Requirement for installation permit
5.—(1) A person must not 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 of a day 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 of a day 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 written notice, 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 that person and within the time stipulated in the notice, all such measures as may be specified in the notice to secure the cessation of the installation works; or
(b)
take or cause to be taken all measures that the Commissioner thinks necessary to secure the cessation of the installation works and recover from the person mentioned in paragraph (a) by way of a civil suit all costs and expenses reasonably incurred by the Commissioner in taking or causing those 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 measures that the Commissioner thinks necessary to secure the cessation of the 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 those measures to be taken.
(5) The measures mentioned 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 addition to the powers exercisable by him or her under subsection (3) or (4), the Commissioner may, if the Commissioner 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) applies to any item seized and detained under subsection (6).
Application for and issue of installation permit
6.—(1) An application for an installation permit must —(a)
be made to the Commissioner in such form and manner as the Commissioner may require;
(b)
be submitted to the Commissioner together with any documents and particulars that the Commissioner may require; and
(c)
be accompanied by the prescribed fee.
(2) A person who wishes to obtain an installation permit must, before making an application under subsection (1) —(a)
appoint a qualified person to —(i)
review the design and specifications and the proposed installation method and programme of the amusement ride to be installed and certify that they conform to the prescribed requirements;
(ii)
supervise the installation works; and
(iii)
inspect and certify the amusement ride under section 12 upon the completion of its installation,
for which purpose either the same qualified person may be appointed to carry out all of the functions mentioned in sub‑paragraphs (i), (ii) and (iii), or a different qualified person may be appointed to carry out each of those functions;
(b)
where applicable, apply, in accordance with section 5 or 5A of the Building Control Act 1989, to the Commissioner of Building Control for approval of the plans of any building works relating to any building which forms part of the amusement ride to be installed or to which the amusement ride is connected, or (as the case may be) ensure that the conditions in section 5AA(2) of that Act are satisfied in relation to such plans; and[Act 23 of 2023 wef 18/12/2023]
(c)
apply, in accordance with section 36, to the Commissioner of Civil Defence for the approval of the design and plans of the fire and rescue management system of the amusement ride to be installed.
(3) Upon receiving an application under subsection (1) and the accompanying documents and particulars, the Commissioner may —(a)
subject to subsection (4), issue an installation permit to the applicant —(i)
in such form or manner as the Commissioner may determine; and
(ii)
subject to such conditions as the Commissioner thinks fit to impose;
(b)
in writing direct the applicant, at the applicant’s own expense and within the time specified in the direction, to —(i)
make such alterations or amendments as the Commissioner may require to either or both the design and specifications and the proposed installation method and programme of the amusement ride;
(ii)
take such measures as the Commissioner may specify for the purpose of ensuring that the installation works will conform to the prescribed requirements; and
(iii)
resubmit the application for the installation permit upon having made those alterations or amendments or taken those measures; or
(c)
refuse to issue the installation permit, in which case the Commissioner must, if requested to do so by the applicant, state in writing the reasons for the refusal.
(4) The Commissioner must not issue an installation permit unless the Commissioner is satisfied that —(a)
the applicant —(i)
is a fit and appropriate person to be issued an installation permit; and
(ii)
satisfies the prescribed requirements;
(b)
the design and specifications and the proposed installation method and programme of the amusement ride to be installed have been reviewed in accordance with section 46 by a qualified person appointed by the applicant under subsection (2)(a)(i) and certified by the qualified person as conforming to the prescribed requirements;
(c)
where applicable, the plans of any building works relating to any building which forms part of the amusement ride to be installed, or to which the amusement ride is connected, have been approved or deemed approved by the Commissioner of Building Control under section 5, 5A or 5AA of the Building Control Act 1989;[Act 23 of 2023 wef 18/12/2023]
(d)
the design and plans of the fire and rescue management system of the amusement ride to be installed have been approved by the Commissioner of Civil Defence under section 36(3)(a); and
(e)
the installation works will be carried out under the supervision of a qualified person appointed by the applicant under subsection (2)(a)(ii) (whether or not the qualified person is the same qualified person mentioned in paragraph (b) or a different qualified person).
(5) If any direction given by the Commissioner under subsection (3)(b) is not complied with within the time specified in the direction, or such further period as may be allowed by the Commissioner in any particular case, the Commissioner may dismiss the application.
Carrying out of installation works
7.—(1) The holder of an installation permit must ensure that no installation works are carried out except under the supervision of a qualified person.
(2) It is the duty of —(a)
the holder of an installation permit;
(b)
any person who is directly engaged in the carrying out of the installation works authorised by the installation permit; and
(c)
the qualified person supervising the installation works,
to ensure that the installation works are at all times carried out in accordance with —
(d)
the design and specifications and the proposed installation method and programme, as authorised by the installation permit;
(e)
the conditions of the installation permit;
(f)
the prescribed requirements; and
(g)
any direction given by the Commissioner in respect of the installation works.
(3) Where, in relation to any installation works or part thereof, the Commissioner is of the opinion that —(a)
any requirement under subsection (1) or (2) has not been or is not being complied with; or
(b)
the installation works are dangerous or liable to pose a danger to persons who are employed in connection with the installation works, or who are using or operating, or in the vicinity of, the amusement ride being installed,
the Commissioner may, without revoking or suspending the installation permit under section 11, direct the holder of the installation permit or the person directly engaged in carrying out the installation works to —
(c)
cease the installation works or part thereof, either immediately or within such time as may be specified by the Commissioner; and
(d)
where necessary, take, at the expense of the person to whom the direction is given, such remedial measures as the Commissioner may require,
and the installation works or part thereof (as the case may be) must not be resumed without the written consent of the Commissioner.
(4) The Commissioner may, upon an application made by the holder of the installation permit in such form and manner as the Commissioner may require, grant his or her consent for the installation works or any part thereof to resume if he or she is satisfied that any such installation works or part thereof, if allowed to resume —(a)
will comply with the requirements under subsections (1) and (2); and
(b)
will not pose a danger to any person.
(5) The holder of an installation permit who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction —(a)
to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 12 months or to both; and
(b)
in respect of a continuing contravention, to an additional fine not exceeding $500 for each day or part of a day during which the contravention continues,
and if the contravention continues after the conviction, the holder of the installation permit 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 of a day during which the contravention continues after conviction.
(6) Any person to whom subsection (2) applies who contravenes that subsection shall be guilty of an offence and shall be liable on conviction —(a)
to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 12 months or to both; and
(b)
in respect of a continuing contravention, to an additional fine not exceeding $500 for each day or part of a day 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 $1,000 for every day or part of a day during which the contravention continues after conviction.
(7) Any person who is directly engaged in the carrying out of any installation works and who, in carrying out those installation works, deviates or permits or authorises any deviation, in any material way from the design and specifications or the proposed installation method and programme authorised by the installation permit, shall, unless that deviation has been submitted to and approved by the Commissioner in accordance with the regulations, 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.
(8) Where a person to whom a direction has been given by the Commissioner under subsection (3) —(a)
fails to comply with the direction; or
(b)
resumes the installation works without the written consent of the Commissioner,
that person 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.
Duty to notify Commissioner of contravention of Act in relation to installation works
8.—(1) If —(a)
the holder of an installation permit;
(b)
any person who is directly engaged in the carrying out of the installation works authorised by the installation permit; or
(c)
the qualified person supervising the installation works,
knows or ought reasonably to know of any contravention of this Act relating to the carrying out of the installation works, it is the duty of that person to notify the Commissioner, as soon as practicable, of the contravention.
(2) Any person to whom subsection (1) applies who contravenes that subsection shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 3 months or to both.
(3) It is a defence in any prosecution for a contravention of subsection (1) for the person charged to prove to the satisfaction of the court that the person did not know and could not reasonably have discovered the contravention mentioned in the charge.
Alteration of conditions of installation permit
9.—(1) The Commissioner may —(a)
on his or her own volition; or
(b)
on an application made by the holder of an installation permit,
at any time alter (whether by adding to, varying or revoking) the conditions of an installation permit.
(2) Before the Commissioner alters the conditions of an installation permit on his or her own volition under subsection (1)(a), the Commissioner must give written notice to the holder of the installation permit —(a)
stating that the Commissioner proposes to alter the conditions of the installation permit in the manner specified in the notice; and
(b)
specifying the time (being not less than 14 days from the date the notice is served on the holder of the installation permit) within which written representation with respect to the proposed alteration of conditions may be made.
(3) Upon receiving any written representation mentioned in subsection (2)(b), the Commissioner must consider the representation and may reject the representation or amend the proposed alteration of conditions in accordance with the representation and, in either event, must thereupon issue a written direction to the holder of the installation permit —(a)
specifying the alteration made to the conditions of the installation permit; and
(b)
requiring the holder of the installation permit to comply with the altered conditions of the installation permit as from the date specified in the direction.
(4) An application under subsection (1)(b) to alter the conditions of an installation permit must be made to the Commissioner in such form and manner as the Commissioner may require and must —(a)
specify the alteration required by the applicant and the reasons therefor; and
(b)
be accompanied by —(i)
such documents and particulars as the Commissioner may require; and
(ii)
the prescribed fee.
(5) Where the Commissioner decides to alter the conditions of an installation permit pursuant to an application made under subsection (1)(b), the Commissioner must issue a written direction to the holder of the installation permit —(a)
specifying the alteration made to the conditions of the installation permit; and
(b)
requiring the holder of the installation permit to comply with the altered conditions of the installation permit as from the date specified in the direction.
Installation permit not transferable
10. An installation permit is not transferable by its holder to any other person, and any such purported transfer of any installation permit is void.
Lapsing, revocation and suspension of installation permit
11.—(1) An installation permit automatically lapses —(a)
if the holder of the installation permit —(i)
dies, is wound up or otherwise dissolved, whether in Singapore or elsewhere; or
(ii)
ceases to be the person for whom the amusement ride is to be installed or the person carrying out the installation works, as the case may be;
(b)
if the qualified person appointed by the holder of the installation permit under section 6(2)(a)(ii) to supervise the installation works has vacated his or her appointment and the holder of the installation permit has failed to appoint a substitute qualified person to supervise the installation works and to notify the Commissioner of the substitute appointment in accordance with section 41(1)(b)(i) and (ii); or
(c)
in the event of such other occurrence or in such other circumstances as may be prescribed.
(2) The Commissioner may revoke an installation permit if —(a)
the installation works authorised by the installation permit, having commenced, are suspended for a continuous period of more than 3 months;
(b)
in the Commissioner’s opinion, the holder of the installation permit has contravened or is contravening, or the installation works authorised by the installation permit have been or are being carried out in a manner which contravenes —(i)
any condition of the installation permit;
(ii)
any prescribed requirement; or
(iii)
any direction given by the Commissioner in respect of the installation works;
(c)
the Commissioner has reason to believe that the installation permit had been obtained by fraud or misrepresentation;
(d)
the Commissioner becomes aware of any circumstance that would have required or permitted him or her to refuse to issue the installation permit had the Commissioner been aware of the circumstance immediately before issuing the installation permit; or
(e)
the Commissioner considers it in the public interest to revoke the installation permit.
(3) The Commissioner may, if he or she considers it desirable to do so —(a)
suspend an installation permit for a specific period instead of revoking it under subsection (2); and
(b)
at any time extend or rescind the suspension.
(4) Subject to subsection (5), the Commissioner must not revoke or suspend an installation permit under subsection (2) or (3) without giving the holder of the installation permit an opportunity to be heard in accordance with the prescribed procedure.
(5) The Commissioner may revoke or suspend an installation permit without giving the holder of the installation permit an opportunity to be heard if —(a)
the holder of the installation permit —(i)
has been declared bankrupt or has gone into compulsory or voluntary liquidation other than for the purpose of amalgamation or reconstruction; or
(ii)
is in the course of being wound up or otherwise dissolved, whether in Singapore or elsewhere;
(b)
a receiver, a receiver and manager or an equivalent person has been appointed, whether in Singapore or elsewhere, in relation to or in respect of any property of the holder of the installation permit; or
(c)
the holder of the installation permit has been convicted —(i)
of an offence under this Act; or
(ii)
whether in Singapore or elsewhere, of an offence involving fraud or dishonesty or the conviction for which involved a finding that the holder of the installation permit had acted fraudulently or dishonestly.
Inspection and certification of amusement ride after installation
12. Upon the completion of the installation of an amusement ride —(a)
the qualified person appointed by the holder of the installation permit under section 6(2)(a)(iii) must, in accordance with section 46, inspect the amusement ride and issue a certificate stating that, in the qualified person’s opinion —(i)
the installation works have been properly carried out in accordance with —(A)
the design and specifications and the proposed installation method and programme, as authorised by the installation permit;
(B)
the conditions of the installation permit;
(C)
the prescribed requirements; and
(D)
any direction given by the Commissioner in respect of the installation works; and
(ii)
the amusement ride, as installed —(A)
conforms to the prescribed requirements; and
(B)
is in a safe working condition and fit for operation; and
(b)
the holder of the installation permit must, in accordance with section 36, apply to and obtain from the Commissioner of Civil Defence a certificate of compliance in respect of the fire and rescue management system of the amusement ride.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
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