Amusement Rides Safety Act 2011 · 2020 Revised Edition · Part 5 · Maintenance, Repair, Minor Modification and Relocation of Amusement Rides
32. Commissioner may require repairs and modifications to amusement ride
Feedback & supportThe Commissioner may by written notice require the person responsible for an amusement ride —
Commissioner
“Commissioner” means the Commissioner of Amusement Rides Safety appointed under section 3(1);
to carry out, at the expense of that person and within the time specified in the notice, any repairs or modifications to the amusement ride that the Commissioner considers necessary for —
the proper maintenance of the amusement ride; and
the safety of persons who are using or operating, or in the vicinity of, the amusement ride; and
if the Commissioner thinks necessary, to close or cordon off the amusement ride until all those repairs and modifications to the amusement ride have been completed to the Commissioner’s satisfaction.
Where at any time there exists, in the Commissioner’s opinion, any circumstance requiring the immediate putting into effect of any repairs or modifications mentioned in subsection (1) in respect of an amusement ride, the Commissioner may by written notice order the immediate closure or cordoning off of the amusement ride and the prohibition of its use by members of the public until all those repairs and modifications have been completed to his or her satisfaction.
amusement ride
“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;
If a person responsible for an amusement ride fails to comply with a notice given to the person under subsection (1) or (2), the person shall be guilty of an offence and shall be liable on conviction —
person responsible
“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;
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 failure to comply, to an additional fine not exceeding $500 for each day or part of a day during which the failure to comply continues,and if the failure to comply 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 failure to comply continues after conviction.