In force2020 Revised Edition

Contents

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

35. Closure or cordoning off of amusement ride for safety reasons

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(1)

The person responsible for an amusement ride must wholly or partially close or cordon off the amusement ride whenever such action appears reasonably necessary —

(a)

for the safety of persons who are using or operating, or in the vicinity of, the amusement ride; or

(b)

in the case of the occurrence of any adverse incident in respect of the amusement ride.

(2)

The person responsible for an amusement ride must, as soon as practicable, notify the Commissioner (in such form and manner as the Commissioner may require) of any closure or cordoning off of the amusement ride under subsection (1).

(3)

If a person responsible for an amusement ride contravenes subsection (1), the 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.

(4)

If a person responsible for an amusement ride contravenes subsection (2), the person 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

adverse incident
Defined · s 2
“adverse incident”, in relation to an amusement ride, includes —(a)any malfunction of the amusement ride;(b)any accident arising from the operation of the amusement ride;(c)any occurrence of fire on the amusement ride or any part thereof (including the spread of smoke or any other harmful emission arising from such fire);(d)the collapse, breakage, dislodgement or disengagement of any structure or component of the amusement ride;(e)any occurrence arising from the operation of the amusement ride that results or is likely to result in —(i)any injury to, or the death of, any person who is using or operating, or in the vicinity of, the amusement ride; or(ii)any person being stranded or trapped on or in any part of the amusement ride; and(f)such other occurrence as may be prescribed as an adverse incident for the purposes of this Act;
Open 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);
Open s 2
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;
Open s 2