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Issue of permits not to be taken as evidence of title to or interest in land
64. The issue of an installation permit, an operating permit or a modification permit to any person —(a) does not confer on the person; and (b) is not to be taken as evidence that the person has, any title or right to, or any interest in, the land on which the amusement ride to which the permit relates has been or is being installed.
Service of documents, etc.
65.—(1) Any notice, order or other document (hereafter referred to collectively) required or authorised to be given or served under this Act may be served —(a) in the case of an individual —(i) by delivering it to the individual personally; (ii) by leaving it with an adult person apparently resident at, or by sending it by prepaid registered post to, the usual or last known address of the individual’s place of residence; (iii) by leaving it with an adult person apparently employed at, or by sending it by prepaid registered post to, the usual or last known address of the individual’s place of business; (iv) by affixing a copy of the document in a conspicuous place at the usual or last known address of residence or business of the individual; or (v) by sending it by fax to the fax number operated at the usual or last known address of the individual’s place of residence or business, or the last fax number given to the Commissioner or an enforcement officer by the individual as the fax number for the service of documents on the individual; (b) in the case of a partnership other than a limited liability partnership —(i) by delivering it to any partner or the secretary or other like officer of the partnership; (ii) by leaving it at, or by sending it by prepaid registered post to, the partnership’s principal or last known place of business in Singapore; or (iii) by sending it by fax to the fax number operated at the partnership’s principal or last known place of business in Singapore; and (c) in the case of any limited liability partnership or any other body corporate —(i) by delivering it to the secretary or other like officer of the body corporate or, in the case of a limited liability partnership, the manager of the limited liability partnership; (ii) by leaving it at, or by sending it by prepaid registered post to, the registered office or principal office of the limited liability partnership or body corporate in Singapore; or (iii) by sending it by fax to the fax number operated at the registered office or principal office of the limited liability partnership or body corporate in Singapore. (2) Any document that is to be served by the Commissioner, an enforcement officer or the Minister —(a) if sent by fax to the fax number operated at the last known place of residence or business or registered office or principal office in accordance with subsection (1) — is deemed to have been duly served on the person to whom it is addressed on the day of transmission, subject to receipt on the sending fax machine of a notification (by electronic or other means) of a successful transmission to the place of residence or business or registered office or principal office, as the case may be; (b) if sent by electronic communication to an email address in accordance with subsection (1) — is deemed to have been duly served on the person to whom it is addressed at the time of entering the information system addressed to the email address; and (c) if sent by prepaid registered post — is deemed to have been duly served on the person to whom it is addressed 2 days after the day the document was posted, whether or not it is returned undelivered. (3) Any document required or authorised to be served under this Act on —(a) any person responsible for an amusement ride; or (b) any person carrying out any installation works, modification works or relocation works, is also deemed to be sufficiently served — (c) by delivering a copy of the document personally to any adult person on the premises on which the amusement ride has been installed or on which the installation works, modification works or relocation works (as the case may be) are being carried out; or (d) if there is no such person to whom the document can with reasonable diligence be delivered, by affixing the document to a conspicuous part of the premises or amusement ride. (4) Any document required or authorised by this Act to be served on any person responsible for an amusement ride is deemed to be properly addressed if addressed by the description of the “person responsible” for the amusement ride without further name or description. (5) Any document to be issued by the Commissioner under this Act may be issued in such form or manner as the Commissioner may determine and every such document is valid if the signature of the Commissioner or any enforcement officer duly authorised by the Commissioner under this Act is duly printed or written on the document. (6) Any document sent by registered post to any person in accordance with subsection (1) is deemed to be duly served on the person at the time when the document would in the ordinary course of post be delivered and, in proving service of the document, it is sufficient to prove that the envelope containing the document was properly addressed, stamped and posted by registered post. (7) This section does not apply to documents to be served in proceedings in court.
Form and authentication of documents
66.—(1) All notices, orders and other documents which the Commissioner or an enforcement officer is empowered to give by this Act may be in such form or manner as the Commissioner may determine, and may be given by any enforcement officer. (2) Where any such notice, order or document requires authentication —(a) the signature of the Commissioner or an enforcement officer; or (b) an official facsimile of such signature, appended thereto is sufficient authentication.
Inaccuracies in documents
67.—(1) Any misnomer or inaccurate description of any person, premises, amusement ride or any other thing named or described in any notice, order or document prepared, issued or served under or for the purposes of this Act does not in any way affect the operation of this Act as respects that person, premises, amusement ride or thing if that person, premises, amusement ride or thing is so designated or described in the notice, order or document as to be identifiable. (2) Proceedings taken under or by virtue of this Act are not invalid for want of form.
Protection from liability
68.—(1) No liability shall lie against the Commissioner, any enforcement officer or any employee of the Authority by reason of the fact that any installation works, modification works or relocation works are or are to be carried out in accordance with the provisions of this Act, or that any amusement ride or the design and specifications, proposed installation method and programme or proposed modification method and programme or any installation works, modification works or relocation works relating to such amusement ride are subject to inspection, alteration or approval by the Commissioner, enforcement officer or employee of the Authority. (2) Nothing in this Act makes it obligatory for the Commissioner, an enforcement officer or an employee of the Authority to inspect any amusement ride or any installation works, modification works or relocation works relating thereto, or the premises on which an amusement ride has been or is being installed, modified, relocated or operated, to ascertain whether the provisions of this Act are complied with or whether any design and specifications, proposed installation method and programme, proposed modification method and programme, certificate, notice or other document submitted to the Commissioner, enforcement officer or employee of the Authority concerning the amusement ride are accurate or otherwise in compliance with the provisions of this Act. (3) No matter or thing done by the Commissioner, an enforcement officer or an employee of the Authority shall, if it were done in good faith for the purpose of carrying out the provisions of this Act, subject the Commissioner, enforcement officer or employee of the Authority personally to any action, liability, claim or demand. (4) Where the Commissioner provides any information to any person in respect of any amusement ride or any works or matter in relation to an amusement ride by electronic or other means, neither the Commissioner nor any enforcement officer or employee of the Authority shall be liable for any loss or damage suffered by any person by reason of any error or omission of whatever nature or howsoever caused, including any defect or breakdown in the electronic equipment used for providing the information, if the error or omission had been made in good faith and in the ordinary course of duties of the Commissioner, enforcement officer or employee of the Authority.
Appeals to Minister
69.—(1) Any person who is aggrieved by a decision of the Commissioner to —(a) refuse to issue any installation permit, operating permit, modification permit, direction for the alteration of the conditions of any such permit or consent sought by the person under this Act; (b) alter, on the Commissioner’s own volition, any of the conditions of any installation permit, operating permit or modification permit; (c) revoke or suspend any installation permit, operating permit or modification permit; (d) give any notice or direction —(i) requiring the cessation of any installation works, modification works, relocation works or the operation of an amusement ride; (ii) requiring the closure or cordoning off of an amusement ride; (iii) requiring the taking of any measures in relation to any amusement ride; or (iv) otherwise affecting the carrying out of any installation works, modification works, relocation works or the operation of an amusement ride, may appeal to the Minister in such form and manner, and within such time, as may be prescribed. (2) Where an appeal is brought under this section from a decision of the Commissioner, the Minister may, after giving the appellant an opportunity to make written representations, dismiss or allow the appeal, unconditionally or subject to any conditions that the Minister thinks fit. (3) The Minister’s decision on any appeal under this section is final. (4) Despite any appeal to the Minister under this section —(a) the revocation or suspension by the Commissioner of any installation permit, operating permit or modification permit; and (b) any notice or direction given by the Commissioner mentioned in subsection (1)(d), take effect from the date specified by the Commissioner for the revocation or suspension or in the notice or direction given (as the case may be), unless the Minister otherwise directs.
Exemption
70.—(1) The Minister may by order in the Gazette, either generally or in any particular case, and subject to such conditions as the Minister may impose, exempt any person, amusement ride, installation works, modification works or relocation works from all or any of the provisions of this Act. (2) The Minister may at any time by order in the Gazette revoke an exemption granted under this section.
Fees
71.—(1) Except as provided in subsection (2), all fees payable under this Act must be credited into the funds of the Authority. (2) Any fee payable to the Commissioner of Civil Defence under Part 6 must be credited into the Consolidated Fund.
Regulations
72.—(1) The Minister may make regulations for carrying out the purposes of this Act and for any matter which is required under this Act to be prescribed. (2) Without limiting subsection (1), the Minister may make regulations for or in respect of all or any of the following matters:(a) the making of any application for, and the issue of, any permit, consent, permission or approval under this Act; (b) the regulation of the design, specifications, manufacture, installation, operation, modification, relocation, maintenance and repair of amusement rides, including the following:(i) the properties and design strength of the materials to be used in the construction of an amusement ride; (ii) the speed at which an amusement ride may be operated; (iii) the equipment, drives, brakes, anchorages, tensioning devices and safety devices to be incorporated as part of the amusement ride; (iv) the signalling and communication systems to be applied in the installation, operation, modification or relocation of an amusement ride; (v) the testing of an amusement ride, whether after its installation, modification, relocation or repair, or routinely as part of its maintenance; (vi) the codes, standards and specifications relating to the safety and other aspects of the installation, operation, modification or relocation (as the case may be) of an amusement ride; and (vii) the illumination or marking of an amusement ride; (c) the maximum number of persons that may be carried on board an amusement ride at any one time (whether as patrons or otherwise) and the classes of persons or goods who or which may not be carried on board an amusement ride at any time; (d) the conduct and safety of persons using or operating, or in the vicinity of, amusement rides; (e) the procedure for the inspection of amusement rides by the Commissioner or any enforcement officer; (f) the requirements that a person must satisfy before he or she may be appointed as a ride manager; (g) the making of reports to the Commissioner concerning any adverse incident that has occurred in respect of an amusement ride and the conduct of investigations into that adverse incident; (h) the types of amusement rides that are to be considered as major amusement rides for the purposes of this Act and the types of amusement rides to which this Act will not apply; (i) the types of modifications to an amusement ride that amount to major modifications for the purposes of this Act; (j) the requirements in respect of insurance coverage for the operation of amusement rides; (k) the records, books or other documents to be kept and the reports and certificates to be made and issued in respect of an amusement ride for the purposes of this Act; (l) the duties and responsibilities of —(i) the holder of an installation permit, an operating permit or a modification permit and any other person responsible for an amusement ride; (ii) a qualified person appointed to carry out any function in respect of an amusement ride for the purposes of this Act; and (iii) the ride manager of an amusement ride; (m) the manner in which appeals may be made to and determined by the Minister under this Act and the documents, information and other particulars to be provided to the Minister by the appellant and the Commissioner in connection with such appeals; (n) the prescribing of the forms for use for the purposes of this Act; (o) the prescribing of the fees and charges payable for the purposes of this Act; (p) the prescribing of the offences that may be compounded under section 62; (q) such other matters as may be necessary or expedient to be prescribed or provided for to facilitate the effective administration and enforcement of this Act.[4/2014] (3) The Minister may, in making any regulations under this section, provide that any contravention of any of the provisions of those regulations shall be an offence punishable with a fine not exceeding $10,000 or with imprisonment for a term not exceeding 12 months or with both.
Adoption of codes, standards and specifications
73.—(1) Any regulations made under section 72 may adopt wholly or partially or as amended by the regulations or by reference any code, standard or specification which relates to the design, manufacture, installation, operation, modification, relocation, maintenance or repair of amusement rides or to any other matter that is relevant to the purposes of this Act, and which —(a) is recommended, issued or adopted by any standards organisation or body (whether within or outside Singapore) approved by the Commissioner; or (b) is considered by the Commissioner to be appropriate for adoption for the purposes of this Act. (2) In any proceedings under this Act, a copy of any code, standard or specification adopted under subsection (1) which is certified by the Commissioner as a true copy thereof is prima facie evidence of that code, standard or specification.
Presentation of regulations to Parliament
74. Any regulations made under this Act must be presented to Parliament as soon as possible after publication in the Gazette.
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Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. Read the official text ↗
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