In force2020 Revised Edition

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Amusement Rides Safety Act 2011 · 2020 Revised Edition · Part 5 · Maintenance, Repair, Minor Modification and Relocation of Amusement Rides

33. Duty to notify Commissioner of minor modification of amusement ride

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(1)

Where any minor modification is to be carried out on any amusement ride, the person responsible for the amusement ride must give the Commissioner written notice of the intended minor modification —

(a)

in such form and manner as the Commissioner may require; and

(b)

of not less than one month (or such shorter period as the Commissioner may allow in any particular case) before the date on which the modification works are to commence.

(2)

Upon receiving a notice under subsection (1), the Commissioner may, by written notice —

(a)

require the person responsible for the amusement ride to provide, within the time specified in the notice, such further information concerning the minor modification as the Commissioner may specify before commencing the modification works;

(b)

impose any conditions or give any directions that the Commissioner thinks fit subject to which the modification works are to be carried out; or

(c)

if the Commissioner is of the opinion that the modification works amount to a major modification of the amusement ride, prohibit the commencement of the modification works and direct the person responsible for the amusement ride to apply for a modification permit instead.

(3)

If any person responsible for an amusement ride —

(a)

contravenes subsection (1); or

(b)

fails to comply with any requirement of the Commissioner under subsection (2)(a) or with any condition, direction or prohibition that is imposed, given or made by the Commissioner under subsection (2)(b) or (c), as the case may be,the person shall be guilty of an offence and shall be liable on conviction —

(c)

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

(d)

in respect of a continuing contravention or failure to comply, to an additional fine not exceeding $500 for each day or part of a day during which the contravention or failure to comply continues,and if the contravention or 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 contravention or failure to comply continues after conviction.

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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major modification
Defined · s 2
“major modification”, in relation to an amusement ride, means any manner of change to the structure or mechanism of the amusement ride which is prescribed as a major modification for the purposes of this Act;
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minor modification
Defined · s 2
“minor modification”, in relation to an amusement ride, means any modification to the amusement ride (including any refurbishment thereof) which is not prescribed as a major modification for the purposes of this Act;
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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;
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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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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;
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