In force2020 Revised Edition

Contents

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

16. Appointment of ride managers

(1)

The holder of an operating permit in respect of an amusement ride must appoint at least one suitably qualified and trained person as a ride manager to oversee, manage and supervise the daily routine operation and maintenance of the amusement ride.

(2)

If any ride manager appointed under subsection (1) in respect of an amusement ride for any reason vacates his or her appointment —

(a)

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

(b)

the holder of the operating permit must —

(i)

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

(ii)

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

(3)

If a ride manager who vacates his or her office is the only ride manager who has been appointed in respect of the amusement ride, the holder of the operating permit must not commence or (as the case may be) must immediately cease the operation of the amusement ride until the holder of the operating permit has appointed a substitute ride manager under subsection (2)(b)(i) and notified the Commissioner of the substitute appointment under subsection (2)(b)(ii).

(4)

The holder of an operating permit who contravenes subsection (1) or (3) shall be guilty of an offence and shall be liable on conviction —

(a)

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

(b)

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.

(5)

A ride manager who has vacated his or her appointment and contravenes subsection (2)(a) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 3 months or to both.

(6)

The holder of an operating permit who contravenes subsection (2)(a) or (b)(ii) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 3 months or to both.

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;
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Commissioner
Defined · s 2
“Commissioner” means the Commissioner of Amusement Rides Safety appointed under section 3(1);
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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;
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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;
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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;
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