Requirement for modification permit
23.—(1) A person must not carry out or cause any major modification to be carried out to any amusement ride unless that major modification is authorised by, and is carried out in accordance with the conditions of, a valid modification permit.
(2) Any person who commences or carries out, or who permits or authorises the commencement or carrying out of, any modification 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 modification 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 modification 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 the modification works; or
(b)
take or cause to be taken all measures that the Commissioner thinks necessary to secure the cessation of the modification 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 he or she thinks necessary to secure the cessation of the modification 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 modification works are being carried out; and
(b)
the dismantling of any part of the amusement ride on which the modification works have been or are being carried out.
(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 any modification 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 modified or with the modification works relating thereto; or
(b)
any component that has been or is to be incorporated into the amusement ride in connection with the modification works.
(7) Section 51(2) applies to any item seized and detained under subsection (6).
Application for and issue of modification permit
24.—(1) An application for a modification 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) A person who wishes to obtain a modification permit must, before making an application under subsection (1) —(a)
appoint a qualified person to —(i)
review the design and specifications and the proposed modification method and programme of the major modification of the amusement ride and certify that they conform to the prescribed requirements;
(ii)
supervise the modification works; and
(iii)
inspect and certify the amusement ride under section 30 upon the completion of its major modification,
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 modified 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 approval of the design and plans of the fire and rescue management system of the amusement ride as proposed to be modified.
(3) Upon receiving an application under subsection (1) and the accompanying documents and particulars, the Commissioner may —(a)
subject to subsection (4), issue a modification 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 modification method and programme of the major modification;
(ii)
take such measures as the Commissioner may specify for the purpose of ensuring that the modification works will conform to the prescribed requirements; and
(iii)
resubmit the application for the modification permit upon having made those alterations or amendments or taken those measures; or
(c)
refuse to issue the modification 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 a modification permit unless the Commissioner is satisfied that —(a)
the applicant —(i)
is a fit and appropriate person to be issued a modification permit; and
(ii)
satisfies the prescribed requirements;
(b)
the design and specifications and the proposed modification method and programme of the major modification 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 modified, or to which the amusement ride is to be 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 as proposed to be modified have been approved by the Commissioner of Civil Defence under section 36(3)(a); and
(e)
the modification 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 the Commissioner may allow, the Commissioner may dismiss the application.
Carrying out of modification works
25.—(1) The holder of a modification permit must ensure that no modification works are carried out except under the supervision of a qualified person.
(2) It is the duty of —(a)
the holder of a modification permit;
(b)
any person who is directly engaged in the carrying out of the modification works authorised by the modification permit; and
(c)
the qualified person supervising the modification works,
to ensure that the modification works are at all times carried out in accordance with —
(d)
the design and specifications and the proposed modification method and programme, as authorised by the modification permit;
(e)
the conditions of the modification permit;
(f)
the prescribed requirements; and
(g)
any direction given by the Commissioner in respect of the modification works.
(3) Where, in relation to any modification 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 modification works are dangerous or liable to pose a danger to persons who are employed in connection with the modification works, or who are using or operating, or in the vicinity of, the amusement ride being modified,
the Commissioner may, without revoking or suspending the modification permit under section 29, direct the holder of the modification permit or the person directly engaged in carrying out the modification works to —
(c)
cease the modification 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 modification 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 modification permit in such form and manner as the Commissioner may require, grant his or her consent for the modification works or any part thereof to resume if he or she is satisfied that any such modification 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 a modification 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 modification 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 modification works and who, in carrying out those modification works, deviates or permits or authorises any deviation, in any material way from the design and specifications or the proposed modification method and programme authorised by the modification 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 modification 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 $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 modification works
26.—(1) If —(a)
the holder of a modification permit;
(b)
any person who is directly engaged in the carrying out of the modification works authorised by the modification permit; or
(c)
the qualified person supervising the modification works,
knows or ought reasonably to know of any contravention of this Act relating to the carrying out of the modification 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 referred to in the charge.
Alteration of conditions of modification permit
27.—(1) The Commissioner may —(a)
on his or her own volition; or
(b)
on an application made by the holder of a modification permit,
at any time alter (whether by adding to, varying or revoking) the conditions of a modification permit.
(2) Before the Commissioner alters the conditions of a modification permit on his or her own volition under subsection (1)(a), the Commissioner must give written notice to the holder of the modification permit —(a)
stating that the Commissioner proposes to alter the conditions of the modification 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 modification 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 thereupon issue a written direction to the holder of the modification permit —(a)
specifying the alteration made to the conditions of the modification permit; and
(b)
requiring the holder of the modification permit to comply with the altered conditions of the modification permit as from the date specified in the direction.
(4) An application under subsection (1)(b) to alter the conditions of a modification 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 a modification permit pursuant to an application made under subsection (1)(b), the Commissioner must issue a written direction to the holder of the modification permit —(a)
specifying the alteration made to the conditions of the modification permit; and
(b)
requiring the holder of the modification permit to comply with the altered conditions of the modification permit as from the date specified in the direction.
Modification permit not transferable
28. A modification permit is not transferable by its holder to any other person, and any such purported transfer of any modification permit is void.
Lapsing, revocation and suspension of modification permit
29.—(1) A modification permit automatically lapses —(a)
if the holder of the modification permit —(i)
dies, is wound up or otherwise dissolved, whether in Singapore or elsewhere; or
(ii)
ceases to be the person carrying out the modification works or for whom the modification works are to be carried out, as the case may be;
(b)
if the qualified person appointed by the holder of the modification permit under section 24(2)(a)(ii) to supervise the modification works has vacated his or her appointment and the holder of the modification permit has failed to appoint a substitute qualified person to supervise the modification works and to notify the Commissioner of the substitute appointment in accordance with section 44(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 a modification permit if —(a)
the modification works authorised by the modification permit, having commenced, are suspended for a continuous period of more than 3 months;
(b)
in the Commissioner’s opinion, the holder of the modification permit has contravened or is contravening, or the modification works authorised by the modification permit have been or are being carried out in a manner which contravenes —(i)
any condition of the modification permit;
(ii)
any prescribed requirement; or
(iii)
any direction given by the Commissioner in respect of the modification works;
(c)
the Commissioner has reason to believe that the modification 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 modification permit had the Commissioner been aware of the circumstance immediately before issuing the modification permit; or
(e)
the Commissioner considers it in the public interest to revoke the modification permit.
(3) The Commissioner may, if he or she considers it desirable to do so —(a)
suspend a modification 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 a modification permit under subsection (2) or (3) without giving the holder of the modification permit an opportunity to be heard in accordance with the prescribed procedure.
(5) The Commissioner may revoke or suspend a modification permit without giving the holder of the modification permit an opportunity to be heard if —(a)
the holder of the modification 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 modification permit; or
(c)
the holder of the modification 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 modification permit had acted fraudulently or dishonestly.
Inspection and certification of amusement ride after major modification
30. Upon the completion of the major modification of an amusement ride —(a)
the qualified person appointed by the holder of the modification permit under section 24(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 modification works have been properly carried out in accordance with —(A)
the design and specifications and the proposed modification method and programme, as authorised by the modification permit;
(B)
the conditions of the modification permit;
(C)
the prescribed requirements; and
(D)
any direction given by the Commissioner in respect of the modification works; and
(ii)
the amusement ride, as modified —(A)
conforms to the prescribed requirements; and
(B)
is in a safe working condition and fit for operation; and
(b)
the holder of the modification 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 as so modified.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
