In force2020 Revised Edition

Contents

Amusement Rides Safety Act 2011 · 2020 Revised Edition · Part 3 · Operation of Amusement Rides

13. Requirement for operating permit, etc.

(1)

A person must not operate an amusement ride unless —

(a)

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

(b)

at all times when the amusement ride is being operated —

(i)

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

(ii)

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;

(iii)

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

(iv)

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.

(2)

Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction —

(a)

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

(b)

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.

(3)

If any amusement ride is being operated in contravention of subsection (1), the Commissioner may —

(a)

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

(b)

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.

(4)

If the person on whom a notice under subsection (3)(a) is served fails to comply with the notice within the time stipulated in the notice —

(a)

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

(b)

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.

(5)

The measures mentioned in subsections (3)(a) and (b) and (4)(b) include —

(a)

the closure or cordoning off of the amusement ride; and

(b)

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

(6)

In addition to the powers exercisable by him or her under subsection (3) or (4), the Commissioner may, if he or she thinks it necessary for securing the cessation of the operation of an amusement ride in contravention of subsection (1), seize and detain —

(a)

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

(b)

any component of the amusement ride.

(7)

Section 51(2) applies to any item seized and detained under subsection (6).

Terms defined in s 2

amusement ride
Defined · s 2
“amusement ride” means any mechanised or power‑driven device or any combination of such devices, together with any machinery, equipment and plant connected thereto or used in connection therewith, which —(a)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(b)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 —(c)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 —(i)coin-operated ride;(ii)playground equipment; or(iii)device or combination of devices which is prescribed as not being an amusement ride for the purposes of this Act;
Open s 2
certificate of compliance
Defined · s 2
“certificate of compliance” means a certificate of compliance issued by the Commissioner of Civil Defence under section 36(4)(a) in respect of the fire and rescue management system of an amusement ride;
Open s 2
Commissioner
Defined · s 2
“Commissioner” means the Commissioner of Amusement Rides Safety appointed under section 3(1);
Open s 2
component
Defined · s 2
“component”, in relation to an amusement ride, means any part in the entire assembly of parts that make up the amusement ride, and includes —(a)any part of the structure of the amusement ride;(b)any chair, car, capsule, cabin, gondola, boat, raft, vehicle or other conveyance which forms part of the amusement ride;(c)any cable, chain, rope or cord used for the purposes of the amusement ride; and(d)any electrical gadget, switch or device or any computer hardware or software used in connection with the operation of the amusement ride;
Open s 2
fire and rescue management system
Defined · s 2
“fire and rescue management system”, in relation to an amusement ride, means any installation, apparatus or equipment (whether integrated as part of the amusement ride or otherwise) and the protocols and instructions for the activation, operation and use thereof, which are designed to be used for —(a)addressing —(i)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);(ii)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(iii)such other occurrence arising from the operation of the amusement ride as may be prescribed;(b)giving warning of any occurrence mentioned in paragraph (a), or of the likelihood of any such occurrence;(c)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(d)providing access to any premises or place for the purpose of addressing any occurrence mentioned in paragraph (a);
Open s 2
operate
Defined · s 2
“operate”, in relation to an amusement ride, means to cause the amusement ride to be put to function for the purpose of making the use of the amusement ride available to members of the public, whether upon their payment of a fee or otherwise, and “operator” is to be construed accordingly;
Open s 2
operating permit
Defined · s 2
“operating permit” means a permit issued by the Commissioner under section 14 authorising the holder of the permit to operate an amusement ride;
Open s 2
person responsible
Defined · s 2
“person responsible”, in relation to an amusement ride, means —(a)the person who holds the operating permit in respect of the amusement ride; or(b)if no person holds an operating permit in respect of the amusement ride for the time being — any of the following persons:(i)the owner of the amusement ride or the person who has the charge, management or control of the amusement ride;(ii)the owner of the premises on which the amusement ride is installed;(iii)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;(iv)the person who is allowed by virtue of section 75 to operate the amusement ride without an operating permit; or(v)any other person who is prescribed to be the person responsible for the amusement ride for the purposes of this Act;
Open s 2
ride manager
Defined · s 2
“ride manager”, in relation to an amusement ride, means a person appointed under section 16 to oversee, manage and supervise the daily routine operation and maintenance of the amusement ride;
Open s 2
routine operation
Defined · s 2
“routine operation”, in relation to an amusement ride, means the carrying out of any task or activity that is necessary for putting the amusement ride to function, and includes —(a)the activation and exercise of mechanical control of the amusement ride;(b)the driving or steering of any vehicle, boat or other conveyance that forms part of the amusement ride;(c)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;(d)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(e)any other task or activity prescribed as being an aspect of the routine operation of the amusement ride for the purposes of this Act;
Open s 2