Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered Regulationssubstitute
238 Operation of amusement devices and passenger ropeways
(1) The person with management or control of an amusement device or passenger ropeway at a workplace must ensure that the device or ropeway is operated only by a person who has been provided with instruction and training in its proper operation.
Maximum penalty:
(a) in the case of an individual—$6 000; or
(b) in the case of a body corporate—$30 000.
Note Strict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
(2) The person with management or control of an amusement device or passenger ropeway at a workplace must ensure that—
(a) the amusement device or passenger ropeway is checked before it is operated on each day on which it is to be operated; and
(b) the amusement device or passenger ropeway is operated without passengers before it is operated with passengers on each day on which it is to be operated; and
(c) the daily checks and operation of the amusement device or passenger ropeway without passengers are properly and accurately recorded in a log book for the device or ropeway.
Maximum penalty:
(a) in the case of an individual—$6 000; or
(b) in the case of a body corporate—$30 000.
Note Strict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
239 Storage of amusement devices and passenger ropeways
(1) The person with management or control of an amusement device or passenger ropeway at a workplace must ensure that the device or ropeway is stored so as to be without risk to health and safety.
Maximum penalty:
(a) in the case of an individual—$3 600; or
(b) in the case of a body corporate—$18 000.
Note Strict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
(2) The person with management or control of an amusement device or passenger ropeway at a workplace must ensure that a person who stores the device or ropeway is a competent person or is under the supervision of a competent person.
Maximum penalty:
(a) in the case of an individual—$3 600; or
(b) in the case of a body corporate—$18 000.
Note Strict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
240 Maintenance, inspection and testing of amusement devices and passenger ropeways
(1) The person with management or control of an amusement device or passenger ropeway at a workplace must ensure that the maintenance, inspection and, if necessary, testing of the device or ropeway is carried out—
(a) by a competent person; and
(b) in accordance with—
(i) the recommendations of the designer or manufacturer or designer and manufacturer; or
(ii) if a maintenance manual for the device or ropeway has been prepared by a competent person—the requirements of the maintenance manual.
Maximum penalty:
(a) in the case of an individual—$6 000; or
(b) in the case of a body corporate—$30 000.
Note Strict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
(2) A person is not a competent person to carry out a detailed inspection of an amusement device or passenger ropeway that includes an electrical installation unless the person is qualified, or is assisted by a person who is qualified, to inspect electrical installations.
241 Annual inspection of amusement devices and passenger ropeways
(1) The person with management or control of an amusement device or passenger ropeway at a workplace must ensure that a detailed inspection of the device or ropeway is carried out at least once every 12 months by a competent person.
Maximum penalty:
(a) in the case of an individual—$6 000; or
(b) in the case of a body corporate—$30 000.
Note Strict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
(2) An annual inspection must include the following:
(a) a check of information about the operational history of the amusement device or passenger ropeway since the last detailed inspection;
(b) a check of the log book for the amusement device or passenger ropeway;
(c) a check that maintenance and inspections of the amusement device or passenger ropeway have been undertaken under section 240;
(d) a check that any required tests have been carried out, and that appropriate records have been maintained;
(e) a detailed inspection of the amusement device or passenger ropeway to ensure compliance with the Act and this regulation (including a specific inspection of the critical components of the amusement device or passenger ropeway).
(3) The regulator may extend the date for an inspection by up to 35 days if an inspection is scheduled to coincide with the same event each year.
(4) If the date is extended under subsection (3), the new date is the date from which future annual inspections of the amusement device or passenger ropeway are determined.
(5) In this section:
competent person means a person who—
(a) in the case of an inflatable device (continuously blown) with a platform height less than 9m—has acquired through training, qualification or experience the knowledge and skills to inspect the device; or
(b) in the case of any other amusement device or a passenger ropeway—
(i) has acquired through training, qualification or experience the knowledge and skills to inspect the plant; or
(ii) is determined by the regulator to be a competent person.
(6) The regulator may, on the application of a person, make a determination in relation to the person for the purposes of subsection (5), definition of "competent person", paragraph (b) (ii) if the regulator considers that exceptional circumstances exist.
(7) An annual inspection carried out under and in accordance with an equivalent provision of a corresponding WHS law is taken to be an annual inspection for the purposes of this section.