Amusement Rides Safety Act 2011 · 2020 Revised Edition · Part 7 · Provisions Relating to Qualified Persons
39. Qualified person to be independent
Feedback & supportA person must not, for the purposes of this Act, appoint any qualified person to —
qualified person
“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;
review or certify any design and specifications, proposed installation method and programme or proposed modification method and programme in respect of any amusement ride;
supervise any installation works, modification works or relocation works;
inspect or certify any amusement ride; or
carry out any other function in respect of any amusement ride,if the person knows or ought reasonably to know that the qualified person has any professional or financial interest in the amusement ride or the operation thereof, or in the installation works, modification works or relocation works that are being or are to be carried out in respect of the amusement ride.
A qualified person must not, for the purposes of this Act —
review or certify any design and specifications, proposed installation method and programme or proposed modification method and programme in respect of any amusement ride;
supervise any installation works, modification works or relocation works;
inspect or certify any amusement ride; or
carry out any other function in respect of any amusement ride,if the qualified person has any professional or financial interest in the amusement ride or the operation thereof, or in the installation works, modification works or relocation works that are being or are to be carried out in respect of the amusement ride.
A qualified person is regarded as having a professional or financial interest in an amusement ride or the operation thereof, or in any installation works, modification works or relocation works that are being or are to be carried out in respect of the amusement ride if —
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;
the qualified person is or has, in any capacity, been responsible for, or is or has acted as a consultant in, the preparation of the design and specifications, proposed installation method and programme or proposed modification method and programme in respect of the amusement ride;
the qualified person, or any nominee of the qualified person, is a member, an officer or an employee of any company or other body which has a professional or financial interest in the amusement ride or the operation thereof, or in any installation works, modification works or relocation works that are being or are to be carried out in respect of the amusement ride;
the qualified person is a partner of, or is in the employment of, a person who has a professional or financial interest in the amusement ride or the operation thereof, or in any installation works, modification works or relocation works that are being or are to be carried out in respect of the amusement ride; or
the qualified person holds any interest in the amusement ride or any part thereof.
For the purposes of this section —
a person is treated as having a professional or financial interest in an amusement ride or the operation thereof, or in any installation works, modification works or relocation works that are being or are to be carried out in respect of the amusement ride, even if the person has that interest only as trustee for the benefit of some other person; and
in the case of a husband and wife living together, the interest of one spouse is, if known to the other, deemed to be also an interest of the other.
For the purposes of this section —
the carrying out of any function under this Act as a qualified person; and
the entitlement to any fee paid for carrying out any such function,is not by itself regarded as constituting a professional or financial interest.
Any person who contravenes subsection (1) or (2) 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.