In force2020 Revised Edition

Contents

Amusement Rides Safety Act 2011 · 2020 Revised Edition · Part 4 · Major Modification of Amusement Rides

25. Carrying out of modification works

(1)

The holder of a modification permit must ensure that no modification works are carried out except under the supervision of a qualified person.

(2)

It is the duty of —

(a)

the holder of a modification permit;

(b)

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

(c)

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

(d)

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

(e)

the conditions of the modification permit;

(f)

the prescribed requirements; and

(g)

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

(3)

Where, in relation to any modification works or part thereof, the Commissioner is of the opinion that —

(a)

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

(b)

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 —

(c)

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

(d)

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.

(4)

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

(a)

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

(b)

will not pose a danger to any person.

(5)

The holder of a modification 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 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.

(6)

Any person to whom subsection (2) applies who contravenes that subsection 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 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.

(7)

Any person who is directly engaged in the carrying out of any modification works and who, in carrying out those modification works, deviates or permits or authorises any deviation, in any material way from the design and specifications or the proposed modification method and programme authorised by the modification permit, shall, unless that deviation has been submitted to and approved by the Commissioner in accordance with the regulations, 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.

(8)

Where a person to whom a direction has been given by the Commissioner under subsection (3) —

(a)

fails to comply with the direction; or

(b)

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.

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
Commissioner
Defined · s 2
“Commissioner” means the Commissioner of Amusement Rides Safety appointed under section 3(1);
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design and specifications
Defined · s 2
“design and specifications” means —(a)in relation to an amusement ride — the design and specifications (including any plans and calculations) of or relating to —(i)the machinery, equipment and plant connected to, or used in connection with, the amusement ride;(ii)the structure and components of the amusement ride;(iii)the materials used to construct the amusement ride;(iv)the stability and structural integrity of the amusement ride; and(v)such other aspects of the amusement ride as may be prescribed; and(b)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;
Open s 2
modification method and programme
Defined · s 2
“modification method and programme”, in relation to the major modification of an amusement ride, means the method and programme to be followed for the major modification of the amusement ride, and includes all safety assessments and tests to be carried out during or upon the completion of the modification works;
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modification permit
Defined · s 2
“modification permit” means a permit issued by the Commissioner under section 24 authorising the major modification of an amusement ride;
Open s 2
modification works
Defined · s 2
“modification works” means all works relating to the major modification or minor modification (as the case may be) of an amusement ride, but does not include any building works relating to the construction or modification of any building which forms part of the amusement ride or to which the amusement ride is connected;
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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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qualified person
Defined · s 2
“qualified person” means a person who —(a)is registered as a specialist professional engineer in the discipline of amusement ride engineering under the Professional Engineers Act 1991; and(b)has in force a specialist practising certificate issued under that Act;
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regulations
Defined · s 2
“regulations” means any regulations made under section 72;
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