South Australian Consolidated Regulations

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OCCUPATIONAL HEALTH, SAFETY AND WELFARE REGULATIONS 1995 - REG 3A.1.3

3A.1.3—Interpretation

        (1)         In this Part—

"Class 1 structure" means—

            (a)         an amusement structure classified as a Class 1 structure under the prescribed standard; or

            (b)         a coin-operated amusement structure classified as a Class 2 structure under the prescribed standard only because of the operation of clause 2.1.6 of AS 3533.1;

"operate"—a person does not operate an amusement structure merely by—

            (a)         directing or assisting a person to a seat or position on the amusement structure, or securing a person before an amusement structure is activated; or

            (b)         undertaking any checking before a ride or other activity commences; or

            (c)         giving directions to a person in connection with the use of an amusement structure;

"prescribed standard" means AS 3533.1 and AS 3533.2 published by Standards Australia (as in force from time to time);

"professional engineer" means a person—

            (a)         who is registered on the National Professional Engineers Register administered by the Institution of Engineers, Australia and has experience in dealing with amusement structures; or

            (ab)         who is a member of the Institution of Engineers Australia with the status of Chartered Professional Engineer and has the competence to inspect plant or structures; or

            (b)         who has skills, qualifications and experience determined by the Director to be appropriate for the purposes of this Part;

"proprietor", in relation to an amusement structure, means the owner of the amusement structure, and includes a person in possession of the amusement structure for the purposes of a business (including a business involving the hiring or leasing of the amusement structure to other persons);

"safety instruction" means—

            (a)         safety information contained in the prescribed standard; and

            (b)         information prepared under Division 2 by a designer, manufacturer, importer or supplier of an amusement structure; and

            (c)         information relating to an amusement structure prepared by a professional engineer for the purposes of this Part; and

            (d)         information prepared by the proprietor of an amusement structure for the purposes of this Part.

        (2)         For the purposes of the definition of "proprietor" under subregulation (1), if an amusement structure is the property of the Crown or a Minister (as distinct from any other entity), the administrative unit responsible for the management or control of the amusement structure will be taken to be the owner (rather than the Crown or the Minister).



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