Singapore legislation
Clause 53
Clause 53
Power to require dismantling of amusement ride in dangerous condition, etc.
(1)
Where in the opinion of the Commissioner any amusement ride has been or is being installed, operated, modified or relocated in such a manner, or is in such a condition or state of disrepair, as to pose an imminent danger to persons who are using or operating, or in the vicinity of, the amusement ride, the Commissioner may do either or both of the following:
direct the holder of the installation permit, operating permit or modification permit (as the case may be) in respect of the amusement ride or any other person responsible for the amusement ride to —
immediately cease any installation works, modification works or relocation works being carried out on the amusement ride or the operation of the amusement ride, and close or cordon off the amusement ride; and
take such measures as may be specified by the Commissioner to secure, stabilise or dismantle the amusement ride within such time as may be stipulated by the Commissioner;
engage a qualified person or a specialist to carry out such investigations and tests as may be necessary and to advise the Commissioner on all matters relating to the safety of the amusement ride or any installation works, modification works or relocation works which have been or are being carried out in respect of the amusement ride.
(2)
If any person fails to comply with any direction given to him under subsection (1)(a) —
he shall be guilty of an offence and shall be liable on conviction —
to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 12 months or to both; and
in respect of a continuing failure to comply, to an additional fine not exceeding $500 for each day or part thereof during which the failure to comply continues,and if the 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 thereof during which the failure to comply continues after conviction; and
the Commissioner may —
take or cause to be taken all such measures as may be necessary to secure, stabilise or dismantle, and to close or cordon off, the amusement ride in accordance with the direction given by him under subsection (1)(a); and
recover from the person in default by way of a civil suit all costs and expenses reasonably incurred by the Commissioner in the exercise of his powers under sub-paragraph (i).
(3)
The Commissioner may give a direction under subsection (1)(a) in writing or in such other form or manner as he thinks fit in the circumstances of the case.
(4)
The Commissioner may order the person referred to in subsection (1)(a) to pay or reimburse the Commissioner all or a specified part of the expenses that the Commissioner has incurred in engaging a qualified person or a specialist under subsection (1)(b), failing which the Commissioner may recover such expenses from that person by way of a civil suit.