29Operation of regulated systems

#### 29 Operation of regulated systems 29 Operation of regulated systems (cf 1991 Act, s 46) > > (1) If an occupier of any premises on which a regulated system is installed fails to ensure that the prescribed operating requirements are complied with, the occupier is guilty of an offence. > > > > Maximum penalty— > > > > > (a) in the case of an individual—100 penalty units for a first offence or 200 penalty units, or imprisonment for 12 months, or both, for a second or subsequent offence, or > > > > > (b) in the case of a corporation—500 penalty units for a first offence or 1,000 penalty units for a second or subsequent offence. > > > (2) It is a defence to proceedings for an offence under subsection (1) if the occupier satisfies the court that a duly qualified person was engaged to operate the regulated system. > > > (3) If a duly qualified person— > > > > > (a) is engaged by the occupier of any premises to operate a regulated system, and > > > > > (b) fails to ensure that the prescribed operating requirements are complied with, > > > > that person is guilty of an offence. > > > > Maximum penalty— > > > > > (a) in the case of an individual—100 penalty units for a first offence or 200 penalty units, or imprisonment for 12 months, or both, for a second or subsequent offence, or > > > > > (b) in the case of a corporation—500 penalty units for a first offence or 1,000 penalty units for a second or subsequent offence. > > > (4) If a duly qualified person who is engaged by the occupier of any premises to operate a regulated system on the premises engages a person other than an employee (a subcontractor) to operate the system, the subcontractor is guilty of an offence if the subcontractor fails to ensure that the prescribed operating requirements are complied with. > > > > Maximum penalty— > > > > > (a) in the case of an individual—100 penalty units for a first offence or 200 penalty units, or imprisonment for 12 months, or both, for a second or subsequent offence, or > > > > > (b) in the case of a corporation—500 penalty units for a first offence or 1,000 penalty units for a second or subsequent offence. > > **s 29:** Am 2015 No 38, Sch 4 \[5\].