South Australian Numbered Regulations

OCCUPATIONAL HEALTH, SAFETY AND WELFARE (AMUSEMENT STRUCTURES) VARIATION REGULATIONS 2006 (NO 63 OF 2006) - REG 18

18—Variation of regulation 3A.5.3—Registration of amusement structures

        (1)         Regulation 3A.5.3(3)(c)(ii)—delete subparagraph (ii) and substitute:

                  (ii)         a signed statement from a professional engineer—

                        (A)         that states the classification of the amusement structure, as determined by the professional engineer or adopted by the professional engineer after taking into account any determination that has been made by the designer or manufacturer of the amusement structure, and that states that the professional engineer has inspected the amusement structure on the basis of that classification; and

                        (B)         that reports on the extent to which the inspections required by the maintenance and inspection program for the amusement structure have been undertaken; and

                        (C)         that confirms that the critical components of the amusement structure have been identified and inspected, and that a record of this inspection has been recorded in the log book; and

                        (D)         that states that the professional engineer considers that the amusement structure is safe to use or operate; and

        (2)         Regulation 3A.5.3—after subregulation (3) insert:

        (3a)         The professional engineer engaged to provide the statement required under subregulation (3)(c)(ii) must—

            (a)         —

                  (i)         check whether the amusement structure has an up-to-date log book that complies with the requirements of this Part; and

                  (ii)         check whether any other information required under this Part is available or recorded (as the case requires); and

                  (iii)         check whether any work required to be carried out by a competent person has been so carried out; and

            (b)         if any check under paragraph (a) reveals a failure to comply with a requirement under this Part—ensure that the statement is not issued unless or until the matter is addressed.

        (3b)         The statement under subregulation (3) must also be accompanied by a report from the professional engineer that provides details about the actual inspection of the amusement structure that has been undertaken by the professional engineer and about any matter that needed to be addressed under subregulation (3a)(b).

        (3)         Regulation 3A.5.3(5)(a)—delete "an amount recommended to the proprietor by a professional insurance risk assessor" and substitute:

a reasonable amount of cover

        (4)         Regulation 3A.5.3—after subregulation (10) insert:

        (10a)         Despite subregulation (10), the Director may, in relation to the initial registration of an amusement structure under this Part, register the amusement structure for a period, not exceeding 18 months, determined by the Director and specified in the instrument of registration.