In force2020 Revised Edition

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

18. Operation of amusement ride

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(1)

It is the duty of the holder of an operating permit to take all reasonable steps and exercise all due diligence to —

(a)

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

(i)

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;

(ii)

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

(iii)

complies with —

(A)

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

(B)

the prescribed requirements; and

(C)

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

(b)

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.

(2)

Where the Commissioner is of the opinion that an amusement ride has been or is being operated in a manner that is in contravention of any requirement under subsection (1), the Commissioner may, without revoking or suspending the operating permit under section 22, direct the holder of an operating permit to —

(a)

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

(b)

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.

(3)

The Commissioner may, upon an application made by the holder of the operating permit in such form and manner as the Commissioner may require, grant his or her consent for the operation of the amusement ride to resume if he or she is satisfied that the operation of the amusement ride, if allowed to resume —

(a)

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

(b)

will not pose a danger to any person.

(4)

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

(a)

to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 12 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)

Where the holder of an operating permit to whom a direction has been given by the Commissioner under subsection (2) —

(a)

fails to comply with the direction; or

(b)

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.

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 method
Defined · s 2
“operating method”, in relation to an amusement ride, means the method by which, according to its design and specifications, the amusement ride is to be put to function, and includes all safety measures to be taken in the event of any adverse incident occurring in respect of the amusement ride;
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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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prescribed requirements
Defined · s 2
“prescribed requirements” means the requirements (if any) prescribed by any provision of this Act or by the regulations and, where appropriate, includes such codes, standards and specifications as may be adopted by those regulations pursuant to section 73;
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