installation permit;

any person who is directly engaged in the carrying out of the installation works authorised by the installation permit; and

the qualified person supervising the installation works,to ensure that the installation works are at all times carried out in accordance with —

the design and specifications and the proposed installation method and programme, as authorised by the installation permit;

the conditions of the installation permit;

the prescribed requirements; and

any direction given by the Commissioner in respect of the installation works.

any requirement under subsection (1) or (2) has not been or is not being complied with; or

the installation works are dangerous or liable to pose a danger to persons who are employed in connection with the installation works, or who are using or operating, or in the vicinity of, the amusement ride being installed,the Commissioner may, without revoking or suspending the installation permit under section 11, direct the holder of the installation permit or the person directly engaged in carrying out the installation works to —

cease the installation works or part thereof, either immediately or within such time as may be specified by the Commissioner; and

where necessary, take, at the expense of the person to whom the direction is given, such remedial measures as the Commissioner may require,and the installation works or part thereof (as the case may be) must not be resumed without the written consent of the Commissioner.

will comply with the requirements under subsections (1) and (2); and

will not pose a danger to any person.

to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 12 months or to both; and

in respect of a continuing contravention, to an additional fine not exceeding $500 for each day or part of a day during which the contravention continues,and if the contravention continues after the conviction, the holder of the installation permit shall be guilty of a further offence and shall be liable on conviction of this further offence to a further fine not exceeding $1,000 for every day or part of a day during which the contravention continues after conviction.

to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 12 months or to both; and

in respect of a continuing contravention, to an additional fine not exceeding $500 for each day or part of a day during which the contravention continues,and if the contravention continues after the conviction, the person shall be guilty of a further offence and shall be liable on conviction of this further offence to a further fine not exceeding $1,000 for every day or part of a day during which the contravention continues after conviction.

fails to comply with the direction; or

resumes the installation works without the written consent of the Commissioner,that person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 12 months or to both.

the holder of an installation permit;

any person who is directly engaged in the carrying out of the installation works authorised by the installation permit; or

the qualified person supervising the installation works,knows or ought reasonably to know of any contravention of this Act relating to the carrying out of the installation works, it is the duty of that person to notify the Commissioner, as soon as practicable, of the contravention.

on his or her own volition; or

on an application made by the holder of an installation permit,at any time alter (whether by adding to, varying or revoking) the conditions of an installation permit.

stating that the Commissioner proposes to alter the conditions of the installation permit in the manner specified in the notice; and

specifying the time (being not less than 14 days from the date the notice is served on the holder of the installation permit) within which written representation with respect to the proposed alteration of conditions may be made.

specifying the alteration made to the conditions of the installation permit; and

requiring the holder of the installation permit to comply with the altered conditions of the installation permit as from the date specified in the direction.

specify the alteration required by the applicant and the reasons therefor; and

be accompanied by —

such documents and particulars as the Commissioner may require; and

the prescribed fee.

specifying the alteration made to the conditions of the installation permit; and

requiring the holder of the installation permit to comply with the altered conditions of the installation permit as from the date specified in the direction.

if the holder of the installation permit —

dies, is wound up or otherwise dissolved, whether in Singapore or elsewhere; or

ceases to be the person for whom the amusement ride is to be installed or the person carrying out the installation works, as the case may be;

if the qualified person appointed by the holder of the installation permit under section 6(2)(a)(ii) to supervise the installation works has vacated his or her appointment and the holder of the installation permit has failed to appoint a substitute qualified person to supervise the installation works and to notify the Commissioner of the substitute appointment in accordance with section 41(1)(b)(i) and (ii); or

in the event of such other occurrence or in such other circumstances as may be prescribed.

the installation works authorised by the installation permit, having commenced, are suspended for a continuous period of more than 3 months;

in the Commissioner’s opinion, the holder of the installation permit has contravened or is contravening, or the installation works authorised by the installation permit have been or are being carried out in a manner which contravenes —

any condition of the installation permit;

any prescribed requirement; or

any direction given by the Commissioner in respect of the installation works;

the Commissioner has reason to believe that the installation permit had been obtained by fraud or misrepresentation;

the Commissioner becomes aware of any circumstance that would have required or permitted him or her to refuse to issue the installation permit had the Commissioner been aware of the circumstance immediately before issuing the installation permit; or

the Commissioner considers it in the public interest to revoke the installation permit.

suspend an installation permit for a specific period instead of revoking it under subsection (2); and

at any time extend or rescind the suspension.

the holder of the installation permit —

has been declared bankrupt or has gone into compulsory or voluntary liquidation other than for the purpose of amalgamation or reconstruction; or

is in the course of being wound up or otherwise dissolved, whether in Singapore or elsewhere;

a receiver, a receiver and manager or an equivalent person has been appointed, whether in Singapore or elsewhere, in relation to or in respect of any property of the holder of the installation permit; or

the holder of the installation permit has been convicted —

of an offence under this Act; or

whether in Singapore or elsewhere, of an offence involving fraud or dishonesty or the conviction for which involved a finding that the holder of the installation permit had acted fraudulently or dishonestly.

the person holds a valid operating permit and operates the amusement ride in accordance with the conditions of the operating permit; and

at all times when the amusement ride is being operated —

the amusement ride is in a state of good repair and safe working condition, and is fit for operation;

there is in force a certificate of compliance in respect of the fire and rescue management system of the amusement ride, and the fire and rescue management system of the amusement ride complies with such requirements (if any) as may be prescribed under section 38;

there is in force an insurance covering the person responsible for the amusement ride against liability for any injury to, or the death of, any person arising out of the operation or use of the amusement ride in an amount that is not less than the prescribed minimum limits; and

there is appointed in respect of the amusement ride at least one ride manager to oversee, manage and supervise the daily routine operation and maintenance of the amusement ride.

to a fine not exceeding $200,000 or to imprisonment for a term not exceeding 2 years or to both; and

in respect of a continuing contravention, to an additional fine not exceeding $1,000 for each day or part of a day during which the contravention continues,and if the contravention continues after the conviction, the person shall be guilty of a further offence and shall be liable on conviction of this further offence to a further fine not exceeding $2,000 for every day or part of a day during which the contravention continues after conviction.

by written notice, require the person responsible for the amusement ride to take or cause to be taken (at the expense of such person and within such time as may be stipulated in the notice) all such measures as may be specified in the notice to secure the cessation of the operation of the amusement ride; or

take or cause to be taken all such measures that the Commissioner thinks necessary to secure the cessation of the operation of the amusement ride and recover from the person responsible for the amusement ride by way of a civil suit all costs and expenses reasonably incurred by the Commissioner in taking or causing those measures to be taken.

that person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 6 months or to both; and

the Commissioner may take or cause to be taken all measures that he or she thinks necessary to secure the cessation of the operation of the amusement ride, including those measures specified in the notice, and recover from the person in default by way of a civil suit all costs and expenses reasonably incurred by the Commissioner in taking or causing those measures to be taken.

the closure or cordoning off of the amusement ride; and

the dismantling of the whole or any part of the amusement ride.

any machinery, equipment or plant connected or used in connection with the amusement ride; or

any component of the amusement ride.

be made to the Commissioner in such form and manner as the Commissioner may require;

be submitted to the Commissioner together with such documents and particulars as the Commissioner may require; and

be accompanied by the prescribed fee.

subject to subsection (3), issue an operating permit to the applicant —

in such form or manner as the Commissioner may determine; and

subject to such conditions as the Commissioner thinks fit to impose;

in writing direct the applicant, at the applicant’s own expense and within the time specified in the direction, to —

take such measures or comply with such requirements (including the carrying out of any works or modifications to the amusement ride) as the Commissioner may specify for the purpose of ensuring that the amusement ride conforms to the prescribed requirements; and

resubmit the application for the operating permit upon having taken those measures or complied with those requirements; or

refuse to issue the operating permit, in which case the Commissioner must, if requested by the applicant, state in writing the reasons for the refusal.

the applicant —

is a fit and appropriate person to be issued an operating permit; and

satisfies the prescribed requirements;

the amusement ride in respect of which the operating permit is sought —

has (as the case requires) been inspected and certified by a qualified person —

under section 12 upon the completion of its installation;

under section 30 upon the completion of its major modification; or

in accordance with the regulations, in any case to which sub‑paragraph (A) or (B) does not apply; and

satisfies the prescribed requirements;

where applicable, the Commissioner of Building Control has issued a certificate of statutory completion or granted a temporary occupation permit under section 12 of the Building Control Act 1989 in respect of any building which forms part of the amusement ride or to which the amusement ride is connected;

the Commissioner of Civil Defence has issued a certificate of compliance under section 36 in respect of the fire and rescue management system of the amusement ride, and the fire and rescue management system of the amusement ride complies with such requirements (if any) as may be prescribed under section 38;

there will be in force for the duration of the operating permit (if issued) an insurance covering the person responsible for the amusement ride against liability for any injury to, or the death of, any person arising out of the operation or use of the amusement ride in an amount that is not less than the prescribed minimum limit; and

the applicant has appointed at least one ride manager under section 16 to oversee, manage and supervise the daily routine operation and maintenance of the amusement ride at all times when the amusement ride is in operation.

is valid, unless it has earlier lapsed or been revoked or suspended, for such period, not exceeding 12 months starting on the date of its issue, as may be specified in the operating permit; and

may be renewed upon its expiry.

both the holder of the operating permit and the ride manager must each, within 14 days after the vacation of the appointment, notify the Commissioner of that fact; and

the holder of the operating permit must —

without delay appoint under subsection (1) another ride manager to substitute the firstmentioned ride manager; and

within 7 days thereafter, notify the Commissioner of that substitute appointment.

to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 6 months or to both; and

in respect of a continuing contravention, to an additional fine not exceeding $500 for each day or part of a day during which the contravention continues,and if the contravention continues after the conviction, the holder of the operating permit shall be guilty of a further offence and shall be liable on conviction of this further offence to a further fine not exceeding $1,000 for every day or part of a day during which the contravention continues after conviction.

take all reasonable steps and exercise all due diligence to oversee, manage and supervise the daily routine operation and maintenance of the amusement ride in accordance with —

the conditions of the operating permit issued in respect of the amusement ride;

the prescribed requirements; and

any direction given by the Commissioner in respect of the operation of the amusement ride; and

carry out such other duties as may be prescribed.

to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 6 months or to both; and

in respect of a continuing contravention, to an additional fine not exceeding $500 for each day or part of a day during which the contravention continues,and if the contravention continues after the conviction, the ride manager shall be guilty of a further offence and shall be liable on conviction of this further offence to a further fine not exceeding $1,000 for every day or part of a day during which the contravention continues after conviction.

ensure that at all times the amusement ride is operated safely and in a manner which —

does not endanger, and is not likely to endanger, the safety of persons who are using or operating, or in the vicinity of, the amusement ride;

is in accordance with the operating method of the amusement ride; and

complies with —

the conditions of the operating permit issued in respect of the amusement ride;

the prescribed requirements; and

any direction given by the Commissioner in respect of the operation of the amusement ride; and

take every precaution as is reasonable in the circumstances for the protection of persons who are using or operating, or in the vicinity of, the amusement ride.

cease the operation of the amusement ride, either immediately or within such time as the Commissioner may specify; and

take, at the expense of the holder of the operating permit, such remedial measures as the Commissioner may require,and the operation of the amusement ride must not be resumed without the written consent of the Commissioner.

will comply with the requirements under subsection (1); and

will not pose a danger to any person.

to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 12 months or to both; and

in respect of a continuing contravention, to an additional fine not exceeding $500 for each day or part of a day during which the contravention continues,and if the contravention continues after the conviction, the holder of the operating permit shall be guilty of a further offence and shall be liable on conviction of this further offence to a further fine not exceeding $1,000 for every day or part of a day during which the contravention continues after conviction.

fails to comply with the direction; or

resumes the operation of the amusement ride without the written consent of the Commissioner,the holder of the operating permit shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 6 months or to both.

on his or her own volition; or

on an application made by the holder of an operating permit,at any time alter (whether by adding to, varying or revoking) the conditions of an operating permit.

stating that the Commissioner proposes to alter the conditions of the operating permit in the manner specified in the notice; and

specifying the time (being not less than 14 days from the date the notice is served on the holder of the operating permit) within which written representations with respect to the proposed alteration of conditions may be made.

specifying the alteration made to the conditions of the operating permit; and

requiring the holder of the operating permit to comply with the altered conditions of the operating permit as from the date specified in the direction.

specify the alteration required by the applicant and the reasons therefor; and

be accompanied by —

such documents and particulars as the Commissioner may require; and

the prescribed fee.

specifying the alteration made to the conditions of the operating permit; and

requiring the holder of the operating permit to comply with the altered conditions of the operating permit as from the date specified in the direction.

if the holder of the operating permit —

dies, is wound up or otherwise dissolved, whether in Singapore or elsewhere; or

ceases to be the operator of the amusement ride;

if the insurance required under section 13(1)(b)(iii) ceases to be in force; or

in the event of such other occurrence or in such other circumstances as may be prescribed.

the amusement ride (not being an amusement ride that is capable of being relocated) has not been in operation for a continuous period of more than 3 months;

in the Commissioner’s opinion, the holder of the operating permit has contravened or is contravening, or the operation of the amusement ride has been or is being carried out in a manner which contravenes —

any condition of the operating permit;

any prescribed requirement; or

any direction given by the Commissioner in respect of the operation of the amusement ride;

the Commissioner has reason to believe that the operating permit had been obtained by fraud or misrepresentation;

the Commissioner becomes aware of any circumstance that would have required or permitted him or her to refuse to issue the operating permit had the Commissioner been aware of the circumstance immediately before issuing the operating permit; or

the Commissioner considers it in the public interest to revoke the operating permit.

suspend an operating permit for a specific period instead of revoking it under subsection (2); and

at any time extend or rescind the suspension.

the holder of the operating permit —

has been declared bankrupt or has gone into compulsory or voluntary liquidation other than for the purpose of amalgamation or reconstruction; or

is in the course of being wound up or otherwise dissolved, whether in Singapore or elsewhere;

a receiver, a receiver and manager or an equivalent person has been appointed, whether in Singapore or elsewhere, in relation to or in respect of any property of the holder of the operating permit;

the holder of the operating permit has been convicted —

of an offence under this Act; or

whether in Singapore or elsewhere, of an offence involving fraud or dishonesty or the conviction for which involved a finding that the holder of the operating permit had acted fraudulently or dishonestly; or

the Commissioner of Civil Defence has, under section 37, withdrawn the certificate of compliance that has been issued in respect of the fire and rescue management system of the amusement ride being operated by the holder of the operating permit.

to a fine not exceeding $200,000 or to imprisonment for a term not exceeding 2 years or to both; and

in respect of a continuing contravention, to an additional fine not exceeding $1,000 for each day or part of a day during which the contravention continues,and if the contravention continues after the conviction, the person shall be guilty of a further offence and shall be liable on conviction of this further offence to a further fine not exceeding $2,000 for every day or part of a day during which the contravention continues after conviction.

by written notice, require the person who is carrying out, or who has caused, permitted or authorised the carrying out of, the modification works to take or cause to be taken, at the expense of such person and within such time as may be stipulated in the notice, all such measures as may be specified in the notice to secure the cessation of the modification works; or

take or cause to be taken all measures that the Commissioner thinks necessary to secure the cessation of the modification works and recover from the person mentioned in paragraph (a) by way of a civil suit all costs and expenses reasonably incurred by the Commissioner in taking or causing those measures to be taken.

that person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 6 months or to both; and

the Commissioner may take or cause to be taken all measures that he or she thinks necessary to secure the cessation of the modification works, including those measures specified in the notice, and recover from the person in default by way of a civil suit all costs and expenses reasonably incurred by the Commissioner in taking or causing those measures to be taken.

the closure or cordoning off of the premises on which the modification works are being carried out; and

the dismantling of any part of the amusement ride on which the modification works have been or are being carried out.

any machinery, equipment or plant connected or used in connection with the amusement ride being modified or with the modification works relating thereto; or

any component that has been or is to be incorporated into the amusement ride in connection with the modification works.

be made to the Commissioner in such form and manner as the Commissioner may require;

be submitted to the Commissioner together with such documents and particulars as the Commissioner may require; and

be accompanied by the prescribed fee.

appoint a qualified person to —

review the design and specifications and the proposed modification method and programme of the major modification of the amusement ride and certify that they conform to the prescribed requirements;

supervise the modification works; and

inspect and certify the amusement ride under section 30 upon the completion of its major modification,for which purpose either the same qualified person may be appointed to carry out all of the functions mentioned in sub‑paragraphs (i), (ii) and (iii), or a different qualified person may be appointed to carry out each of those functions;

where applicable, apply, in accordance with section 5 of the Building Control Act 1989, to the Commissioner of Building Control for approval of the plans of any building works relating to any building which forms part of the amusement ride to be modified or to which the amusement ride is connected; and

apply, in accordance with section 36, to the Commissioner of Civil Defence for approval of the design and plans of the fire and rescue management system of the amusement ride as proposed to be modified.

subject to subsection (4), issue a modification permit to the applicant —

in such form or manner as the Commissioner may determine; and

subject to such conditions as the Commissioner thinks fit to impose;

in writing direct the applicant, at the applicant’s own expense and within the time specified in the direction, to —

make such alterations or amendments as the Commissioner may require to either or both the design and specifications and the proposed modification method and programme of the major modification;

take such measures as the Commissioner may specify for the purpose of ensuring that the modification works will conform to the prescribed requirements; and

resubmit the application for the modification permit upon having made those alterations or amendments or taken those measures; or

refuse to issue the modification permit, in which case the Commissioner must, if requested to do so by the applicant, state in writing the reasons for the refusal.

the applicant —

is a fit and appropriate person to be issued a modification permit; and

satisfies the prescribed requirements;

the design and specifications and the proposed modification method and programme of the major modification have been reviewed in accordance with section 46 by a qualified person appointed by the applicant under subsection (2)(a)(i) and certified by the qualified person as conforming to the prescribed requirements;

where applicable, the plans of any building works relating to any building which forms part of the amusement ride to be modified, or to which the amusement ride is to be connected, have been approved by the Commissioner of Building Control under section 5 of the Building Control Act 1989;

the design and plans of the fire and rescue management system of the amusement ride as proposed to be modified have been approved by the Commissioner of Civil Defence under section 36(3)(a); and

the modification works will be carried out under the supervision of a qualified person appointed by the applicant under subsection (2)(a)(ii) (whether or not the qualified person is the same qualified person mentioned in paragraph (b) or a different qualified person).

the holder of a modification permit;

any person who is directly engaged in the carrying out of the modification works authorised by the modification permit; and

the qualified person supervising the modification works,to ensure that the modification works are at all times carried out in accordance with —

the design and specifications and the proposed modification method and programme, as authorised by the modification permit;

the conditions of the modification permit;

the prescribed requirements; and

any direction given by the Commissioner in respect of the modification works.

any requirement under subsection (1) or (2) has not been or is not being complied with; or

the modification works are dangerous or liable to pose a danger to persons who are employed in connection with the modification works, or who are using or operating, or in the vicinity of, the amusement ride being modified,the Commissioner may, without revoking or suspending the modification permit under section 29, direct the holder of the modification permit or the person directly engaged in carrying out the modification works to —

cease the modification works or part thereof, either immediately or within such time as may be specified by the Commissioner; and

where necessary, take, at the expense of the person to whom the direction is given, such remedial measures as the Commissioner may require,and the modification works or part thereof (as the case may be) must not be resumed without the written consent of the Commissioner.

will comply with the requirements under subsections (1) and (2); and

will not pose a danger to any person.

to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 12 months or to both; and

in respect of a continuing contravention, to an additional fine not exceeding $500 for each day or part of a day during which the contravention continues,and if the contravention continues after the conviction, the holder of the modification permit shall be guilty of a further offence and shall be liable on conviction of this further offence to a further fine not exceeding $1,000 for every day or part of a day during which the contravention continues after conviction.

to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 12 months or to both; and

in respect of a continuing contravention, to an additional fine not exceeding $500 for each day or part of a day during which the contravention continues,and if the contravention continues after the conviction, the person shall be guilty of a further offence and shall be liable on conviction of this further offence to a further fine not exceeding $1,000 for every day or part of a day during which the contravention continues after conviction.

fails to comply with the direction; or

resumes the modification works without the written consent of the Commissioner,that person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 6 months or to both.

the holder of a modification permit;

any person who is directly engaged in the carrying out of the modification works authorised by the modification permit; or

the qualified person supervising the modification works,knows or ought reasonably to know of any contravention of this Act relating to the carrying out of the modification works, it is the duty of that person to notify the Commissioner, as soon as practicable, of the contravention.

on his or her own volition; or

on an application made by the holder of a modification permit,at any time alter (whether by adding to, varying or revoking) the conditions of a modification permit.

stating that the Commissioner proposes to alter the conditions of the modification permit in the manner specified in the notice; and

specifying the time (being not less than 14 days from the date the notice is served on the holder of the modification permit) within which written representations with respect to the proposed alteration of conditions may be made.

specifying the alteration made to the conditions of the modification permit; and

requiring the holder of the modification permit to comply with the altered conditions of the modification permit as from the date specified in the direction.

specify the alteration required by the applicant and the reasons therefor; and

be accompanied by —

such documents and particulars as the Commissioner may require; and

the prescribed fee.

specifying the alteration made to the conditions of the modification permit; and

requiring the holder of the modification permit to comply with the altered conditions of the modification permit as from the date specified in the direction.

if the holder of the modification permit —

dies, is wound up or otherwise dissolved, whether in Singapore or elsewhere; or

ceases to be the person carrying out the modification works or for whom the modification works are to be carried out, as the case may be;

if the qualified person appointed by the holder of the modification permit under section 24(2)(a)(ii) to supervise the modification works has vacated his or her appointment and the holder of the modification permit has failed to appoint a substitute qualified person to supervise the modification works and to notify the Commissioner of the substitute appointment in accordance with section 44(1)(b)(i) and (ii); or

in the event of such other occurrence or in such other circumstances as may be prescribed.

the modification works authorised by the modification permit, having commenced, are suspended for a continuous period of more than 3 months;

in the Commissioner’s opinion, the holder of the modification permit has contravened or is contravening, or the modification works authorised by the modification permit have been or are being carried out in a manner which contravenes —

any condition of the modification permit;

any prescribed requirement; or

any direction given by the Commissioner in respect of the modification works;

the Commissioner has reason to believe that the modification permit had been obtained by fraud or misrepresentation;

the Commissioner becomes aware of any circumstance that would have required or permitted him or her to refuse to issue the modification permit had the Commissioner been aware of the circumstance immediately before issuing the modification permit; or

the Commissioner considers it in the public interest to revoke the modification permit.

suspend a modification permit for a specific period instead of revoking it under subsection (2); and

at any time extend or rescind the suspension.

the holder of the modification permit —

has been declared bankrupt or has gone into compulsory or voluntary liquidation other than for the purpose of amalgamation or reconstruction; or

is in the course of being wound up or otherwise dissolved, whether in Singapore or elsewhere;

a receiver, a receiver and manager or an equivalent person has been appointed, whether in Singapore or elsewhere, in relation to or in respect of any property of the holder of the modification permit; or

the holder of the modification permit has been convicted —

of an offence under this Act; or

whether in Singapore or elsewhere, of an offence involving fraud or dishonesty or the conviction for which involved a finding that the holder of the modification permit had acted fraudulently or dishonestly.