54. Reporting of adverse incidents

(1)

The person responsible for an amusement ride and the ride manager of the amusement ride must, as soon as practicable, upon the occurrence of any adverse incident in respect of the amusement ride, inform the Commissioner of that occurrence.

(2)

Where the Commissioner receives any information under subsection (1) or becomes aware of the occurrence of any adverse incident in respect of an amusement ride through any other means, the Commissioner may —

(a)

direct the person responsible for the amusement ride to immediately close or cordon off the amusement ride and take such measures as the Commissioner may specify to —

(i)

safely and expeditiously rescue and evacuate all patrons and other persons who are on the amusement ride;

(ii)

protect the safety of persons who are in the vicinity of the amusement ride; and

(iii)

otherwise address the adverse incident; and

(b)

by written notice require the person responsible for the amusement ride to investigate into the adverse incident and submit a report of the person’s findings and recommendations to the Commissioner within such time as the Commissioner may specify.

(3)

The Commissioner may also in any notice given under subsection (2)(b) require the person responsible for the amusement ride to submit to the Commissioner, in such form and manner and within such time and for such period as the Commissioner may specify, a report containing such information as the Commissioner may require concerning —

(a)

the measures that the person responsible for the amusement ride has taken pursuant to the direction given to the person under subsection (2)(a);

(b)

the results of the measures so taken; and

(c)

any other matter that the Commissioner thinks necessary or relevant in the circumstances.

(4)

The Commissioner may give a direction under subsection (2)(a) in writing or in any other form or manner that he or she thinks fit in the circumstances of the case.

(5)

Any person who —

(a)

contravenes subsection (1); or

(b)

fails to comply with —

(i)

any direction given to the person under subsection (2)(a); or

(ii)

any notice given to the person under subsection (2)(b),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

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
ride manager
Defined · s 2
“ride manager”, in relation to an amusement ride, means a person appointed under section 16 to oversee, manage and supervise the daily routine operation and maintenance of the amusement ride;
Open s 2

Report

Read on from s 55

Part 9

Provisions Relating to Offences and Prosecution

Read on from Part 9

Part 10

Miscellaneous

Read on from Part 10