Singapore legislation

Clause 5

of Amusement Rides Safety Bill

Clause 5

Requirement for installation permit

(1)

No person shall install or cause any amusement ride to be installed unless the installation of the amusement ride is authorised by, and is carried out in accordance with the conditions of, a valid installation permit.

(2)

Any person who commences or carries out, or who causes, permits or authorises the commencement or carrying out of, any installation works in contravention of subsection (1) shall be guilty of an offence and shall be liable on conviction —

(a)

to a fine not exceeding $200,000 or to imprisonment for a term not exceeding 2 years or to both; and

(b)

in respect of a continuing contravention, to an additional fine not exceeding $1,000 for each day or part thereof during which the contravention continues,and if the contravention 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 $2,000 for every day or part thereof during which the contravention continues after conviction.

(3)

If any installation works are being carried out in contravention of subsection (1), the Commissioner may —

(a)

by notice in writing, require the person who is carrying out, or who has caused, permitted or authorised the carrying out of, the installation works to take or cause to be taken, at the expense of such person and within such time as may be stipulated in the notice, all such measures as may be specified in the notice to secure the cessation of such installation works; or

(b)

take or cause to be taken all such measures as the Commissioner thinks necessary to secure the cessation of such installation works and recover from the person referred to in paragraph (a) by way of a civil suit all costs and expenses reasonably incurred by the Commissioner in taking or causing such measures to be taken.

(4)

If the person on whom a notice under subsection (3)(a) is served fails to comply with the notice within the time stipulated in the notice —

(a)

that 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; and

(b)

the Commissioner may take or cause to be taken all such measures as he thinks necessary to secure the cessation of such installation works, including those measures specified in the notice, and recover from the person in default by way of a civil suit all costs and expenses reasonably incurred by the Commissioner in taking or causing such measures to be taken.

(5)

The measures referred to in subsections (3)(a) and (b) and (4)(b) include —

(a)

the closure or cordoning off of the premises on which the installation works are being carried out; and

(b)

the dismantling of any part of the amusement ride that has already been installed.

(6)

In additional to the powers exercisable by him under subsection (3) or (4), the Commissioner may, if he thinks necessary for securing the cessation of any installation works being carried out in contravention of subsection (1), seize and detain —

(a)

any machinery, equipment or plant connected or used in connection with the amusement ride being installed or with the installation works relating thereto; or

(b)

any component of the amusement ride being installed.

(7)

Section 51(2) shall apply to any item seized and detained under subsection (6).