(1) These regulations may be cited as the Amusement Devices Regulations 1978.

(2) These regulations shall come into force on the day after the date of their notification in the Gazette.

(1) In these regulations, unless the context otherwise requires,—

(2) In these regulations reference to a numbered form is a reference to the form so numbered in Schedule 1.

These regulations shall not apply to any amusement device that—

• (a) contains only 1 mechanical unit; and

• (b) is activated by the insertion of a coin into a slot; and

• (c) is designed to carry no more than 2 passengers; and

• (d) is located in or near retail shop premises—

unless an Inspector informs the owner of the device in writing that these regulations should apply to it.

(1) Every application for registration under section 21A of the Act shall be made to an Inspector of Machinery in form 1.

(2) Every such application shall be in respect of 1 amusement device only.

(3) For the purposes of subclause (2), a number of individually propelled machines such as dodgems, mini-bikes and the like intended to be used and operated in the 1 enclosure and each suitably identified by number shall, together with all other equipment and machinery intended to be used during their use and operation, be deemed to constitute a single amusement device.

(4) An application must be accompanied by a fee of $30 and,—

• (a) in the case of an amusement device that is not a model engineering amusement device, an engineer's certificate in form 2:

• (b) in the case of a model engineering amusement device, either—

  • (i) an engineer's certificate in form 2; or

  • (ii) a competent person's certificate in form 2A.

(5) An application for registration made in respect of an amusement device that is not registered at the time the application is made shall also be accompanied by 2 photographs, taken from different positions, each showing the whole of the device and being at least 150 mm long and 100 mm wide in picture size.

(1) An engineer must not issue an engineer's certificate in respect of an amusement device (including a model engineering amusement device) and a competent person must not issue a competent person's certificate in respect of a model engineering amusement device unless the engineer or competent person (as the case may be) has examined the device in accordance with these regulations and is satisfied:

• (a) that the device is soundly constructed of proper materials and free from patent defects:

• (b) either that the device is equipped with a suitable and effective braking system or that such a system would not increase the safety of the device:

• (c) where, during operation of the device, there is a possibility of accidental collision if the normal controls fail, that the device is equipped with a suitable and effective emergency braking system:

• (d) in the case of a device the dynamic effects of whose movement during normal operation, as a result of the failure of its normal controls during normal operation, or as a result of the application of an emergency braking system after such a failure, could result in the ejection of passengers, that the device is equipped with passenger restraining and containing apparatus, incapable of inadvertent release by a passenger or by accident, sufficient to prevent such ejection:

• (e) in the case of a device whose prime mover would otherwise be capable of driving it at a speed that is too great for safety, that the device is equipped with a governor that restricts the operation of the device to a speed that is safe:

• (f) in the case of a rotating device, that it is equipped with visual indicators sufficient to show the speed of rotation:

• (g) that all parts of the device with which a passenger may come into contact are smooth, free from sharp, rough, or splintered edges and corners, and with no protruding studs, bolts, screws, or other projections:

• (h) in the case of a device operated on tracks and capable of backward movement in the event of a failure of the propelling mechanism, that the device is equipped with automatic apparatus capable of arresting any such backward movement:

• (i) in the case of a device during the operation of which dynamic forces are used to retain the passengers in position, that the device is so constructed that the passengers remain safe in the event of a power or transmission failure such that those forces become insufficient so to retain them:

• (j) in the case of a device having a moving part that moves near persons being carried on another part, that the device is so constructed as to prevent those persons from coming into contact with that moving part:

• (k) in the case of a device having a stationary part near which persons being carried on a moving part pass, that the device is so constructed as to prevent those persons from coming into contact with that stationary part:

• (l) that the device is capable of supporting the maximum load to which it may be subjected and will move safely at the speeds at which it is designed to move.

(2) For the purposes of subclause (1)(d), in the case of any device that during operation is capable of exerting upon any person centrifugal force capable of ejecting him from the device, the device shall be deemed to be a device whose prime mover is capable of driving at a speed that is too great for safety if the prime mover is capable of driving the device at such a speed that it exerts a centrifugal force upon any person capable of imparting an acceleration of more than 7 m/s².

(3) In examining an amusement device and so satisfying himself an engineer or competent person shall have regard to all relevant engineering considerations including those involving dynamic loads, critical speeds, forced vibration, engine drives, gearboxes, transmission, speed controls, bearings and fixings, and built-in safety apparatus such as speed governors.

(1) Subject to subclauses (2) and (3), if, after examining an amusement device, an engineer is satisfied of the matters specified in regulation 5(1) that apply to it, he may issue an engineer's certificate in respect of it.

(1A) Subject to subclause (3), if, after examining a model engineering amusement device, the competent person is satisfied of the matters specified in regulation 5(1) that apply to it, the competent person may issue a competent person's certificate in respect of it.

(2) In the case of a device of a kind specified in Schedule 2, the engineer shall not issue an engineer's certificate unless he has examined all critical load-bearing parts for metal fatigue, and unless he is satisfied that—

• (a) the device provides a minimum seating width of 400 mm per person; and

• (b) the device is capable of supporting a static loading of 70 kg for every person it is capable of carrying; and

• (c) except in the case of a device designed to carry passengers in a standing position, the device is provided with an effectual means of preventing passengers from standing when it is in motion; and

• (d) the device is provided with an effectual means of preventing passengers from being trapped between fixed and moving parts of the device; and

• (e) the device is equipped with suitable supporting, levelling, and stabilising devices; and

• (f) all material fastenings, and all chains, attachments, and similar components, are of a type adequate and suitable for the purposes for which they are to be used.

(3) If, having regard to the nature of the device, the extent of its likely usage, and any other factors the engineer or competent person (as the case may be) considers relevant, the engineer or competent person believes that the device should be examined again within a period of less than 2 years, the engineer or competent person must specify that period in the relevant certificate.

(4) Every certificate shall specify a maximum safe operating speed and a maximum safe operating load in respect of the amusement device to which it relates.

If an engineer or competent person is of the opinion that an amusement device cannot be erected and operated without danger to persons operating or using it or in its vicinity unless some condition or requirement is observed, the engineer or competent person must specify that condition or requirement in any certificate issued by the engineer or competent person in respect of the device.

(1) If the Inspector to whom an application for registration under section 21A of the Act is satisfied that it is in order, he shall issue a certificate of registration, in form 3, in respect of the amusement device to which it relates.

(2) Every certificate of registration shall specify—

• (a) the conditions and requirements (if any) specified in the engineer's certificate or competent person's certificate relating to the amusement device concerned; and

• (b) the maximum safe operating speed specified in the engineer's certificate or competent person's certificate relating to the amusement device concerned; and

• (c) any other conditions and requirements the Inspector concerned considers appropriate;—

and where any condition or requirement is so specified, the certificate of registration shall be deemed to have been issued subject to it.

(3) Subject to these regulations, every certificate of registration shall be valid—

• (a) where some period has been specified in the engineer's certificate or competent person's certificate concerned, for that period; or

• (b) where no period has so been specified, for 2 years.

(1) A registration number shall be allotted to and recorded upon every certificate of registration.

(2) The owner of a registered amusement device shall cause to be affixed to the device, and, where the device consists of several individual appliances, to each appliance, and to be at all times maintained in such a manner as to be clearly legible, in numbers not less than 100 mm in height made of durable material and affixed in a prominent place as closely adjacent to the operator's controls as practicable, the registration number of the certificate of registration issued in respect of it.

Within 1 month of a charge in the ownership of an amusement device, the former owner shall notify an Inspector in writing of the name and address of the new owner.

(1) Every application for a permit shall be in form 4 and shall be accompanied by a current certificate of registration in respect of the amusement device for which the permit is sought.

(2) A local authority to which an application for a permit is made shall, before issuing it, cause the site and device to be inspected by the local authority engineer or some other competent person.

(3) Every person inspecting an amusement device pursuant to subclause (2) shall have regard to whether:

• (a) the ground on which the device is erected is capable of supporting it without risk of subsidence:

• (b) there is sufficient clearance between any part of the device and any fixed or moving objects in its vicinity to prevent injury to any person when the device is in operation:

• (c) such protective fences or barriers as the local authority may require are erected:

• (d) in all other respects, the erection and proposed operation of the device complies with the local authority's bylaws.

(4) Every permit shall be in form 5.

(5) A local authority to which an application for a permit in respect of an amusement device is made shall issue the permit if:

• (a) the application is in accordance with these regulations; and

• (b) the application is accompanied by the fee prescribed by subclause (6); and

• (c) the person who inspected the device was satisfied of the matters specified in subclause (3).

(6) The fee required to be paid for an application for a permit shall be:

• (a) for 1 device, for the first 7 days of proposed operation or part thereof, $10:

• (b) for each additional device operated by the same owner, for the first 7 days or part thereof, $2:

• (c) for each device, $1 for each further period of 7 days or part thereof.

Every notice under section 21A(10) of the Act shall be in form 6.

Where a local authority cancels a permit under section 21A(9) of the Act, it shall inform the Inspector of that fact.

In addition to the conditions and requirements (if any) specified in it, every certificate of registration of an amusement device shall be deemed to have been issued subject to the following conditions:

• (a) all parts of the device shall be properly aligned and not bent, distorted, cut, or damaged, in order to force-fit parts together:

• (b) worn or damaged parts shall not be used:

• (c) parts requiring lubrication shall be lubricated in the course of erection and at proper intervals thereafter:

• (d) fastenings and locking apparatus shall be installed where required for safe operation and secured in a proper manner:

• (e) makeshift apparatus shall not be used:

• (f) suitable artificial lighting shall be installed where necessary for the safety of passengers:

• (g) the device, and all safety equipment, fences, barriers, and other fixtures round it, shall be kept in a good state of repair, and maintained in that condition free from patent defects:

• (h) any welding of load bearing parts shall be done by a person who is the holder of a welding certificate appropriate for the type of welding being carried out:

• (i) where splitpins or taper pins are used in floating spindles, washers shall be provided between the pins and adjacent rubbing surfaces and at all times the correct pins shall be used.

(1) The owner of an amusement device shall examine it on each occasion that it is erected to ensure that it fully complies with these regulations; and he shall also inspect it at least once each day before it is used to ensure that it is in a safe operating condition.

(2) A close visual examination of parts shall be made during erection of the device to discover any wear or damage that may have occurred; and all fastenings, including nuts, bolts, and splitpins, shall be examined after erection of the device and before operation to ensure they have been properly installed.

(3) For the purpose of subclause (1), the inspection shall include the operation of control mechanisms, speed limiting apparatus, brakes, fastenings, and other safety equipment, including fences and barriers provided for the safe operation of the device and the safety of passengers and persons within the vicinity.

(4) The owner of the device shall keep a register, and shall enter in it the following matters:

• (a) a description of the device:

• (b) the name of the owner:

• (c) the registration number of the device:

• (d) in respect of each such examination and inspection—

  • (i) a statement as to whether the entries relate to an examination after erection or a daily inspection:

  • (ii) the date the examination or inspection took place:

  • (iii) details of all repairs and alterations made to the device since the previous entry in the register.

(5) The register in use for the time being and every such register used at any time within the preceding 2 years shall at all times be open to inspection by the Inspector and by every authorised officer or servant of a local authority.

Where, during the currency of a certificate of registration, an Inspector becomes aware of any defect in or lack of maintenance of the amusement device to which it relates, he may require the owner to carry out such improvements as he considers necessary to meet the conditions of the certificate of registration, and may require a further examination by an engineer or competent person and a certificate of examination.

Where an amusement device—

• (a) has been involved in an accident; or

• (b) has been repaired or altered in a way that, in the opinion of the Inspector, has detrimentally affected its performance or safe operation; or

• (c) is, for any reason, considered unsafe by the Inspector—

the Inspector may revoke its certificate of registration by notice in writing to its owner.

(1) Where any person is killed or suffers serious bodily injury as a result of an accident involving an amusement device the owner of the device shall as soon as practicable, and in any event not later than 48 hours after the accident, send notice thereof in form 7 to the Inspector and to the local authority in whose area the device was operating at the time of the accident.

(2) For the purposes of this regulation, serious bodily injury means an injury that is likely to incapacitate the person injured for at least 48 hours.

(3) The Inspector and the representative of the local authority may make such inquiries as they think fit as to the cause of any accident and for that purpose may examine the owner, the operator, or any other person whom they have reason to believe has knowledge of the accident.

(4) Neither the owner nor the operator of an amusement device to which subclause (1) applies shall, until the Inspector and the representative of the local authority have visited the scene of the accident and have completed their inquiries, in any way deal with the device, or any records relating to it, if the dealing would, or would be likely to, prevent or hinder the ascertainment of the cause of the accident.

(1) Where any incident involving the capsizing, collapsing, or failure of a load-bearing part or safety appliance of an amusement device occurs, the owner shall as soon as practicable, and in any event not later than 48 hours after the incident, send notice thereof in form 7 to the Inspector and to the local authority in whose area the device was operating.

(2) The Inspector and the representative of the local authority may make such inquiries as they think fit as to the cause of any incident and for that purpose may examine the owner, the operator, or any other person whom they have reason to believe has knowledge of the incident.

No owner of an amusement device shall permit any person to operate or take charge of the device unless that person—

• (a) has attained the age of 18 years; and

• (b) has been adequately instructed as to the possible dangers involved and the precautions to be observed in the operation of the device; and

• (c) has received sufficient training to enable him to operate the device in a manner which is safe to every person using it or in the vicinity of it during operation, including directions as to—

  • (i) the requirements for safe loading of the device; and

  • (ii) the use and maintenance of all appliances and apparatus provided for the safe operation of the device or the safety of passengers; and

  • (iii) the safe operating speed of the device; and

  • (iv) the corrective action to be taken in the case of an emergency for the protection of passengers and the public generally; and

• (d) is under adequate supervision for as long as may be necessary.

No person shall operate an amusement device—

• (a) in a reckless or negligent manner; or

• (b) at a speed in excess of the maximum safe operating speed; or

• (c) while he is intoxicated (within the meaning of section 5 of the Sale and Supply of Alcohol Act 2012): or

• (d) without first ensuring that all items of safety apparatus required pursuant to these regulations are provided and operative.

Every person commits an offence against these regulations who—

• (a) fails or neglects to do anything he is required by these regulations to do; or

• (b) without lawful excuse obstructs, impedes, or interferes with, the doing of anything required by these regulations to be done; or

• (c) does, or causes or permits to be done, any act in contravention of these regulations.

Every officer and servant of a local authority shall have all such powers of entry onto property, inspection of machinery, and access to and examination and copying of documents, as may be necessary to enable him to exercise the powers and functions conferred on him by the Act or these regulations.

(1) The Amusement Devices Regulations 1968 (SR 1968/20) and the Amusement Devices Regulations 1968, Amendment No 1 (SR 1974/238) are hereby revoked.

(2) Notwithstanding subclause (1), every certificate of registration under the Amusement Devices Regulations 1968 that was in force immediately before the commencement of these regulations shall continue in force as if it had been issued under these regulations; and these regulations shall apply to it, and to the amusement device to which it relates, accordingly.