Health and Safety at Work (Adventure Activities) Regulations 2016

8 Offence to provide or offer to provide adventure activity unless registered or exempt

(1)

An adventure activity operator must not provide an adventure activity to a participant unless, when the activity is offered,—

(a)

the operator is registered to provide it; or

(b)

the operator holds an exemption from the requirement to be registered granted by WorkSafe under section 220 of the Act.

(2)

An adventure activity operator must not offer to provide an adventure activity to the public unless, when the activity is offered,—

(a)

the operator is registered to provide it; or

(b)

the operator has—

(i)

engaged a safety auditor to conduct a safety audit under regulation 6 within a specified time that expires before the date on which the activity is offered; and

(ii)

provided the safety auditor with the information required by regulation 6(1)(c); and

(iii)

included in any publicity or documentation relating to the offer a statement that the activity offered will be provided only if the operator is registered to provide it, or is exempt from the requirement to be registered, on the date on which the activity is due to be provided; or

(c)

the operator holds an exemption from the requirement to be registered granted by WorkSafe under section 220 of the Act.

(3)

A person who contravenes subclause (1) or (2) commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2011/367 r 7