Requirement for operating permit, etc.
13.—(1) A person must not operate an amusement ride unless —(a)
the person holds a valid operating permit and operates the amusement ride in accordance with the conditions of the operating permit; and
(b)
at all times when the amusement ride is being operated —(i)
the amusement ride is in a state of good repair and safe working condition, and is fit for operation;
(ii)
there is in force a certificate of compliance in respect of the fire and rescue management system of the amusement ride, and the fire and rescue management system of the amusement ride complies with such requirements (if any) as may be prescribed under section 38;
(iii)
there is in force an insurance covering the person responsible for the amusement ride against liability for any injury to, or the death of, any person arising out of the operation or use of the amusement ride in an amount that is not less than the prescribed minimum limits; and
(iv)
there is appointed in respect of the amusement ride at least one ride manager to oversee, manage and supervise the daily routine operation and maintenance of the amusement ride.
(2) Any person who contravenes 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 amusement ride is being operated in contravention of subsection (1), the Commissioner may —(a)
by written notice, require the person responsible for the amusement ride 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 the operation of the amusement ride; or
(b)
take or cause to be taken all such measures that the Commissioner thinks necessary to secure the cessation of the operation of the amusement ride and recover from the person responsible for the amusement ride 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 he or she thinks necessary to secure the cessation of the operation of the amusement ride, 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 amusement ride; and
(b)
the dismantling of the whole or any part of the amusement ride.
(6) In addition to the powers exercisable by him or her under subsection (3) or (4), the Commissioner may, if he or she thinks it necessary for securing the cessation of the operation of an amusement ride in contravention of subsection (1), seize and detain —(a)
any machinery, equipment or plant connected or used in connection with the amusement ride; or
(b)
any component of the amusement ride.
(7) Section 51(2) applies to any item seized and detained under subsection (6).
Application for and issue of operating permit
14.—(1) An application for an operating 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 such documents and particulars as the Commissioner may require; and
(c)
be accompanied by the prescribed fee.
(2) Upon receiving an application under subsection (1) and the accompanying documents and particulars, the Commissioner may inspect the amusement ride in respect of which the application has been made or cause the amusement ride to be inspected by an enforcement officer, and thereafter —(a)
subject to subsection (3), issue an operating 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)
take such measures or comply with such requirements (including the carrying out of any works or modifications to the amusement ride) as the Commissioner may specify for the purpose of ensuring that the amusement ride conforms to the prescribed requirements; and
(ii)
resubmit the application for the operating permit upon having taken those measures or complied with those requirements; or
(c)
refuse to issue the operating permit, in which case the Commissioner must, if requested by the applicant, state in writing the reasons for the refusal.
(3) The Commissioner must not issue an operating permit unless the Commissioner is satisfied that —(a)
the applicant —(i)
is a fit and appropriate person to be issued an operating permit; and
(ii)
satisfies the prescribed requirements;
(b)
the amusement ride in respect of which the operating permit is sought —(i)
has (as the case requires) been inspected and certified by a qualified person —(A)
under section 12 upon the completion of its installation;
(B)
under section 30 upon the completion of its major modification; or
(C)
in accordance with the regulations, in any case to which sub‑paragraph (A) or (B) does not apply; and
(ii)
satisfies the prescribed requirements;
(c)
where applicable, the Commissioner of Building Control has issued a certificate of statutory completion or granted a temporary occupation permit under section 12 of the Building Control Act 1989 in respect of any building which forms part of the amusement ride or to which the amusement ride is connected;
(d)
the Commissioner of Civil Defence has issued a certificate of compliance under section 36 in respect of the fire and rescue management system of the amusement ride, and the fire and rescue management system of the amusement ride complies with such requirements (if any) as may be prescribed under section 38;
(e)
there will be in force for the duration of the operating permit (if issued) an insurance covering the person responsible for the amusement ride against liability for any injury to, or the death of, any person arising out of the operation or use of the amusement ride in an amount that is not less than the prescribed minimum limit; and
(f)
the applicant has appointed at least one ride manager under section 16 to oversee, manage and supervise the daily routine operation and maintenance of the amusement ride at all times when the amusement ride is in operation.
(4) If any direction given by the Commissioner under subsection (2)(b) is not complied with within the time specified in that direction, or such further period as the Commissioner may allow, the Commissioner may dismiss the application.
Duration and renewal of operating permit
15.—(1) An operating permit —(a)
is valid, unless it has earlier lapsed or been revoked or suspended, for such period, not exceeding 12 months starting on the date of its issue, as may be specified in the operating permit; and
(b)
may be renewed upon its expiry.
(2) An application for the renewal of an operating permit must be made in accordance with the prescribed requirements.
Appointment of ride managers
16.—(1) The holder of an operating permit in respect of an amusement ride must appoint at least one suitably qualified and trained person as a ride manager to oversee, manage and supervise the daily routine operation and maintenance of the amusement ride.
(2) If any ride manager appointed under subsection (1) in respect of an amusement ride for any reason vacates his or her appointment —(a)
both the holder of the operating permit and the ride manager must each, within 14 days after the vacation of the appointment, notify the Commissioner of that fact; and
(b)
the holder of the operating permit must —(i)
without delay appoint under subsection (1) another ride manager to substitute the firstmentioned ride manager; and
(ii)
within 7 days thereafter, notify the Commissioner of that substitute appointment.
(3) If a ride manager who vacates his or her office is the only ride manager who has been appointed in respect of the amusement ride, the holder of the operating permit must not commence or (as the case may be) must immediately cease the operation of the amusement ride until the holder of the operating permit has appointed a substitute ride manager under subsection (2)(b)(i) and notified the Commissioner of the substitute appointment under subsection (2)(b)(ii).
(4) The holder of an operating permit who contravenes subsection (1) or (3) shall be guilty of an offence and shall be liable on conviction —(a)
to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 6 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 operating 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.
(5) A ride manager who has vacated his or her appointment and contravenes subsection (2)(a) 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.
(6) The holder of an operating permit who contravenes subsection (2)(a) or (b)(ii) 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.
Duties of ride managers in respect of operation of amusement ride
17.—(1) Every ride manager of an amusement ride must —(a)
take all reasonable steps and exercise all due diligence to oversee, manage and supervise the daily routine operation and maintenance of the amusement ride in accordance with —(i)
the conditions of the operating permit issued in respect of the amusement ride;
(ii)
the prescribed requirements; and
(iii)
any direction given by the Commissioner in respect of the operation of the amusement ride; and
(b)
carry out such other duties as may be prescribed.
(2) Any ride manager who contravenes subsection (1)(a) or (b) shall be guilty of an offence and shall be liable on conviction —(a)
to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 6 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 ride manager 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.
Operation of amusement ride
18.—(1) It is the duty of the holder of an operating permit to take all reasonable steps and exercise all due diligence to —(a)
ensure that at all times the amusement ride is operated safely and in a manner which —(i)
does not endanger, and is not likely to endanger, the safety of persons who are using or operating, or in the vicinity of, the amusement ride;
(ii)
is in accordance with the operating method of the amusement ride; and
(iii)
complies with —(A)
the conditions of the operating permit issued in respect of the amusement ride;
(B)
the prescribed requirements; and
(C)
any direction given by the Commissioner in respect of the operation of the amusement ride; and
(b)
take every precaution as is reasonable in the circumstances for the protection of persons who are using or operating, or in the vicinity of, the amusement ride.
(2) Where the Commissioner is of the opinion that an amusement ride has been or is being operated in a manner that is in contravention of any requirement under subsection (1), the Commissioner may, without revoking or suspending the operating permit under section 22, direct the holder of an operating permit to —(a)
cease the operation of the amusement ride, either immediately or within such time as the Commissioner may specify; and
(b)
take, at the expense of the holder of the operating permit, such remedial measures as the Commissioner may require,
and the operation of the amusement ride must not be resumed without the written consent of the Commissioner.
(3) The Commissioner may, upon an application made by the holder of the operating permit in such form and manner as the Commissioner may require, grant his or her consent for the operation of the amusement ride to resume if he or she is satisfied that the operation of the amusement ride, if allowed to resume —(a)
will comply with the requirements under subsection (1); and
(b)
will not pose a danger to any person.
(4) The holder of an operating 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 operating 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.
(5) Where the holder of an operating permit to whom a direction has been given by the Commissioner under subsection (2) —(a)
fails to comply with the direction; or
(b)
resumes the operation of the amusement ride without the written consent of the Commissioner,
the holder of the operating permit 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.
Duty to notify Commissioner of contravention of Act in relation to operation of amusement ride
19.—(1) If the holder of an operating permit or any ride manager knows or ought reasonably to know of any contravention of this Act relating to the operation of the amusement ride, 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 referred to in the charge.
Alteration of conditions of operating permit
20.—(1) The Commissioner may —(a)
on his or her own volition; or
(b)
on an application made by the holder of an operating permit,
at any time alter (whether by adding to, varying or revoking) the conditions of an operating permit.
(2) Before the Commissioner alters the conditions of an operating permit on his or her own volition under subsection (1)(a), the Commissioner must give written notice to the holder of the operating permit —(a)
stating that the Commissioner proposes to alter the conditions of the operating 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 operating permit) within which written representations 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 issue a written direction to the holder of the operating permit —(a)
specifying the alteration made to the conditions of the operating permit; and
(b)
requiring the holder of the operating permit to comply with the altered conditions of the operating permit as from the date specified in the direction.
(4) An application under subsection (1)(b) to alter the conditions of an operating permit must be made to the Commissioner in such form and manner as the Commissioner may require and —(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 operating permit pursuant to an application made under subsection (1)(b), the Commissioner must issue a written direction to the holder of the operating permit —(a)
specifying the alteration made to the conditions of the operating permit; and
(b)
requiring the holder of the operating permit to comply with the altered conditions of the operating permit as from the date specified in the direction.
Operating permit not transferable
21. An operating permit is not transferable by its holder to any other person, and any such purported transfer of any operating permit is void.
Lapsing, revocation and suspension of operating permit
22.—(1) An operating permit automatically lapses —(a)
if the holder of the operating permit —(i)
dies, is wound up or otherwise dissolved, whether in Singapore or elsewhere; or
(ii)
ceases to be the operator of the amusement ride;
(b)
if the insurance required under section 13(1)(b)(iii) ceases to be in force; or
(c)
in the event of such other occurrence or in such other circumstances as may be prescribed.
(2) The Commissioner may revoke an operating permit if —(a)
the amusement ride (not being an amusement ride that is capable of being relocated) has not been in operation for a continuous period of more than 3 months;
(b)
in the Commissioner’s opinion, the holder of the operating permit has contravened or is contravening, or the operation of the amusement ride has been or is being carried out in a manner which contravenes —(i)
any condition of the operating permit;
(ii)
any prescribed requirement; or
(iii)
any direction given by the Commissioner in respect of the operation of the amusement ride;
(c)
the Commissioner has reason to believe that the operating 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 operating permit had the Commissioner been aware of the circumstance immediately before issuing the operating permit; or
(e)
the Commissioner considers it in the public interest to revoke the operating permit.
(3) The Commissioner may, if he or she considers it desirable to do so —(a)
suspend an operating 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 operating permit under subsection (2) or (3) without giving the holder of the operating permit an opportunity to be heard in accordance with the prescribed procedure.
(5) The Commissioner may revoke or suspend an operating permit without giving the holder of the operating permit an opportunity to be heard if —(a)
the holder of the operating 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 operating permit;
(c)
the holder of the operating 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 operating permit had acted fraudulently or dishonestly; or
(d)
the Commissioner of Civil Defence has, under section 37, withdrawn the certificate of compliance that has been issued in respect of the fire and rescue management system of the amusement ride being operated by the holder of the operating permit.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
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