{"id":"F2011L00223","name":"Competition and Consumer Act 2010 - Consumer Protection Notice No. 16 of 2011 - Permanent ban on pools and spas with unsafe design features","slug":"competition-and-consumer-act-2010-consumer-protection-notice-no-16-of-2011-permanent-ban-on-pools-an","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":86423,"registerId":"commonwealth-F2011L00223-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Competition and Consumer Act 2010 - Consumer Protection Notice No. 16 of 2011 - Permanent ban on pools and spas with unsafe design features","content":"COMMONWEALTH OF AUSTRALIA\n\nCOMPETITION AND CONSUMER ACT 2010\n\nConsumer Protection Notice No. 16 of 2011\n\nPERMANENT BAN ON POOLS AND SPAS WITH UNSAFE DESIGN FEATURES\n\nI, DAVID BRADBURY, Parliamentary Secretary to the Treasurer, pursuant to subsection 114(1)(a) of Schedule 2 to the Competition and Consumer Act 2010, IMPOSE a permanent ban on the goods specified below.\n\nParticulars of Goods\n\n1.  Potty skimmers designed for installation in domestic swimming pools or spas.\n\n2. Pool or spa outlets which are not designed to reduce or minimise the likelihood of entrapment of any part of a person’s body or hair by the outlet when in use.  \nNote: In this clause, ‘outlets’ does not include outlets which comply with the relevant provisions of an Australian or ASME / ANSI / ASTM Standard having the purpose of reducing or minimising the likelihood of entrapment of any part of a person’s body or hair by the outlet when in use.\n\n3. Transportable swimming pools or spas which contain integrally moulded potty skimmers or outlets that are not designed to reduce or minimise the likelihood of entrapment of any part of a person’s body or hair by the outlet when in use.  \nNote: In this clause, ‘outlets’ does not include outlets which comply with the relevant provisions of an Australian or ASME / ANSI / ASTM Standard having the purpose of reducing or minimising the likelihood of entrapment of any part of a person’s body or hair by the outlet when in use.\n\nInterpretation:\n\n“ANSI” means American National Standards Institute.\n\n“ASME” means American Society of Mechanical Engineers.\n\n“ASTM” means American Society for Testing and Materials.\n\n“Australian or ASME / ANSI / ASTM Standard having the purpose of reducing or minimising the likelihood of entrapment” includes AS1926.3; AS2610.2 and ANSI A112.\n\n“Potty skimmer” means a pool or spa outlet at water level used as a suction point for the water reticulation system which (a) resembles a child’s chamber‑pot or other toilet device and which (b) has no protective device fixed to the skimmer box outlet which would prevent a person becoming lodged or caught in the skimmer box outlet through the operation and effect of suction within or through the water reticulation system.\n\nNote: Goods subject to this Notice and which fail to comply may be subject to compulsory recall. This includes goods which subsequently become fixtures \\[by virtue of subsection 122(3) of Schedule 2 to the Act\\].\n\nDated this 1st day of February 2011.\n\nDAVID BRADBURY\n\nParliamentary Secretary to the Treasurer","sortOrder":0}],"analysis":{"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"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation maintains its original narrow scope. It was always intended as a targeted safety ban on specific drowning hazards (potty skimmers and unsafe suction outlets) following identified fatalities. The scope has not expanded beyond this original consumer protection purpose."},"complexity_factors":["Short document: only 3 substantive clauses banning specific goods","Minimal defined terms: only 4 acronyms and 1 key term ('potty skimmer') defined","Simple conditional logic: bans are absolute with straightforward exceptions (compliance with named standards)","No cross-referencing maze: only references to external standards (AS1926.3, AS2610.2, ANSI A112) and one Act provision","Single layer of regulation: direct prohibition without nested exceptions or sub-delegation"],"plain_english_summary":"This law permanently bans pool and spa suction fittings that can entrap people (commonly known as \"potty skimmers\") and any portable pools or outlets with those dangerous features. It affects manufacturers, importers, retailers and installers of circulation equipment, and allows only outlets meeting recognised safety standards (AS1926.3, AS2610.2 or ANSI A112). The ban prevents drownings from suction entrapment and enables forced recalls of banned fittings, even if already installed."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Notice itself imposes a permanent ban on the specified goods and identifies limited exclusions by reference to recognised standards. The text contains no indication that it alters or narrows a prior instrument’s scope; it sets out the ban as its operative scope (Particulars of Goods; Interpretation; Recall note)."},"complexity_factors":["Narrow, targeted scope (specific goods: clauses 1–3, \"Particulars of Goods\").","Technical compliance hinge: exclusion for outlets that comply with specified standards (Interpretation; references to AS1926.3; AS2610.2; ANSI A112).","Definitions impose multi‑element tests (definition of \"potty skimmer\" requires both resemblance and absence of a protective device).","Enforcement and after‑sales effects: non‑compliant goods may face compulsory recall, including items that later become fixtures (Recall note; reference to subsection 122(3)).","Legal authority and operative power cited (imposed under subsection 114(1)(a) of Schedule 2), creating statutory enforcement pathways.","Compliance assessment relies on the factual question whether an outlet is \"designed to reduce or minimise the likelihood of entrapment,\" which may create inspection and certification burdens for suppliers."],"plain_english_summary":"This Notice permanently bans certain pool and spa outlets and \"potty skimmers\" that can trap a person’s body or hair. It removes from the market goods that do not ‘reduce or minimise’ entrapment risk, while outlets that meet specified Australian or ASME/ANSI/ASTM standards are excluded.\n\nThe ban affects manufacturers, importers, distributors, retailers and owners of transportable pools/spas; non‑compliant goods may be compulsorily recalled under the Act."}},"importantCases":[],"_links":{"self":"/api/acts/competition-and-consumer-act-2010-consumer-protection-notice-no-16-of-2011-permanent-ban-on-pools-an","history":"/api/acts/competition-and-consumer-act-2010-consumer-protection-notice-no-16-of-2011-permanent-ban-on-pools-an/history","analysis":"/api/acts/competition-and-consumer-act-2010-consumer-protection-notice-no-16-of-2011-permanent-ban-on-pools-an/analysis","conflicts":"/api/acts/competition-and-consumer-act-2010-consumer-protection-notice-no-16-of-2011-permanent-ban-on-pools-an/conflicts","importantCases":"/api/acts/competition-and-consumer-act-2010-consumer-protection-notice-no-16-of-2011-permanent-ban-on-pools-an/important-cases","documents":"/api/acts/competition-and-consumer-act-2010-consumer-protection-notice-no-16-of-2011-permanent-ban-on-pools-an/documents"}}