(1) The person with management or control of an amusement device at a workplace must ensure that a detailed inspection of the device is carried out at least once every 12 months by a competent person.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (1)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(2) An inspection must include the following:
(a) a check of information about the operational history of the amusement device since the last detailed inspection;
(b) a check of the logbook for the amusement device;
(c) a check that maintenance and inspections have been undertaken under regulation 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 to ensure compliance with the Act and these Regulations (including a specific inspection of the critical components of the amusement device).
(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 subregulation (3), the new date is the date from which future annual inspections of the amusement device are determined.
(5) In this regulation, a competent person is a person who:
(a) either:
(i) has the skills, qualifications, competence and experience to inspect the plant; and
(ii) is, or is eligible to be:
(A) registered on the National Professional Engineers Register administered by the Institution of Engineers Australia; or
(B) a member of the Institution of Engineers Australia with the status of Chartered Profession Engineer; or
(b) 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 subregulation (5)(b) if the regulator considers that exceptional circumstances exist.