Amusement ride to be maintained in safe condition
31.—(1) It is the duty of the person responsible for an amusement ride —(a)
to ensure that the amusement ride is at all times maintained in a state of good repair and in a safe working condition; and
(b)
to comply with such directions as the Commissioner may give concerning the maintenance and safety of the amusement ride.
(2) If the person responsible for an amusement ride contravenes subsection (1), that person 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.
Commissioner may require repairs and modifications to amusement ride
32.—(1) The Commissioner may by written notice require the person responsible for an amusement ride —(a)
to carry out, at the expense of that person and within the time specified in the notice, any repairs or modifications to the amusement ride that the Commissioner considers necessary for —(i)
the proper maintenance of the amusement ride; and
(ii)
the safety of persons who are using or operating, or in the vicinity of, the amusement ride; and
(b)
if the Commissioner thinks necessary, to close or cordon off the amusement ride until all those repairs and modifications to the amusement ride have been completed to the Commissioner’s satisfaction.
(2) Where at any time there exists, in the Commissioner’s opinion, any circumstance requiring the immediate putting into effect of any repairs or modifications mentioned in subsection (1) in respect of an amusement ride, the Commissioner may by written notice order the immediate closure or cordoning off of the amusement ride and the prohibition of its use by members of the public until all those repairs and modifications have been completed to his or her satisfaction.
(3) If a person responsible for an amusement ride fails to comply with a notice given to the person under subsection (1) or (2), the person 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 failure to comply, to an additional fine not exceeding $500 for each day or part of a day 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 of a day during which the failure to comply continues after conviction.
Duty to notify Commissioner of minor modification of amusement ride
33.—(1) Where any minor modification is to be carried out on any amusement ride, the person responsible for the amusement ride must give the Commissioner written notice of the intended minor modification —(a)
in such form and manner as the Commissioner may require; and
(b)
of not less than one month (or such shorter period as the Commissioner may allow in any particular case) before the date on which the modification works are to commence.
(2) Upon receiving a notice under subsection (1), the Commissioner may, by written notice —(a)
require the person responsible for the amusement ride to provide, within the time specified in the notice, such further information concerning the minor modification as the Commissioner may specify before commencing the modification works;
(b)
impose any conditions or give any directions that the Commissioner thinks fit subject to which the modification works are to be carried out; or
(c)
if the Commissioner is of the opinion that the modification works amount to a major modification of the amusement ride, prohibit the commencement of the modification works and direct the person responsible for the amusement ride to apply for a modification permit instead.
(3) If any person responsible for an amusement ride —(a)
contravenes subsection (1); or
(b)
fails to comply with any requirement of the Commissioner under subsection (2)(a) or with any condition, direction or prohibition that is imposed, given or made by the Commissioner under subsection (2)(b) or (c), as the case may be,
the person shall be guilty of an offence and shall be liable on conviction —
(c)
to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 6 months or to both; and
(d)
in respect of a continuing contravention or failure to comply, to an additional fine not exceeding $500 for each day or part of a day during which the contravention or failure to comply continues,
and if the contravention or 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 of a day during which the contravention or failure to comply continues after conviction.
Relocation of amusement ride
34.—(1) The holder of an operating permit in respect of an amusement ride that is capable of being relocated must not relocate or cause that amusement ride to be relocated unless the holder of the operating permit has given the Commissioner written notice of his, her or its intention to so relocate the amusement ride —(a)
in such form and manner as the Commissioner may require; and
(b)
of not less than the prescribed period before the date on which the relocation is to be carried out.
(2) Upon receiving a notice under subsection (1), the Commissioner may, by written notice —(a)
require the holder of the operating permit to provide, within the time specified in the notice, such further information concerning the relocation of the amusement ride as the Commissioner may specify before the relocation works are carried out;
(b)
impose any conditions or give any directions that the Commissioner thinks fit subject to which the relocation works are to be carried out; or
(c)
if the Commissioner is of the opinion that the premises to which the amusement ride is to be relocated are unsafe or unsuitable for the operation of the amusement ride, prohibit the relocation of the amusement ride.
(3) If the holder of the operating permit —(a)
contravenes subsection (1); or
(b)
fails to comply with any requirement of the Commissioner under subsection (2)(a) or with any condition, direction or prohibition that is imposed, given or made by the Commissioner under subsection (2)(b) or (c), as the case may be,
the holder of the operating permit shall be guilty of an offence and shall be liable on conviction —
(c)
to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 6 months or to both; and
(d)
in respect of a continuing contravention or failure to comply, to an additional fine not exceeding $500 for each day or part of a day during which the contravention or failure to comply continues,
and if the contravention or failure to comply 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 or failure to comply continues after conviction.
(4) The holder of the operating permit must ensure that no relocation works are carried out in respect of an amusement ride except under the supervision of —(a)
the ride manager of the amusement ride; or
(b)
in the case of a major amusement ride, a qualified person.
(5) It is the duty of —(a)
the holder of the operating permit;
(b)
any person who is directly engaged in the carrying out of the relocation works; and
(c)
the ride manager or qualified person (as the case may be) supervising the relocation works,
to ensure that the relocation works are at all times carried out in accordance with —
(d)
where applicable, the design and specifications and the proposed installation method and programme, as authorised by the installation permit that has been issued in respect of the amusement ride;
(e)
the prescribed requirements; and
(f)
any condition imposed or direction given by the Commissioner under subsection (2) in respect of the relocation works.
(6) Where, in relation to the relocation of an amusement ride, the Commissioner is of the opinion that —(a)
any requirement under subsection (4) or (5) has not been or is not being complied with; or
(b)
the relocation works are dangerous or liable to pose a danger to persons who are employed in connection with the relocation works, or who are using or operating, or in the vicinity of, the amusement ride,
the Commissioner may direct the holder of the operating permit in respect of the amusement ride or the person directly engaged in carrying out the relocation works to —
(c)
cease the relocation 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 those relocation works or part thereof (as the case may be) must not be resumed without the written consent of the Commissioner.
(7) 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 relocation works or any part thereof to resume if he or she is satisfied that any such relocation works or part thereof, if allowed to resume —(a)
will comply with the requirements under subsections (4) and (5); and
(b)
will not pose a danger to any person.
(8) Upon the completion of the relocation of an amusement ride —(a)
the ride manager or qualified person who supervised the relocation works must inspect the amusement ride and issue a certificate stating that, in the opinion of the ride manager or qualified person, as the case may be —(i)
the relocation works have been properly carried out in accordance with —(A)
where applicable, the design and specifications and the proposed installation method and programme, as authorised by the installation permit that has been issued in respect of the amusement ride;
(B)
the prescribed requirements; and
(C)
any condition imposed or direction given by the Commissioner under subsection (2) in respect of the relocation works; and
(ii)
the amusement ride, as relocated —(A)
conforms to the prescribed requirements; and
(B)
is in a safe working condition and fit for operation; and
(b)
the holder of the operating permit —(i)
must, in the case only of a major amusement ride, apply to and obtain from the Commissioner of Civil Defence, in accordance with section 36, a certificate of compliance in respect of the fire and rescue management system of the amusement ride; and
(ii)
must not, in any case, resume operation of the amusement ride unless the holder of the operating permit has, in accordance with the prescribed requirements, submitted to the Commissioner the certificate issued by the ride manager or qualified person (as the case may be) under paragraph (a).
(9) Where —(a)
a person to whom the Commissioner has given a direction under subsection (6) —(i)
fails to comply with the direction; or
(ii)
resumes the relocation works without the written consent of the Commissioner; or
(b)
the holder of an operating permit, in contravention of subsection (8)(b)(ii), resumes the operation of an amusement ride without the written consent of the Commissioner,
the person or the holder of the operating permit (as the case may be) 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.
Closure or cordoning off of amusement ride for safety reasons
35.—(1) The person responsible for an amusement ride must wholly or partially close or cordon off the amusement ride whenever such action appears reasonably necessary —(a)
for the safety of persons who are using or operating, or in the vicinity of, the amusement ride; or
(b)
in the case of the occurrence of any adverse incident in respect of the amusement ride.
(2) The person responsible for an amusement ride must, as soon as practicable, notify the Commissioner (in such form and manner as the Commissioner may require) of any closure or cordoning off of the amusement ride under subsection (1).
(3) If a person responsible for an amusement ride contravenes subsection (1), the 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.
(4) If a person responsible for an amusement ride contravenes subsection (2), the person 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.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
