Provision of information
48.—(1) The Commissioner or an enforcement officer may, for the purposes of —(a)
conducting an investigation into —(i)
any offence or suspected offence under this Act; or
(ii)
any adverse incident that has occurred in respect of an amusement ride; or
(b)
otherwise discharging his or her functions under this Act,
by written notice require any person who appears to the Commissioner or enforcement officer to be acquainted with the facts or circumstances of the case under investigation or with the facts or circumstances relating to the installation, operation, major or minor modification, relocation, maintenance or repair of an amusement ride (as the case may be) to provide to the Commissioner or enforcement officer, within such time as may be specified in the notice, any information or document which the person knows or has in the person’s possession or which the person is in a position to obtain regarding the case under investigation or the amusement ride to which the notice relates.
(2) Any person who fails to comply with a notice given to the person by the Commissioner or an enforcement officer under subsection (1) 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 for a person charged with an offence under subsection (2) to prove that the person did not know or have, and could not with reasonable diligence have ascertained or obtained, the information or document required.
Misrepresentation
49.—(1) Any person who, for the purposes of obtaining any permit, consent, certificate, approval, direction or other decision from the Commissioner under this Act, or who, in purported compliance with any provision of this Act —(a)
provides the Commissioner or an enforcement officer with any particulars or information which the person knows is false or misleading; or
(b)
submits to the Commissioner or an enforcement officer any declaration, certificate, report, record, notice or other document which —(i)
contains any statement which the person knows to be false in a material particular or to have been recklessly made;
(ii)
has not been made by the person by whom it is purported to have been made; or
(iii)
has been in any way altered or tampered with,
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.
(2) In this section, a reference to the Commissioner includes a reference to the Commissioner of Civil Defence.
Power to enter and inspect premises
50.—(1) The Commissioner or an enforcement officer may, at any time and without warrant, enter any premises and inspect any amusement ride that has been or is being installed, operated, modified or relocated on the premises, or any building that forms part of or is connected to such amusement ride, for the purpose of —(a)
ascertaining whether there is, or has been, any contravention of this Act;
(b)
ascertaining whether any circumstances exist that would authorise the Commissioner or enforcement officer to take any action or execute any work under this Act;
(c)
taking any action or carrying out any work, authorised or required to be taken or carried out by this Act;
(d)
inspecting any record, book or other document kept and maintained, as required by this Act, in relation to the amusement ride or its installation, operation, modification or relocation; or
(e)
carrying out any investigation into any adverse incident that has occurred in respect of the amusement ride.
(2) The owner of any premises mentioned in subsection (1) as well as the person responsible for the amusement ride on those premises (if that person is not the same person as the owner of those premises) must, without cost —(a)
afford the Commissioner or an enforcement officer such facilities and assistance as the Commissioner or enforcement officer may reasonably require for the purposes of carrying out any inspection under subsection (1); and
(b)
produce for the inspection of the Commissioner or enforcement officer, or provide the Commissioner or enforcement officer with copies of, any record, book or other document as the Commissioner or enforcement officer may require for the purposes of subsection (1).
(3) If any person to whom subsection (2) applies contravenes that subsection, that person shall be guilty of an offence.
Seizure and detention of documents, components of amusement ride, etc.
51.—(1) The Commissioner or an enforcement officer may, in the course of carrying out any inspection under section 50 —(a)
seize and detain any record, book or other document which the Commissioner or enforcement officer has reasonable cause to believe to be a record, book or document which —(i)
may be required for the purposes of enforcing this Act; or
(ii)
may contain evidence relating to the commission of any offence under this Act; and
(b)
dismantle and seize and detain —(i)
any machinery, equipment or plant connected or used in connection with an amusement ride or with any installation works, modification works or relocation works; or
(ii)
any component of an amusement ride,
if the Commissioner or enforcement officer has reason to believe that that machinery, equipment, plant or component does not comply with the prescribed requirements or has been or could have been the cause of the occurrence of any adverse incident in respect of the amusement ride.
(2) Where any item has been seized under subsection (1) or any other provision of this Act —(a)
the Commissioner or enforcement officer who seized the item must, as soon as practicable, give written notice of the seizure to the person from whom the item was seized, unless that person was present at the time of the seizure;
(b)
any person claiming the item seized may within 48 hours after the seizure complain of the seizure to a Magistrate, and the complaint may be heard and determined by the Magistrate who may —(i)
confirm the seizure wholly or in part;
(ii)
disallow the seizure wholly or in part;
(iii)
order that the item seized be restored to its owner, subject to such condition as the Magistrate may think fit to impose to ensure that the item is preserved for any purpose for which it may subsequently be required; or
(iv)
order payment to be made to the owner of the item seized of an amount the Magistrate considers will compensate the owner for any loss or depreciation resulting from the seizure;
(c)
in the absence of any claim under paragraph (b) or pending the determination of any such claim, the item may be kept or stored in such place or premises as the Commissioner may direct;
(d)
the Commissioner or an enforcement officer may —(i)
mark, seal or label the item in the manner that he or she thinks fit for the purpose of indicating that the item is under detention; and
(ii)
lock or seal the premises where the item is being detained; and
(e)
any person who, without the authority of the Commissioner or an enforcement officer —(i)
interferes, removes or otherwise tampers with the item;
(ii)
alters, counterfeits, defaces, destroys, erases or removes any mark, seal or label placed by the Commissioner or enforcement officer on the item under paragraph (d)(i); or
(iii)
opens, breaks or otherwise tampers with the lock or seal placed by the Commissioner or enforcement officer at the entrance to, or any other part of, any premises under paragraph (d)(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.
Powers of arrest
52.—(1) A police officer may arrest without warrant any person who has committed, or whom the police officer reasonably suspects to have committed, an offence under this Act if —(a)
the person declines to give his or her name and address when required to do so by the police officer;
(b)
the person gives to the police officer an address that is outside Singapore; or
(c)
the police officer has reason to doubt the accuracy of the name or address given by that person.
(2) A person arrested under subsection (1) may be detained until his or her name and address are correctly ascertained, except that the person so arrested must not be detained longer than is necessary for bringing him or her before a court unless the order of a court for his or her detention is obtained.
Power to require dismantling of amusement ride in dangerous condition, etc.
53.—(1) Where in the Commissioner’s opinion any amusement ride has been or is being installed, operated, modified or relocated in such a manner, or is in such a condition or state of disrepair, as to pose an imminent danger to persons who are using or operating, or in the vicinity of, the amusement ride, the Commissioner may do either or both of the following:(a)
direct the holder of the installation permit, operating permit or modification permit (as the case may be) in respect of the amusement ride or any other person responsible for the amusement ride to —(i)
immediately cease any installation works, modification works or relocation works being carried out on the amusement ride or the operation of the amusement ride, and close or cordon off the amusement ride; and
(ii)
take such measures as the Commissioner may specify to secure, stabilise or dismantle the amusement ride within such time as the Commissioner may stipulate;
(b)
engage a qualified person or a specialist to carry out such investigations and tests as may be necessary and to advise the Commissioner on all matters relating to the safety of the amusement ride or any installation works, modification works or relocation works which have been or are being carried out in respect of the amusement ride.
(2) If any person fails to comply with any direction given to the person under subsection (1)(a) —(a)
the person shall be guilty of an offence and shall be liable on conviction —(i)
to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 12 months or to both; and
(ii)
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; and
(b)
the Commissioner may —(i)
take or cause to be taken all such measures as may be necessary to secure, stabilise or dismantle, and to close or cordon off, the amusement ride in accordance with the direction given by the Commissioner under subsection (1)(a); and
(ii)
recover from the person in default by way of a civil suit all costs and expenses reasonably incurred by the Commissioner in the exercise of his or her powers under sub-paragraph (i).
(3) The Commissioner may give a direction under subsection (1)(a) in writing or in such other form or manner as he or she thinks fit in the circumstances of the case.
(4) The Commissioner may order the person mentioned in subsection (1)(a) to pay or reimburse the Commissioner all or a specified part of the expenses that the Commissioner has incurred in engaging a qualified person or a specialist under subsection (1)(b), failing which the Commissioner may recover those expenses from that person by way of a civil suit.
Reporting of adverse incidents
54.—(1) The person responsible for an amusement ride and the ride manager of the amusement ride must, as soon as practicable, upon the occurrence of any adverse incident in respect of the amusement ride, inform the Commissioner of that occurrence.
(2) Where the Commissioner receives any information under subsection (1) or becomes aware of the occurrence of any adverse incident in respect of an amusement ride through any other means, the Commissioner may —(a)
direct the person responsible for the amusement ride to immediately close or cordon off the amusement ride and take such measures as the Commissioner may specify to —(i)
safely and expeditiously rescue and evacuate all patrons and other persons who are on the amusement ride;
(ii)
protect the safety of persons who are in the vicinity of the amusement ride; and
(iii)
otherwise address the adverse incident; and
(b)
by written notice require the person responsible for the amusement ride to investigate into the adverse incident and submit a report of the person’s findings and recommendations to the Commissioner within such time as the Commissioner may specify.
(3) The Commissioner may also in any notice given under subsection (2)(b) require the person responsible for the amusement ride to submit to the Commissioner, in such form and manner and within such time and for such period as the Commissioner may specify, a report containing such information as the Commissioner may require concerning —(a)
the measures that the person responsible for the amusement ride has taken pursuant to the direction given to the person under subsection (2)(a);
(b)
the results of the measures so taken; and
(c)
any other matter that the Commissioner thinks necessary or relevant in the circumstances.
(4) The Commissioner may give a direction under subsection (2)(a) in writing or in any other form or manner that he or she thinks fit in the circumstances of the case.
(5) Any person who —(a)
contravenes subsection (1); or
(b)
fails to comply with —(i)
any direction given to the person under subsection (2)(a); or
(ii)
any notice given to the person under subsection (2)(b),
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.
Obstructing Commissioner or enforcement officers in execution of their duties
55. Any person who obstructs, hinders or impedes —(a)
the Commissioner;
(b)
any enforcement officer; or
(c)
any other person acting under the direction of the Authority, the Commissioner or an enforcement officer,
in the performance or execution of his or her duty or anything which he or she is authorised, empowered or required to do under this Act 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.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
