{"id":"a-2023-46","name":"Building (Swimming Pool Safety) Legislation Amendment Act 2023","slug":"building-swimming-pool-safety-legislation-amendment-act-2023","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"46 of 2023","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23128,"registerId":"act-a-2023-46-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Building (Swimming Pool Safety) Legislation Amendment Act 2023","content":"J2022-312\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nBuilding (Swimming Pool Safety)\nLegislation Amendment Act 2023\nA2023-46\nContents\nPage\nPart 1 Preliminary\n1 Name of Act 2\n2 Commencement 2\n3 Legislation amended 2\nPart 2 Building Act 2004\n4 New part 5A 3\n5 Period for which compliance certificate in force\nNew section 83L (1) (c) 22\n6 New sections 83OA and 83OB 22\n\nContents\nPage\ncontents 2 Building (Swimming Pool Safety) Legislation\nAmendment Act 2023\nA2023-46\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n7 Inspection of building work where no approval\nSection 131 (1) (a) 24\n8 New section 131 (1) (h) and (i) 24\n9 Dictionary, new definitions 24\n10 Dictionary, definition of owner 25\n11 Dictionary, new definitions 26\nPart 3 Building (General) Regulation 2008\n12 Unaltered parts need not comply with building code if alternative\nrequirements met—Act, s 29 (2) (b)\nSection 24 (3) (b) (vi) 27\n13 New part 3A 27\n14 Exempt buildings and building work\nSchedule 1, part 1.1, section 1.1, definition of demountable pool 30\n15 Schedule 1, part 1.1, section 1.1, new definition of safety barrier 31\n16 Schedule 1, part 1.1, section 1.1, definition of swimming pool 31\n17 Schedule 1, part 1.2, item 11, column 2, paragraph (c) 31\n18 Schedule 1, part 1.3, items 1 and 2, column 2 31\n19 Schedule 1, part 1.3, items 11 and 12, column 2 31\n20 Schedule 1, part 1.3, new item 12A 32\n21 Reviewable decisions\nSchedule 4, new items 11A to 11D 32\n22 Dictionary, note 3 33\n23 Dictionary, definition of demountable pool 33\n24 Dictionary, new definition of demountable swimming pool 33\n25 Dictionary, definition of swimming pool 33\nPart 4 Civil Law (Sale of Residential Property)\nAct 2003\n26 Meaning of required documents\nNew section 9 (1) (ja) 34\n27 Section 9 (4), new definition of regulated swimming pool 34\n\nContents\nPage\nA2023-46 Building (Swimming Pool Safety) Legislation\nAmendment Act 2023\ncontents 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 5 Civil Law (Sale of Residential Property)\nRegulation 2004\n28 New section 10B 35\n29 Section 10B 37\nPart 6 Common Boundaries Act 1981\n30 New section 13A 40\n31 New part 4 40\nPart 7 Magistrates Court (Building Infringement\nNotices) Regulation 2008\n32 Building legislation infringement notice offences and penalties\nSchedule 1, part 1.1, new items 5 to 10 41\n\n\n\nJ2022-312\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nBuilding (Swimming Pool Safety)\nLegislation Amendment Act 2023\nA2023-46\nAn Act to amend legislation about swimming pool safety, and for other purposes\nThe Legislative Assembly for the Australian Capital Territory enacts as follows:\n\nPart 1 Preliminary\nSection 1\npage 2 Building (Swimming Pool Safety) Legislation\nAmendment Act 2023\nA2023-46\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 1 Preliminary\n1 Name of Act\nThis Act is the Building (Swimming Pool Safety) Legislation\nAmendment Act 2023.\n2 Commencement\n(1) This Act (other than sections 5, 6 and 29) commences on 1 May 2024.\nNote The naming and commencement provisions automatically commence on\nthe notification day (see Legislation Act, s 75 (1)).\n(2) Sections 5, 6 and 29 commence on 1 May 2028.\n3 Legislation amended\nThis Act amends the legislation mentioned in parts 2 to 7.\n\nBuilding Act 2004 Part 2\nSection 4\nA2023-46 Building (Swimming Pool Safety) Legislation\nAmendment Act 2023\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2 Building Act 2004\n4 New part 5A\ninsert\nPart 5A Regulated swimming pools\nDivision 5A.1 Preliminary\n83 Definitions—pt 5A\n(1) In this part:\naccess point—\n(a) means the portion of a safety barrier that is designed to provide\naccess through the barrier to a regulated swimming pool or the\nwater in the pool; and\n(b) includes a door.\nauthorised person—means a person appointed, or taken to be\nappointed, under section 83P.\ncompliance certificate, for a regulated swimming pool—see\nsection 83K (1).\nexemption certificate, for a regulated swimming pool—see\nsection 83D (6).\nMinisterial exemption means an exemption that applies to a regulated\nswimming pool under section 83D.\noccupier, of premises, includes any person who is for the time being\nin charge of the premises and, if there are 2 or more occupiers of the\npremises, includes any one of the occupiers.\n\nPart 2 Building Act 2004\nSection 4\npage 4 Building (Swimming Pool Safety) Legislation\nAmendment Act 2023\nA2023-46\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nowner, of premises, means—\n(a) for premises other than common property—the registered\nproprietor of the lease for the land on which the premises are\nlocated; or\n(b) for premises that are a unit—the registered proprietor of the\nlease for the unit; or\n(c) for premises that are common property—the owners corporation\nfor the common property.\nsafety barrier, for a regulated swimming pool—\n(a) means any structure or naturally occurring feature that forms, or\nforms part of, a continuous perimeter that is effective as a safe\nchild resistant barrier to the pool or the water in the pool; and\n(b) includes—\n(i) a fence, post, panel, access point, child-resistant doorset,\nwall, balustrade or part of a building; and\n(ii) for a pool that is a spa—a lockable child-resistant\nstructure; and\n(iii) if a Ministerial exemption has been granted for the pool—\nthe barrier that restricts access to a swimming pool or\nwater in the pool permitted under the exemption; and\n(iv) anything else prescribed by regulation\nsafety standards, for a regulated swimming pool—see section 83A.\nstanding exemption means an exemption that applies to a regulated\nswimming pool under section 83C.\n(2) In this section:\nchild-resistant doorset means a safety barrier that comprises a door,\ndoor frame, self-closing device and latch.\n\nBuilding Act 2004 Part 2\nSection 4\nA2023-46 Building (Swimming Pool Safety) Legislation\nAmendment Act 2023\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\ncommon property—see the Unit Titles Act 2001, section 13.\nregistered proprietor, in relation to a lease, means the person who is\nregistered under the Land Titles Act 1925 as the proprietor of the\nlease.\nunit—see the Unit Titles Act 2001, section 9.\n83A Meaning of safety standards—pt 5A\nIn this part:\nsafety standards, for a regulated swimming pool, means the standards\nprescribed by regulation.\n83B Meaning of regulated swimming pool\n(1) In this Act:\nregulated swimming pool—\n(a) means an excavation, structure or vessel that—\n(i) can be filled with water to a depth of 300mm or more; and\n(ii) is used, designed or manufactured mainly for human\naquatic activity; and\n(b) includes the following:\n(i) a demountable swimming pool;\n(ii) a flotation tank or flotation tub not equipped to create\nbubbles or turbulence into water;\n(iii) a spa; but\n(c) does not include the following:\n(i) a bath in a bathroom;\n(ii) a birthing pool used only for waterbirths;\n\nPart 2 Building Act 2004\nSection 4\npage 6 Building (Swimming Pool Safety) Legislation\nAmendment Act 2023\nA2023-46\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(iii) an ornamental pond;\n(iv) a water feature;\n(v) a pool at a category 1 facility;\n(vi) a pool at short-term accommodation premises;\n(vii) an inflatable pool;\n(viii) anything else prescribed by regulation.\n(2) In this section:\ncategory 1 facility—see the Public Pools Act 2015, section 7.\ndemountable swimming pool means a swimming pool—\n(a) that can be assembled and disassembled by hand, or with hand\ntools, without damaging the pool’s components; or\n(b) that—\n(i) can be inflated and deflated; and\n(ii) has a filtration system.\ninflatable pool means a pool that—\n(a) can be inflated and deflated; but\n(b) does not have a filtration system.\nmobile home park—see the Residential Tenancies Act 1997,\ndictionary.\nshort-term accommodation premises—\n(a) means premises used to provide short-term accommodation to\nmembers of the public as part of a commercial transaction; and\n(b) includes the following kinds of accommodation:\n(i) backpacker;\n\nBuilding Act 2004 Part 2\nSection 4\nA2023-46 Building (Swimming Pool Safety) Legislation\nAmendment Act 2023\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(ii) bed and breakfast;\n(iii) hotel;\n(iv) mobile home park;\n(v) motel;\n(vi) resort;\n(vii) serviced apartment; but\n(c) does not include premises that are also used, or able to be used,\nfor residential purposes.\nExamples—par (c)\n1 premises used as a residential home made available under a home\nexchange scheme\n2 premises able to be used for a residential home made available for\nshort-term rental accommodation\n3 an apartment complex that contains a mix of residential apartments and\nserviced apartments\nspa—\n(a) means an excavation, structure or vessel able to retain water for\nhuman immersion and equipped to create water bubbles or water\nturbulence into the water; and\n(b) includes—\n(i) a swim spa; and\n(ii) a flotation tank or flotation tub equipped to create bubbles\nor turbulence into water; but\n(c) does not include a spa bath in a bathroom.\n\nPart 2 Building Act 2004\nSection 4\npage 8 Building (Swimming Pool Safety) Legislation\nAmendment Act 2023\nA2023-46\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDivision 5A.2 Compliance with safety standards\nSubdivision 5A.2.1 Exemptions\n83C Standing exemption\nA regulated swimming pool is exempt from the safety standards if a\ncircumstance prescribed by regulation applies to the pool.\n83D Ministerial exemption\n(1) The owner of premises on which a regulated swimming pool is\nlocated (the applicant) may apply in writing to the Minister for the\npool to be exempt from all or part of the safety standards.\n(2) On application, the Minister may grant an exemption only if a\ncircumstance prescribed by regulation applies to the regulated\nswimming pool.\nNote 1 The Minister may make guidelines for granting exemptions (see s 83G).\nNote 2 A Minister may delegate the Minister’s functions under an Act or\nstatutory instrument to anyone else (see Legislation Act, s 254A).\n(3) An exemption may be subject to conditions the Minister considers\nappropriate.\n(4) The Minister may ask the applicant for further information the\nMinister reasonably needs to consider the application.\n(5) In exercising the Minister’s functions under this section, the Minister\nmay—\n(a) seek advice from an entity the Minister considers suitable to give\nadvice about a matter relevant to the exercise of the functions;\nand\n(b) consider any other relevant information.\n\nBuilding Act 2004 Part 2\nSection 4\nA2023-46 Building (Swimming Pool Safety) Legislation\nAmendment Act 2023\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(6) If the Minister grants an exemption, the Minister must issue a\ncertificate (an exemption certificate) to the owner that states—\n(a) the extent to which the regulated swimming pool is exempt from\nthe safety standards; and\n(b) the grounds for the exemption; and\n(c) any condition on the exemption and the reason for the condition;\nand\n(d) the date of issue of the certificate; and\n(e) it is an offence for the owner to fail to notify the Minister of a\nchange of circumstances that affects a ground on which the\nexemption was granted; and\n(f) anything else prescribed by regulation.\n(7) An exemption certificate for a regulated swimming pool is in force\nfor the period stated in the exemption certificate which must be not\nlonger than 5 years.\n83E Variation of Ministerial exemption\n(1) This section applies to a regulated swimming pool to which a\nMinisterial exemption applies.\n(2) The owner of premises on which the regulated swimming pool is\nlocated (the applicant) may apply, in writing, to the Minister to vary\na condition that applies to the exemption.\n(3) On application, the Minister may vary the exemption if the\nMinister—\n(a) has considered any reasons provided by the applicant in the\napplication; and\n(b) is satisfied it is appropriate to vary the exemption.\n\nPart 2 Building Act 2004\nSection 4\npage 10 Building (Swimming Pool Safety) Legislation\nAmendment Act 2023\nA2023-46\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) Also, the Minister may vary an exemption on the Minister’s own\ninitiative if the Minister—\n(a) has given an owner of premises on which the pool is located\nwritten notice that—\n(i) states how the Minister proposes to vary the exemption;\nand\n(ii) states the reason the Minister proposes to vary the\nexemption; and\n(iii) tells the owner that a written response may be given to the\nMinister about the matters stated in the notice not later\nthan 28 days after the owner receives the notice; and\n(b) has considered any response given in accordance with\nparagraph (a) (iii); and\n(c) is satisfied that it is appropriate to vary the exemption.\n(5) A variation of the exemption takes effect—\n(a) 90 days after the day notice is given to the owner; or\n(b) if another day is stated in the notice—on the stated day.\n83F Revocation of exemption\n(1) The Minister may revoke a Ministerial exemption that applies to a\nregulated swimming pool on the Minister’s own initiative if satisfied\nthat any of the following apply:\n(a) the owner of the premises on which the pool is located has failed\nto comply with a condition of the exemption;\n(b) the owner of the premises knowingly or recklessly used false or\nmisleading information in the application for the exemption, or\nan application for variation of the exemption;\n\nBuilding Act 2004 Part 2\nSection 4\nA2023-46 Building (Swimming Pool Safety) Legislation\nAmendment Act 2023\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) no circumstance mentioned in section 83D (2) applies to the\npool;\n(d) there is an immediate and serious risk to the health or safety of\na person.\n(2) However, the Minister must not revoke an exemption unless the\nMinister—\n(a) has given the owner of the premises written notice that—\n(i) states that the Minister proposes to revoke the exemption;\nand\n(ii) states the reason the Minister proposes to revoke the\nexemption; and\n(iii) tells the owner that the owner may give a written response\nto the Minister about the matters stated in the notice not\nlater than 28 days after the owner receives the notice; and\n(b) has considered any response given in accordance with\nparagraph (a) (iii); and\n(c) is satisfied that it is appropriate to revoke the certificate.\n(3) Subsection (2) does not apply to a revocation made under\nsubsection (1) (d).\n(4) The revocation of the exemption takes effect—\n(a) for a revocation under subsection (1) (d)—immediately; or\n(b) in any other case—\n(i) 90 days after the day notice is given to the owner; or\n(ii) if another day is stated in the notice—on the stated day.\n\nPart 2 Building Act 2004\nSection 4\npage 12 Building (Swimming Pool Safety) Legislation\nAmendment Act 2023\nA2023-46\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n83G Minister may make guidelines\n(1) The Minister may make guidelines about applications for, and\ngranting of, Ministerial exemptions.\n(2) A guideline is a disallowable instrument.\n83H Guidance about obligations on owners\n(1) The Minister must prepare guidance material about the obligations\narising under this part of owners of premises on which a regulated\nswimming pool is located.\n(2) Guidance material is a notifiable instrument.\n(3) This section expires on 1 May 2028.\n83I Failure to comply with exemption certificate conditions\n(1) A person commits an offence if—\n(a) the person is the owner of premises on which a regulated\nswimming pool is located; and\n(b) a Ministerial exemption applies to the pool; and\n(c) the person fails to comply with a condition of the exemption.\nMaximum penalty: 20 penalty units.\n(2) An offence against this section is a strict liability offence.\n83J Failure to notify change of exemption circumstances\n(1) A person commits an offence if—\n(a) the person is the owner of premises on which a regulated\nswimming pool is located; and\n(b) a Ministerial exemption applies to the pool; and\n\nBuilding Act 2004 Part 2\nSection 4\nA2023-46 Building (Swimming Pool Safety) Legislation\nAmendment Act 2023\npage 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) a change of circumstances happens which affects a ground on\nwhich the exemption was granted; and\n(d) the person fails to notify the Minister of the change of\ncircumstances within 14 days of the change happening.\nMaximum penalty: 20 penalty units.\n(2) An offence against this section is a strict liability offence.\nSubdivision 5A.2.2 Compliance certificates\n83K Compliance certificates\n(1) An authorised person must inspect a regulated swimming pool before\ngiving the owner of the premises on which the pool is located\n(the owner) a written certificate (a compliance certificate) that states\nthe following:\n(a) whether or not the pool complies with the safety standards, to\nthe extent it is not subject to a Ministerial exemption;\n(b) if the pool is subject to a Ministerial exemption—details of the\nexemption including any conditions on the exemption;\n(c) the date of issue of the certificate;\n(d) anything else prescribed by regulation.\n(2) If an authorised person is satisfied that the regulated swimming pool\ncomplies with the safety standards, the authorised person must as\nsoon as practicable after the inspection give the owner a compliance\ncertificate for the pool.\n\nPart 2 Building Act 2004\nSection 4\npage 14 Building (Swimming Pool Safety) Legislation\nAmendment Act 2023\nA2023-46\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) If an authorised person is satisfied that the regulated swimming pool\ndoes not comply with the safety standards but the non-compliance\ndoes not create a serious and immediate safety risk, the authorised\nperson must, as soon as practicable but not later than 7 days after the\nday of inspection, give the owner written notice (a pool rectification\nnotice) that states the following:\n(a) the pool fails to comply with the safety standards and the reasons\nwhy it fails to comply;\n(b) the steps needed to rectify the failure to comply;\n(c) the day (the rectification day), within 6 months of giving the\nnotice, by which the pool must be rectified to comply;\n(d) anything else prescribed by regulation.\n(4) If an authorised person is satisfied that the regulated swimming pool\ndoes not comply with the safety standards and the non-compliance\ncreates a serious and immediate safety risk, the authorised person\nmust immediately after the inspection give the owner a compliance\ncertificate for the pool.\n(5) If an authorised person has given the owner a rectification notice for\nthe pool, the authorised person—\n(a) may give the owner a compliance certificate for the pool only\nafter further inspection of the pool; and\n(b) if giving a compliance certificate to the owner—must give the\ncertificate as soon as practicable, but not later than 14 days, after\nthe day on which the further inspection happens.\n\nBuilding Act 2004 Part 2\nSection 4\nA2023-46 Building (Swimming Pool Safety) Legislation\nAmendment Act 2023\npage 15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(6) An authorised person must give the construction occupations\nregistrar—\n(a) a copy of a pool rectification notice given under subsection (3)\nwithin 14 days after the day the notice is given; and\n(b) a copy of a compliance certificate given under section (5) (b),\nbut only if the compliance certificate states that the pool does\nnot comply with the safety standards to the extent that the pool\nis not subject to a Ministerial exemption, within 14 days after\nthe day the certificate is given; and\n(c) a copy of a compliance certificate given under subsection (4)\nwithin 7 days after the day the certificate is given.\n83L Period for which compliance certificate in force\n(1) A compliance certificate for a regulated swimming pool is in force\nfor the period beginning on the day the certificate is issued and ending\non the earliest of the following:\n(a) whichever of the following applies:\n(i) for a certificate issued before 1 May 2028—30 April 2032;\n(ii) for a certificate issued on or after 1 May 2028—the day\n5 years after the period begins;\n(b) the day the regulated swimming pool, or the safety barrier for\nthe pool, is substantially altered;\n(c) if a Ministerial exemption applies to the regulated swimming\npool and the exemption is revoked—the day on which the\nrevocation of the exemption takes effect.\nNote The reason for the revocation of a Ministerial exemption affects\nwhen the revocation takes effect (see s 83F (4)).\n\nPart 2 Building Act 2004\nSection 4\npage 16 Building (Swimming Pool Safety) Legislation\nAmendment Act 2023\nA2023-46\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) In this section:\nsubstantially altered—\n(a) in relation to a swimming pool—means at least 50% of the pool\nis modified, demolished or replaced; and\n(b) in relation to a safety barrier for a swimming pool—means the\nsafety barrier is—\n(i) demolished or replaced; or\n(ii) altered as prescribed by regulation.\n83M Failure to lodge compliance certificate etc for regulated\nswimming pool\n(1) A person commits an offence if—\n(a) the person is the owner of premises on which a regulated\nswimming pool is located; and\n(b) the pool was built before 1 May 2013; and\n(c) the pool is not subject to a standing exemption; and\n(d) the person fails to lodge with the construction occupations\nregistrar before 1 June 2028—\n(i) a compliance certificate in force for the pool within\n30 days after the certificate is given to the person by an\nauthorised person; and\n(ii) if the pool has been granted an exemption certificate—the\nexemption certificate at the same time as the compliance\ncertificate; and\n(e) a document required to be lodged under subsection (1) (d) has\nnot been lodged by a previous owner of the premises.\nMaximum penalty: 20 penalty units.\n\nBuilding Act 2004 Part 2\nSection 4\nA2023-46 Building (Swimming Pool Safety) Legislation\nAmendment Act 2023\npage 17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) An offence against this section is a strict liability offence.\nDivision 5A.3 Swimming pool safety\n83N Failure to maintain swimming pool safety barrier\n(1) A person commits an offence if—\n(a) the person is the owner of premises on which a regulated\nswimming pool is located; and\n(b) the person fails to maintain a safety barrier for the pool that is\nan effective and safe child-resistant barrier.\nMaximum penalty: 30 penalty units.\n(2) For subsection (1) (b) a safety barrier is an effective and safe\nchild-resistant barrier if the barrier—\n(a) complies with the safety standards for a regulated swimming\npool; or\n(b) if the swimming pool is subject to a Ministerial exemption—\ncomplies with the safety standards to the extent the pool is not\nexempt from the standards; or\n(c) complies with a requirement prescribed by regulation.\n(3) An offence against this section is a strict liability offence.\n(4) It is a defence to a prosecution against this section if the defendant\nproves that the regulated swimming pool is subject to a standing\nexemption.\nNote The defendant has a legal burden in relation to the matters mentioned in\ns (4) (see Criminal Code, s 59).\n\nPart 2 Building Act 2004\nSection 4\npage 18 Building (Swimming Pool Safety) Legislation\nAmendment Act 2023\nA2023-46\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n83O Failure to close swimming pool safety barrier\n(1) A person commits an offence if—\n(a) the person is the occupier of premises on which a regulated\nswimming pool is located; and\n(b) the person fails to ensure all access points for the pool’s safety\nbarrier—\n(i) are securely closed when they are not in use; or\n(ii) for a spa with a safety barrier that is a lockable\nchild-resistant structure—the structure is securely fitted\nand locked when the spa is not in use.\nMaximum penalty: 30 penalty units.\n(2) An offence against this section is a strict liability offence.\nDivision 5A.4 Administration\n83P Authorised person\n(1) The director-general may appoint a person as an authorised person\nfor this part.\n(2) A person must not be appointed under subsection (1) unless the\ndirector-general is satisfied that the person is competent to exercise\nthe functions of an authorised person under this part.\n(3) A regulation may prescribe matters that the director-general must\nconsider in relation to a person’s competency for subsection (2) (a).\n(4) A regulation may prescribe—\n(a) a class of person taken to be appointed as an authorised person\nunder this section; and\n\nBuilding Act 2004 Part 2\nSection 4\nA2023-46 Building (Swimming Pool Safety) Legislation\nAmendment Act 2023\npage 19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) the terms of appointment for the class of person.\nNote Power to make a regulation includes power to make different provision\nin relation to different matters or different classes of matters and to make\na regulation that applies differently by reference to stated exceptions or\nfactors (see Legislation Act, s 48).\n(5) An appointment under subsection (1)—\n(a) must be for a term of not longer than 5 years; and\n(b) is a notifiable instrument.\n(6) An authorised person has the following functions:\n(a) assessing whether regulated swimming pools comply with the\nsafety standards;\n(b) issuing compliance certificates and pool rectification notices for\nregulated swimming pools;\n(c) any other function under this part or prescribed by regulation.\n(7) An authorised person must exercise the person’s functions in\naccordance with—\n(a) if the person is appointed under subsection (1)—the instrument\nof appointment; and\n(b) however appointed—any directions the director-general gives\nthe person.\n(8) In this section:\npool rectification notice—see section 83K (3).\n83Q Identity cards\n(1) The director-general must issue an authorised person with an identity\ncard that states the person is an authorised person for this part, and\nshows—\n(a) a recent photograph of the person; and\n\nPart 2 Building Act 2004\nSection 4\npage 20 Building (Swimming Pool Safety) Legislation\nAmendment Act 2023\nA2023-46\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) the name of the person; and\n(c) the date of issue of the card; and\n(d) the date of expiry for the card; and\n(e) anything else prescribed by regulation.\n(2) A person commits an offence if—\n(a) the person stops being an authorised person; and\n(b) the person does not return the person’s identity card to the\ndirector-general within 7 days after the person stops being an\nauthorised person.\nMaximum penalty: 1 penalty unit.\n(3) Subsection (2) does not apply to a person if the person’s identity card\nis—\n(a) lost or stolen; or\n(b) destroyed by someone else.\nNote The defendant has an evidential burden in relation to the matters\nmentioned in s (3) (see Criminal Code, s 58).\n(4) An offence against subsection (2) is a strict liability offence.\n83R Person pretending to be authorised person\n(1) A person commits an offence if the person—\n(a) is not an authorised person; and\n(b) carries out a function of an authorised person; and\n(c) is reckless as to whether the person is appointed as an authorised\nperson.\nMaximum penalty: 60 penalty units.\n\nBuilding Act 2004 Part 2\nSection 4\nA2023-46 Building (Swimming Pool Safety) Legislation\nAmendment Act 2023\npage 21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) A person commits an offence if the person—\n(a) is not an authorised person; and\n(b) carries out a function of an authorised person.\nMaximum penalty: 30 penalty units.\n(3) Strict liability applies to—\n(a) subsection (1) (a) and (b); and\n(b) subsection (2) (a) and (b).\nDivision 5A.5 Miscellaneous\n83S Criminal liability of executive members of owners\ncorporation\n(1) An executive member of an owners corporation is taken to commit\nan offence against this part if—\n(a) the corporation commits an offence against this part (a relevant\noffence); and\n(b) the member was reckless about whether the relevant offence\nwould be committed; and\n(c) the member was in a position to influence the conduct of the\ncorporation in relation to the commission of the relevant\noffence; and\n(d) the member failed to take reasonable steps to prevent the\ncommission of the relevant offence.\nMaximum penalty: The maximum penalty that may be imposed for\nthe commission of the offence by an individual.\n\nPart 2 Building Act 2004\nSection 5\npage 22 Building (Swimming Pool Safety) Legislation\nAmendment Act 2023\nA2023-46\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) Subsection (1) does not apply if the owners corporation would have\na defence to a prosecution for the relevant offence.\nNote The defendant has an evidential burden in relation to the matters\nmentioned in s (2) (see Criminal Code, s 58).\n(3) This section applies whether or not the owners corporation is\nprosecuted for, or convicted of, the relevant offence.\n(4) In this section:\nexecutive member, of an owners corporation—see the Unit Titles\n(Management) Act 2011, dictionary.\n5 Period for which compliance certificate in force\nNew section 83L (1) (c)\ninsert\n(c) the day the owner of the premises on which the swimming pool\nis located is convicted or found guilty of an offence against\nsection 83OA (Regulated swimming pool fails to comply with\nsafety standards).\n6 New sections 83OA and 83OB\nin division 5A.3, insert\n83OA Regulated swimming pool fails to comply with safety\nstandards\n(1) A person commits an offence if—\n(a) the person is the owner of premises on which a regulated\nswimming pool is located; and\n(b) the swimming pool fails to comply with the safety standards to\nthe extent that the pool is not subject to an exemption; and\n(c) the person knows that the pool fails to comply with the safety\nstandards; and\n\nBuilding Act 2004 Part 2\nSection 6\nA2023-46 Building (Swimming Pool Safety) Legislation\nAmendment Act 2023\npage 23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(d) the person fails, within 90 days after the person becomes aware\nthe pool fails to comply with the standards, to take reasonable\nsteps to ensure the pool complies with the standards.\nMaximum penalty: 60 penalty units.\n(2) In this section:\nexemption means—\n(a) a Ministerial exemption; or\n(b) a standing exemption.\n83OB Failure to obtain compliance certificate for regulated\nswimming pool\n(1) A person commits an offence if—\n(a) the person is the owner of premises on which a regulated\nswimming pool is located; and\n(b) the pool was built before 1 May 2013; and\n(c) the pool is not subject to a standing exemption; and\n(d) the person fails to obtain a compliance certificate for the pool\nfrom an authorised person before 1 May 2028; and\n(e) a compliance certificate for the pool was not obtained from an\nauthorised person by a previous owner of the premises.\nMaximum penalty: 30 penalty units.\n(2) An offence against this section is a strict liability offence.\n\nPart 2 Building Act 2004\nSection 7\npage 24 Building (Swimming Pool Safety) Legislation\nAmendment Act 2023\nA2023-46\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n7 Inspection of building work where no approval\nSection 131 (1) (a)\nsubstitute\n(a) a building approval has not been issued for building work not\nexempt from part 3 that is being, or has been, carried out; or\n(aa) building work exempt from all or part of this Act does not\ncomply with the exemption; or\n8 New section 131 (1) (h) and (i)\ninsert\n(h) the building is a regulated swimming pool that may not comply\nwith part 5A (Regulated swimming pools); or\n(i) a circumstance prescribed by regulation exists.\n9 Dictionary, new definitions\ninsert\naccess point, for part 5A (Regulated swimming pools)—see\nsection 83 (1).\nauthorised person, for part 5A (Regulated swimming pools)—see\nsection 83 (1).\ncompliance certificate, for a regulated swimming pool, for part 5A\n(Regulated swimming pools)—see section 83K (1).\nexemption certificate, for a regulated swimming pool, for part 5A\n(Regulated swimming pools)—see section 83D (6).\nMinisterial exemption, for part 5A (Regulated swimming pools)—\nsee section 83 (1).\noccupier, of premises, for part 5A (Regulated swimming pools)—see\nsection 83 (1).\n\nBuilding Act 2004 Part 2\nSection 10\nA2023-46 Building (Swimming Pool Safety) Legislation\nAmendment Act 2023\npage 25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n10 Dictionary, definition of owner\nsubstitute\nowner—\n(a) of land, means—\n(i) if the land is held under a lease from the Commonwealth\nfor a term of years—the lessee; or\n(ii) if the land is subdivided under the Unit Titles Act 2001—\n(A) if building work has been, is being or is to be carried\nout on the land for the owners corporation—the\nowners corporation; or\n(B) if building work has been, is being or is to be carried\nout on the land for the proprietor of a unit in a units\nplan for the land—the proprietor; or\n(C) in any other case—the owners corporation; or\n(iii) if the land is occupied under a tenancy from the Territory\nor the Commonwealth—the occupier; or\n(iv) if the land is subject to a public unleased land permit under\nthe Public Unleased Land Act 2013—the permit-holder; or\n(v) if the land is subject to a licence under the Planning\nAct 2023, part 10.13 (Licences for unleased land)—the\nlicensee; or\n(vi) if the Territory carries out or proposes to carry out building\nwork on the land—the Territory; or\n(vii) if the Commonwealth carries out or proposes to carry out\nbuilding work on the land—the Commonwealth; or\n(viii) if the land is under a land sublease—the sublessee; and\n\nPart 2 Building Act 2004\nSection 11\npage 26 Building (Swimming Pool Safety) Legislation\nAmendment Act 2023\nA2023-46\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) of premises, for part 5A (Regulated swimming pools)—see\nsection 83 (1).\n11 Dictionary, new definitions\ninsert\nregulated swimming pool—see section 83B (1).\nsafety barrier, for a regulated swimming pool, for part 5A (Regulated\nswimming pools)—see section 83 (1).\nsafety standards, for a regulated swimming pool, for part 5A\n(Regulated swimming pools)—see section 83A.\nstanding exemption, for part 5A (Regulated swimming pools)—see\nsection 83 (1).\n\nBuilding (General) Regulation 2008 Part 3\nSection 12\nA2023-46 Building (Swimming Pool Safety) Legislation\nAmendment Act 2023\npage 27\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Building (General)\nRegulation 2008\n12 Unaltered parts need not comply with building code if\nalternative requirements met—Act, s 29 (2) (b)\nSection 24 (3) (b) (vi)\nsubstitute\n(vi) regulated swimming pool access; or\n13 New part 3A\ninsert\nPart 3A Regulated swimming pools\n36D Safety standards—Act, s 83A, def safety standards\n(1) The following are prescribed:\n(a) for a pool built before 1 May 2023—the following taken\ntogether:\n(i) the building code as in force on 1 May 2023;\n(ii) AS 1926.1 (2012) (Swimming pool safety, Part 1: Safety\nbarriers for swimming pools);\n(iii) AS 1926.2 (2007) (Swimming pool safety, Part 2:\nLocation of safety barriers for swimming pools); and\nNote AS 1926.1 (2012) and AS 1926.2 (2007) may be purchased at\nwww.standards.org.au.\n(b) for a pool built or substantially altered on or after 1 May 2023—\nthe building code.\n\nPart 3 Building (General) Regulation 2008\nSection 13\npage 28 Building (Swimming Pool Safety) Legislation\nAmendment Act 2023\nA2023-46\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) In this section:\nsubstantially altered, in relation to a swimming pool, means at least\n50% of the pool, or the safety barrier for the pool, is modified,\ndemolished or replaced.\n36E Standing exemptions—circumstances—Act, s 83C\n(1) A circumstance mentioned in table 36E, column 3 is prescribed for a\nregulated swimming pool mentioned in column 2.\nTable 36E Standing exemptions\ncolumn 1\nitem\ncolumn 2\nregulated swimming\npool\ncolumn 3\ncircumstances in which pool is exempt from\nsafety standard\n1 a regulated swimming\npool\ndemountable pool in place for not more than\n3 consecutive days\n2 a regulated swimming\npool built before\n1 May 2023\nspa (wherever located) covered and secured by a\nlockable child-resistant structure (such as a door,\nlid, grille or mesh) that—\n(a) is of substantial construction and having no\nopening through which it is possible to pass\na testing apparatus, and\n(b) is securely fastened by a device that is itself\nof substantial construction and has no\nopening through which it is possible to pass\na testing apparatus\n3 a regulated swimming\npool built before\n1 May 2023\nspa (located on apartment balcony) if the balcony is\naccessible only through self-closing and self\nlatching doors or windows\n(2) In this section:\nspa—see the Act, section 83B (2).\n\nBuilding (General) Regulation 2008 Part 3\nSection 13\nA2023-46 Building (Swimming Pool Safety) Legislation\nAmendment Act 2023\npage 29\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\ntesting apparatus means a cylindrical test object that has—\n(a) a diameter of 105 millimetres, plus or minus 1 millimetre; and\n(b) at least 1 solid flat-faced end.\n36F Exemption by Minister—circumstances—Act, s 83D (2)\n(1) A circumstance mentioned in table 36F, column 3 is prescribed for a\nregulated swimming pool mentioned in column 2.\nTable 36F Exemptions by Minister\ncolumn 1\nitem\ncolumn 2\nregulated swimming\npool\ncolumn 3\ncircumstances in which pool may be exempt\nfrom safety standard\n1 a regulated swimming\npool built before\n1 May 2013\n(a) compliance with the safety standard is\nimpracticable because of—\n(i) the physical nature of the\npremises on which the pool is\nlocated; or\n(ii) the design or construction of\neither the pool or other buildings\non the premises on which the pool\nis located; and\n(b) either—\n(i) a barrier comparable to a safety\nbarrier that complies with the\nsafety standards is installed for\nthe pool (a comparable barrier);\nor\n(ii) evidence is provided to the\nMinister as to why installation of\na comparable barrier cannot be\ndone\n2 a regulated swimming\npool built before\n1 May 2013\ncompliance with the safety standard would be\nreasonably likely to require approval under the Tree\nProtection Act 2005 to remove a protected tree\n\nPart 3 Building (General) Regulation 2008\nSection 14\npage 30 Building (Swimming Pool Safety) Legislation\nAmendment Act 2023\nA2023-46\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\ncolumn 1\nitem\ncolumn 2\nregulated swimming\npool\ncolumn 3\ncircumstances in which pool may be exempt\nfrom safety standard\n3 a regulated swimming\npool built before\n1 May 2013\ncompliance with the safety standard would be\nreasonably likely to involve conduct that would\nhave a significant adverse effect on the heritage\nsignificance of a place or object registered under\nthe Heritage Act 2004\n4 a regulated swimming\npool built before\n1 May 2023\n(a) the occupier of premises on which the pool\nis located is a person with disability; and\n(b) safety barrier compliance with safety\nstandards would substantially impede the\noccupier’s access to the pool; and\n(c) the owner of the premises agrees to adopt\nalternative safety measures (if available)\n5 a regulated swimming\npool built before\n1 May 2023\nthere are documented plans to demolish the pool\nwithin 24 months of the application for exemption\nNote The Minister may make guidelines in relation to applications for\nexemptions and the granting of exemptions (see Act, s 83G).\n(2) In this section:\ndisability—see the Discrimination Act 1991, section 5AA.\nprotected tree—see the Tree Protection Act 2005, section 8.\nregistered—see the Heritage Act 2004, section 11.\n14 Exempt buildings and building work\nSchedule 1, part 1.1, section 1.1, definition of\ndemountable pool\nsubstitute\ndemountable swimming pool—see the Act, section 83B (2).\n\nBuilding (General) Regulation 2008 Part 3\nSection 15\nA2023-46 Building (Swimming Pool Safety) Legislation\nAmendment Act 2023\npage 31\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n15 Schedule 1, part 1.1, section 1.1, new definition of safety\nbarrier\ninsert\nsafety barrier, for a regulated swimming pool—see the Act,\nsection 83 (1).\n16 Schedule 1, part 1.1, section 1.1, definition of swimming\npool\nomit\n17 Schedule 1, part 1.2, item 11, column 2, paragraph (c)\nsubstitute\n(c) a regulated swimming pool\n18 Schedule 1, part 1.3, items 1 and 2, column 2\nomit\nswimming pool\ninsert\nregulated swimming pool\n19 Schedule 1, part 1.3, items 11 and 12, column 2\nomit\ndemountable pool\ninsert\ndemountable swimming pool\n\nPart 3 Building (General) Regulation 2008\nSection 20\npage 32 Building (Swimming Pool Safety) Legislation\nAmendment Act 2023\nA2023-46\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n20 Schedule 1, part 1.3, new item 12A\ninsert\n12A demountable\nswimming\npool\npt 3 (Building work) demountable swimming pool erected for\nnot more than 3 consecutive days\n21 Reviewable decisions\nSchedule 4, new items 11A to 11D\ninsert\n11A a decision under the\nAct, s 83D (2) to refuse\nto exempt regulated\nswimming pool from\nsafety standards\nMinister applicant for exemption\n11B a decision under the\nAct, s 83D (3) to\nexempt regulated\nswimming pool from\nsafety standards\nsubject to conditions\nMinister applicant for exemption\n11C a decision under the\nAct, s 83E (4) to vary\nexemption of regulated\nswimming pool from\nsafety standards\nMinister applicant for exemption\n11D a decision under the\nAct, s 83F (1) (a), (b)\nor (c) to revoke\nexemption of regulated\nswimming pool from\nsafety standards\nMinister applicant for exemption\n\nBuilding (General) Regulation 2008 Part 3\nSection 22\nA2023-46 Building (Swimming Pool Safety) Legislation\nAmendment Act 2023\npage 33\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n22 Dictionary, note 3\ninsert\n• regulated swimming pool (see s 83B)\n23 Dictionary, definition of demountable pool\nomit\n24 Dictionary, new definition of demountable swimming pool\ninsert\ndemountable swimming pool, for schedule 1 (Exempt buildings and\nbuilding works)—see schedule 1, section 1.1\n25 Dictionary, definition of swimming pool\nomit\n\nPart 4 Civil Law (Sale of Residential Property) Act 2003\nSection 26\npage 34 Building (Swimming Pool Safety) Legislation\nAmendment Act 2023\nA2023-46\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 4 Civil Law (Sale of Residential\nProperty) Act 2003\n26 Meaning of required documents\nNew section 9 (1) (ja)\ninsert\n(ja) if there are premises covered by the proposed contract, or\ncommon property associated with the premises, on which a\nregulated swimming pool is located—the documents prescribed\nby regulation;\n27 Section 9 (4), new definition of regulated swimming pool\ninsert\nregulated swimming pool—see the Building Act 2004,\nsection 83B (1).\n\nCivil Law (Sale of Residential Property) Regulation 2004 Part 5\nSection 28\nA2023-46 Building (Swimming Pool Safety) Legislation\nAmendment Act 2023\npage 35\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 5 Civil Law (Sale of Residential\nProperty) Regulation 2004\n28 New section 10B\ninsert\n10B Required documents—Act, s 9 (1) (ja)\n(1) If the regulated swimming pool was built before 1 May 2023—the\nfollowing documents are prescribed:\n(a) a copy of the notifiable instrument made under the Building\nAct 2004, section 83H;\n(b) a document mentioned for whichever of the following\ncircumstances apply:\n(i) if the pool has been granted a Ministerial exemption from\nthe safety standards—\n(A) the exemption certificate in force for the pool; and\n(B) if the pool is exempt from only part of the safety\nstandards—a compliance certificate for the pool to\nthe extent that it is not exempt from the standards;\n(ii) in any other case—any of the following:\n(A) a swimming pool disclosure statement for the\npremises covered by the contract;\n(B) a compliance certificate for the pool;\n(C) a certificate of occupancy for the pool and safety\nbarrier that is not older than 5 years after the day it\nwas issued.\n\nPart 5 Civil Law (Sale of Residential Property) Regulation 2004\nSection 28\npage 36 Building (Swimming Pool Safety) Legislation\nAmendment Act 2023\nA2023-46\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) If the regulated swimming pool was built or substantially altered on\nor after 1 May 2023—any 1 of the following documents is prescribed:\n(a) a swimming pool disclosure statement for the premises covered\nby the contract;\n(b) a certificate of occupancy for the pool and safety barrier that is\nnot older than 5 years after the day it was issued;\n(c) a compliance certificate for the pool.\n(3) In this section:\ncertificate of occupancy—see the Building Act 2004, dictionary.\ncompliance certificate, for a regulated swimming pool—see the\nBuilding Act 2004, section 83K (1).\nexemption certificate, for a regulated swimming pool—see the\nBuilding Act 2004, section 83D (6).\nMinisterial exemption—see the Building Act 2004, section 83 (1).\nregulated swimming pool—see the Building Act 2004,\nsection 83B (1).\nsafety barrier, for a regulated swimming pool—see the Building\nAct 2004, section 83 (1).\nstanding exemption—see the Building Act 2004, section 83 (1).\nsubstantially altered—see the Building Act 2004, section 83L (2).\nswimming pool disclosure statement means a statement by the owner\nof the premises covered by the proposed contract stating, to the best\nof the owner’s knowledge and belief and as accurately as the person\nhas been able to find out, the following information:\n(a) when—\n(i) the owner purchased the premises; and\n(ii) the premises were built; and\n\nCivil Law (Sale of Residential Property) Regulation 2004 Part 5\nSection 29\nA2023-46 Building (Swimming Pool Safety) Legislation\nAmendment Act 2023\npage 37\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(iii) if the premises were built by the owner—building\napproval for the premises was granted; and\n(iv) construction of the pool was completed; and\n(v) any alterations to the pool were completed; and\n(b) if a standing exemption applies to the pool—that the pool is\nsubject to a standing exemption and the circumstances for the\nexemption.\n29 Section 10B\nsubstitute\n10B Required documents—Act, s 9 (1) (ja)\n(1) If the regulated swimming pool was built before 1 May 2013—\na document mentioned for whichever of the following circumstances\napply is prescribed:\n(a) if the pool has been granted a Ministerial exemption from the\nsafety standards—\n(i) the exemption certificate in force for the pool; and\n(ii) if the pool is exempt from only part of the safety\nstandards—a compliance certificate for the pool to the\nextent that it is not exempt from the standards;\n(b) if a standing exemption applies to the pool—a statutory\ndeclaration of the circumstances for the exemption;\n(c) in any other case—a compliance certificate for the pool.\n\nPart 5 Civil Law (Sale of Residential Property) Regulation 2004\nSection 29\npage 38 Building (Swimming Pool Safety) Legislation\nAmendment Act 2023\nA2023-46\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) If the regulated swimming pool was built or substantially altered on\nor after 1 May 2013 but before 1 May 2023—a document mentioned\nfor whichever of the following circumstances apply is prescribed:\n(a) if the pool has been granted a Ministerial exemption from the\nsafety standards—\n(i) the exemption certificate in force for the pool; and\n(ii) if the pool is exempt from only part of the safety\nstandards—a compliance certificate for the pool to the\nextent that it is not exempt from the standards;\n(b) if a standing exemption applies to the pool—a statutory\ndeclaration of the circumstances for the exemption;\n(c) in any other case—either of the following:\n(i) a compliance certificate for the pool;\n(ii) a certificate of occupancy for the pool and safety barrier\nthat is not older than 5 years after the day it was issued.\n(3) If the regulated swimming pool was built or substantially altered on\nor after 1 May 2023—a document mentioned for whichever of the\nfollowing circumstances apply is prescribed:\n(a) if a standing exemption applies to the pool—a statutory\ndeclaration of the circumstances for the exemption;\n(b) in any other case—either of the following:\n(i) a compliance certificate for the pool;\n(ii) a certificate of occupancy for the pool and safety barrier\nthat is not older than 5 years after the day it was issued.\n\nCivil Law (Sale of Residential Property) Regulation 2004 Part 5\nSection 29\nA2023-46 Building (Swimming Pool Safety) Legislation\nAmendment Act 2023\npage 39\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) In this section:\ncertificate of occupancy—see the Building Act 2004, dictionary.\ncompliance certificate, for a regulated swimming pool—see the\nBuilding Act 2004, section 83K (1).\nexemption certificate, for a regulated swimming pool—see the\nBuilding Act 2004, section 83D (6).\nMinisterial exemption—see the Building Act 2004, section 83 (1).\nregulated swimming pool—see the Building Act 2004,\nsection 83B (1).\nsafety barrier, for a regulated swimming pool—see the Building\nAct 2004, section 83 (1).\nstanding exemption—see the Building Act 2004, section 83 (1).\nsubstantially altered—see the Building Act 2004, section 83L (2).\n\nPart 6 Common Boundaries Act 1981\nSection 30\npage 40 Building (Swimming Pool Safety) Legislation\nAmendment Act 2023\nA2023-46\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 6 Common Boundaries Act 1981\n30 New section 13A\ninsert\n13A Matters to be taken into account—dividing fences a\nsafety barrier for regulated swimming pool\n(1) This section applies if—\n(a) the ACAT is required to make a determination under this\ndivision; and\n(b) the determination involves a fence that forms part, or will form\npart, of a safety barrier for a regulated swimming pool.\n(2) The ACAT must take into account the matters prescribed by\nregulation.\n(3) In this section:\nregulated swimming pool—see the Building Act 2004,\nsection 83B (1).\nsafety barrier, for a regulated swimming pool—see the Building\nAct 2004, section 83B (1).\n31 New part 4\ninsert\nPart 4 Miscellaneous\n29 Regulation-making power\nThe Executive may make regulations for this Act.\n\nMagistrates Court (Building Infringement Notices) Regulation 2008 Part 7\nSection 32\nA2023-46 Building (Swimming Pool Safety) Legislation\nAmendment Act 2023\npage 41\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 7 Magistrates Court (Building\nInfringement Notices)\nRegulation 2008\n32 Building legislation infringement notice offences and\npenalties\nSchedule 1, part 1.1, new items 5 to 10\ninsert\n5 83I 20 280\n6 83J 20 220\n7 83M 20 220\n8 83N 30 420\n9 83O 30 420\n10 83R (2) 30 360\n\npage 42 Building (Swimming Pool Safety) Legislation\nAmendment Act 2023\nA2023-46\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 Presentation speech\nPresentation speech made in the Legislative Assembly on 30 August 2023.\n2 Notification\nNotified under the Legislation Act on 15 November 2023.\n3 Republications of amended laws\nFor the latest republication of amended laws, see www.legislation.act.gov.au.\nI certify that the above is a true copy of the Building (Swimming Pool Safety)\nLegislation Amendment Bill 2023, which was passed by the Legislative\nAssembly on 1 November 2023.\nActing Clerk of the Legislative Assembly\n© Australian Capital Territory 2023","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of improving swimming pool safety through barrier requirements and compliance certification. While it touches multiple Acts (Building Act, Civil Law (Sale of Residential Property) Act, Common Boundaries Act), these amendments are all ancillary to the core pool safety objective—covering enforcement, property sale disclosures, and fence disputes. The scope has not expanded beyond swimming pool safety into unrelated areas."},"complexity_factors":["Multiple commencement dates (1 May 2024 for most provisions, 1 May 2028 for sections 5, 6 and 29)","Complex defined terms with nested definitions (e.g., 'regulated swimming pool' excludes 'inflatable pools' but includes 'demountable swimming pools', with specific technical distinctions)","Different safety standards apply based on construction date (before 1 May 2023 vs on or after)","Dual exemption pathways (standing exemptions vs Ministerial exemptions) with different application processes and conditions","Layered compliance certificate requirements varying by pool construction date and substantial alteration status","Cross-references to external standards (AS 1926.1 and AS 1926.2) and multiple other Acts (Unit Titles Act, Tree Protection Act, Heritage Act, Discrimination Act)","Staged compliance deadlines with grandfathering provisions for pre-2013, 2013-2023, and post-2023 pools","Multiple offences with strict liability elements and specific defences","Interaction between Building Act, Regulations, and conveyancing disclosure requirements creates a web of interconnected obligations"],"plain_english_summary":"This law creates a new regime for “regulated swimming pools” in the ACT, requiring child-resistant safety barriers, inspections, and compliance certificates, with exemptions available in limited or special cases. It imposes obligations and fines and adds registration and inspection powers.\n\nIt affects homeowners, sellers, agents, owners corporations, and certifiers — aiming to reduce toddler drownings by ensuring pools meet safety standards and are inspected and documented."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"This amendment expands the Building Act from primarily setting building-code requirements to an active inspection-enforcement and certification regime for private swimming pools. It creates new criminal offences for owners and occupiers, mandatory inspection and lodgement duties for older pools, a set of exemptions (both automatic by regulation and discretionary by the Minister), and sale-disclosure obligations tied to pool compliance. The Act also integrates pool-safety considerations into dividing-fence dispute resolution (ACAT). Those changes broaden the statute’s operational scope — from passive technical standards to an applied compliance, documentation and enforcement system that reaches property transactions and tribunal decisions (see new Part 5A; Civil Law (Sale) Reg 10B; Common Boundaries Act s 13A)."},"complexity_factors":["Introduces a new multi-part regime (Part 5A) with 19+ new sections and multiple subdivisions (definitions, compliance, exemptions, administration, offences).","Numerous new defined terms in the Building Act and Building (General) Regulation (e.g. regulated swimming pool, safety barrier, standing exemption, demountable swimming pool).","Multiple date-based thresholds and transitional rules: built before 1 May 2013; built/substantially altered before 1 May 2023; built or substantially altered on/after 1 May 2023; certificates issued before/after 1 May 2028—each changes requirements. (see s 83B, s 83L, Civil Law Reg 10B)","Cross-references to regulations and external standards (building code, AS 1926.1 (2012), AS 1926.2 (2007)) that carry technical detail not in the Act. (Reg 36D)","Multiple layers of discretion and delegated decision-making: Ministerial exemptions (grant/variation/revocation), director-general appointments/directions for authorised persons, and regulation-making powers. (ss 83D–83G, 83P, Common Boundaries Act insertion)","A mix of offence types and mens rea: strict liability offences, knowledge-based failures and offences with higher maximum penalties (e.g. ss 83I–83O, 83OA–83OB).","Document‑lodgement and administrative flows: authorised persons must lodge notices/certificates with the construction occupations registrar within prescribed timeframes (s 83K(6)); sale disclosure requirements cross over into Civil Law (Sale) Act/Reg.","New interactions with other statutes and tribunals (Unit Titles Act, Land Titles Act, Civil Law (Sale), Common Boundaries Act/ACAT), creating inter-act dependencies.","Exemptions and exceptions are multi-tiered (standing exemptions by regulation, Ministerial exemptions subject to conditions and appealable/reviewable decisions), increasing branch complexity. (s 83C, s 83D–83F; Reg 36E–36F)","Transitional commencement staging: primary commencement 1 May 2024, with certain enforcement/filing provisions deferred to 1 May 2028, complicating compliance calendars (Commencement provisions)."],"plain_english_summary":"**What this law does (mechanically)\n\n- Inserts a new dedicated regime for \"regulated swimming pools\" into the Building Act 2004 (new Part 5A). (see Part 5A, s 83–83S)\n- Defines which water structures are captured as \"regulated swimming pools\" and which are excluded (for example: spas and demountable pools are included; baths, inflatable pools and public pools at category 1 facilities are excluded). (s 83B)\n- Prescribes safety standards by regulation (either a combination of the building code and two Australian Standards for pools built before 1 May 2023, or the building code for pools built or substantially altered on/after that date). (Building (General) Reg 36D)\n- Requires an inspection by an authorised inspector (an \"authorised person\") and issuance of a written compliance certificate or a rectification notice. Inspectors must provide copies to the construction occupations registrar. (s 83K(1),(3),(6); s 83K(6))\n- Sets when compliance certificates expire (date-based and event-based rules). Certificates issued before 1 May 2028 expire on 30 April 2032; certificates issued on/after 1 May 2028 last 5 years. Certificates also lapse when the pool or its barrier is substantially altered or if a Ministerial exemption is revoked. (s 83L)\n- Imposes new criminal offences and penalties on owners/occupiers for failures such as: failing to obtain or lodge required certificates by deadlines, failing to maintain a compliant safety barrier, failing to keep access points closed, and failing to take reasonable steps to fix known non-compliance. Some offences are strict liability. (ss 83I, 83J, 83M, 83N, 83O, 83OA, 83OB)\n- Creates a system of exemptions:\n  - \"Standing exemptions\" that apply automatically where regulations prescribe circumstances (examples given in the regulations include short-term demountable pools and some spa arrangements). (s 83C; Reg 36E)\n  - \"Ministerial exemptions\" that owners may apply for; the Minister may grant, vary or revoke exemptions and must issue an exemption certificate that records conditions and grounds. Exemptions last up to 5 years. (s 83D–83F)\n- Gives the director-general power to appoint authorised persons, issue identity cards, and direct inspectors. (ss 83P–83Q)\n- Expands other laws to work with the new regime: sellers of residential property must provide specified pool documents to buyers; the sale disclosure rules vary by the pool's construction date; the ACAT must take specified matters into account for dividing fences that form part of a pool safety barrier. (Civil Law (Sale of Residential Property) Act s 9 additions; Civil Law Regulation 10B; Common Boundaries Act s 13A)\n- Adds low‑level administrative and infringement penalties for many of the new offences (Magistrates Court regulation inserts penalty notices and amounts). (Magistrates Court (Building Infringement Notices) Reg items)\n- Staging and deadlines: most of the Act commences 1 May 2024; certain enforcement/filing provisions have later start dates (sections 5, 6 and 29 commence 1 May 2028). (Commencement provisions)\n\n\nWho this affects and who decides\n\n- Owners of premises with regulated swimming pools: primary duty-holders for obtaining inspections, lodging certificates, maintaining barriers, and supplying sale documents. (ss 83K, 83L, 83M, 83N; Civil Law Regulation 10B)\n- Occupiers of premises with regulated pools: have obligations to keep barrier access points closed and locked. (s 83O)\n- Director-general (administration): appoints authorised persons, issues identity cards and may direct inspectors. (ss 83P–83Q)\n- Minister: decides on Ministerial exemption applications, may make guidelines and issue exemption certificates, and may revoke or vary exemptions. (ss 83D–83G)\n- Authorised persons (inspectors): perform inspections, issue compliance certificates and rectification notices, and lodge copies with the registrar. (s 83K)\n- Construction occupations registrar: receives lodged certificates and notices (s 83K(6))\n- ACAT (administrative tribunal): when determining dividing‑fence disputes that involve a safety barrier, it must consider matters prescribed by regulation. (Common Boundaries Act s 13A)\n\n\nWhy it matters (stated rationale and practical mechanics)\n\n- The stated purpose in the instrument is to improve swimming pool safety through an inspection-and-certification regime and enforceable obligations. Mechanically, the Act achieves this by (a) prescribing safety standards by regulation, (b) requiring authorised inspections and compliance certificates, (c) creating offences and penalties for failures to comply or to maintain/secure barriers, and (d) tying pool compliance to property sale disclosures. (Part 5A and relevant regulations)\n\n- Costs and incentives created by the law (mechanical effects):\n  - Owners face direct costs: inspection fees, remedial work to bring barriers up to standard, and possible fines for non-compliance (see ss 83M, 83N, 83O, 83OA, 83OB and the infringement schedule). Owners selling property must supply documentary proof of compliance or exemption. (Civil Law (Sale) Reg 10B)\n  - The Act creates market demand for authorised inspectors, compliance assessors, and barrier‑installation/repair services because inspections and certificates are required. (ss 83K, 83P; regs 36D, 36E, 36F)\n  - The Minister has discretion to grant, vary or revoke exemptions; that discretion creates a route for some owners to avoid full compliance if prescribed or accepted grounds exist (ss 83D–83F; Reg 36F). The Act requires the Minister to record conditions and grounds in a certificate and limits exemption terms to 5 years (s 83D(6), s 83D(7)).\n\n- Trade-offs and implementation risk:\n  - Administrative burden and capacity: the law depends on an operational system of authorised inspectors, registrar lodgement, and Ministerial processing. If the Territory does not resource appointments or registrar processes, compliance and enforcement will be difficult to administer (ss 83P, 83K(6), 83G). The Act leaves many technical details to regulation (safety standards, exemptions, competency criteria), so operational outcomes will depend on those subordinate instruments (Building (General) Reg 36D–36F).\n  - Timing and transition complexity: multiple date thresholds affect what owners must produce and when (built before 1 May 2013; 1 May 2013–1 May 2023; built or substantially altered on/after 1 May 2023; certificate rules change again at 1 May 2028). That creates complexity for owners and conveyancers and raises the risk of inadvertent non‑compliance. (ss 83B, 83L; Civil Law Reg 10B as amended)\n  - Enforcement design: several offences are strict liability (owner need not be proved to have been negligent or dishonest), which lowers the prosecution threshold but increases compliance risk for owners who may unintentionally fall short. (ss 83I(2), 83J(2), 83M(2), 83OB(2))\n\n- Concentrated benefits and diffuse costs (mechanical observations):\n  - Businesses that provide inspection, certification, and barrier‑repair services will likely see concentrated demand. Owners, sellers and tenants face the dispersed compliance costs. The Act does not specify fee caps for inspections or repairs; those costs will be set by market providers and by the administrative settings the Territory adopts for authorised persons. (ss 83K, 83P)\n\n\nPractical steps required by owners and sellers (examples)\n\n- Owners with pools built before 1 May 2013: obtain a compliance certificate (or exemption certificate or statutory declaration where a standing exemption applies) and lodge it with the registrar by the required dates; maintain barriers and ensure access points are kept closed/locked when not in use. (ss 83K, 83L, 83M, 83N, 83O; Civil Law Reg 10B)\n- Owners applying for Ministerial exemption: apply in writing, provide supporting evidence, accept any conditions, hold a time‑limited exemption certificate and notify the Minister of relevant changes. (s 83D(1)–(6), s 83F(1)(e))\n- Sellers: include the prescribed swimming pool documents in the contract for sale as required by the Civil Law (Sale) Act and Regulation; the document list varies depending on the pool's construction date. (Civil Law (Sale) Act s 9 additions; Civil Law Reg 10B)\n\n\nKey sections to look at for operational details\n\n- Definitions and scope: s 83 and s 83B\n- Inspection, certificates and lodgement: s 83K and s 83K(6)\n- Certificate duration and events that end a certificate: s 83L\n- Exemptions: s 83C (standing) and s 83D–83F (Ministerial)\n- Owner/occupier offences and penalties: ss 83I–83O, 83OA–83OB\n- Authorised persons and government administration: ss 83P–83Q\n- Regulation details (technical standards and specific exemptions): Building (General) Reg 36D–36F\n- Sale disclosure requirements: Civil Law (Sale of Residential Property) Reg 10B (as substituted)\n- ACAT/dividing fence rules: Common Boundaries Act s 13A\n\n\nLimitations of this summary\n\n- Many technical rules (precise construction and barrier measurements, the full list of standing exemptions and prescribed tests) are in regulation or standards referenced by regulation. Those technical details determine much of the practical compliance cost and must be consulted for work or purchase decisions (Reg 36D–36F and the referenced Australian Standards)."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/building-swimming-pool-safety-legislation-amendment-act-2023","history":"/api/acts/building-swimming-pool-safety-legislation-amendment-act-2023/history","analysis":"/api/acts/building-swimming-pool-safety-legislation-amendment-act-2023/analysis","conflicts":"/api/acts/building-swimming-pool-safety-legislation-amendment-act-2023/conflicts","importantCases":"/api/acts/building-swimming-pool-safety-legislation-amendment-act-2023/important-cases","documents":"/api/acts/building-swimming-pool-safety-legislation-amendment-act-2023/documents"}}