{"id":"swimming-pool-safety-act-2004","name":"Swimming Pool Safety Act 2004","slug":"swimming-pool-safety-act-2004","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30643,"registerId":"nt-swimming-pool-safety-act-2004-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Swimming Pool Safety Act 2004","content":"NORTHERN TERRITORY OF AUSTRALIA\nSWIMMING POOL SAFETY ACT 2004\nAs in force at 13 September 2025\nTable of provisions\nPart 1 Preliminary\n1 Short title ......................................................................................... 1\n2 Commencement .............................................................................. 1\n3 Application of Act ............................................................................. 1\n4 Interpretation ................................................................................... 1\n5 Residential buildings ........................................................................ 4\n6 Swimming pools .............................................................................. 5\n7 Swimming pool barriers ................................................................... 5\nPart 2 Safety standards applicable to certain\nswimming pools\n8 Safety standards for new swimming pools....................................... 6\n9 Safety standards for existing swimming pools ................................. 6\n10 Modified Australian Standard........................................................... 6\n11 Community Safety Standard ............................................................ 7\n12 Non-standard safety provision ......................................................... 8\n13 Financial assistance to assist in compliance with safety\nstandards ......................................................................................... 9\nPart 3 Interim compliance certificates,\ncompliance certificates and\nacknowledgment notices\nDivision 1 Interim compliance certificates and\ncompliance certificates\n14 Interim compliance certificate before construction at small\npremises ........................................................................................ 10\n15 Obligations if interim compliance certificate issued ....................... 10\n16 Application for compliance certificate after construction of new\npool at small premises ................................................................... 11\n17 Applications for compliance certificates generally ......................... 11\n18 Issuing of certificates ..................................................................... 12\n19 Variation and revocation of certificates .......................................... 12\nDivision 2 Acknowledgment notices\n20 Declaration of compliance ............................................................. 13\n\nSwimming Pool Safety Act 2004 ii\n21 Acknowledgment notice ................................................................. 13\nDivision 3 Swimming pools on common property\n22 Definitions ...................................................................................... 13\n23 When swimming pools on common property to be certified or\nnotified ........................................................................................... 14\nPart 4 Sale, transfer or residential leasing of\nsmall premises with swimming pools\nDivision 1 Sale or transfer of small premises with\nswimming pools\n24 Restrictions on transfer of interest in small premises with\nswimming pools ............................................................................. 14\n25 Purchaser's declaration ................................................................. 15\n26 Purchaser may apply for provisional compliance certificate .......... 15\n27 Purchaser may lodge declaration of proposed compliance ........... 16\n28 Temporary acknowledgment notice ............................................... 17\nDivision 2 Residential leases\n29 No residential lease of small premises with swimming pool\nunless certified or notified .............................................................. 18\nPart 5 Obligations and orders relating to\nswimming pools\n30 Owner of small premises with new swimming pool must hold\ncompliance certificate .................................................................... 19\n31 Owner to comply with conditions relating to certified swimming\npools .............................................................................................. 19\n32 Owner to comply with declaration of compliance ........................... 19\n33 Gates, doors etc. that give access to swimming pool to be\nsecurely closed .............................................................................. 19\n34 Occupier to notify owner if swimming pool barrier needs repair .... 20\n35 Owner to ensure swimming pool does not constitute danger to\nchild ............................................................................................... 20\n36 Limitation of local government councils' obligations and liability .... 21\n37 Authority may issue order .............................................................. 21\nPart 6 Administration\n38 Swimming Pool Safety Authority.................................................... 22\n39 Delegation ..................................................................................... 22\n40 Pool safety advisers ...................................................................... 22\n41 Identity cards ................................................................................. 23\n42 Authority may obtain information etc. ............................................ 23\n\nSwimming Pool Safety Act 2004 iii\n43 Powers of entry and inspection...................................................... 23\n44 Search warrants ............................................................................ 25\n45 Approved forms ............................................................................. 26\n46 Prescribed fees.............................................................................. 26\n47 Protection from liability .................................................................. 26\nPart 7 Review of decisions\n48 Review by NTCAT ......................................................................... 26\nPart 8 Miscellaneous\n51 Dividing barriers............................................................................. 27\n52 Notices........................................................................................... 27\n53 Defence if swimming pool not able to be used .............................. 28\n54 Continuing offences ....................................................................... 28\n55 General provisions relating to declarations .................................... 28\n56 Regulations.................................................................................... 29\n57 Repeal ........................................................................................... 30\n58 Transitional provisions ................................................................... 30\nSchedule 1 Transitional provisions\nSchedule 2 Reviewable decisions\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 13 September 2025\n____________________\nSWIMMING POOL SAFETY ACT 2004\nAn Act to establish safety standards for certain swimming pools and\nencourage compliance with those standards, and for related purposes\nPart 1 Preliminary\n1 Short title\nThis Act may be cited as the Swimming Pool Safety Act 2004.\n2 Commencement\nThis Act comes into operation on the date fixed by the Administrator\nby notice in the Gazette.\n3 Application of Act\n(1) This Act does not apply in relation to a swimming pool that is\nsituated on an area of land occupied by the Crown, a statutory\ncorporation or a local government council.\n(2) Despite subsection (1), this Act applies to a swimming pool on\nproperty occupied by the Crown, a statutory corporation or a local\ngovernment council if that property is used solely as a residential\nbuilding.\n(3) If there is an inconsistency between this Act and another Act, this\nAct prevails to the extent of the inconsistency.\n4 Interpretation\n(1) In this Act:\nacknowledgment notice means a notice issued under section 21.\naffected person, see section 48(2).\napplicable safety standard, in relation to a swimming pool, means\nthe Community Safety Standard, modified Australian Standard or\nnon-standard safety provision applicable to that swimming pool.\n\nPart 1 Preliminary\nSwimming Pool Safety Act 2004 2\napplicant means a person who has made an application to the\nAuthority under Part 3 or 4.\napproved form means a form approved under section 45.\nAuthority means a person appointed under section 38.\ncertified, in relation to a swimming pool, means there is in force a\ncompliance certificate in respect of the swimming pool.\nchild means a person who is under the age of 5 years.\nCommunity Safety Standard means the safety standard referred\nto in section 11.\ncompliance certificate means a certificate issued under\nsection 18(2).\nconstruct includes install.\ndeclaration of compliance means a declaration referred to in\nsection 20.\ndeclaration of proposed compliance means a declaration\nreferred to in section 27.\ndividing barrier means a swimming pool barrier separating\nadjoining premises:\n(a) whether the adjoining premises are wholly or only partly\nseparated by the swimming pool barrier; and\n(b) whether or not the swimming pool barrier is on any part of the\ncommon boundary of the adjoining premises.\nexisting swimming pool means a swimming pool the construction\nof which was completed before 1 January 2003.\ninterim compliance certificate means a certificate issued under\nsection 18(1).\nlarge premises means premises of 1.8 hectares or more in area.\nmodified Australian Standard means the safety standard referred\nto in section 10.\nnew swimming pool means a swimming pool the construction of\nwhich is completed on or after 1 January 2003.\nnon-standard safety provision means the provision referred to in\nsection 12.\n\nPart 1 Preliminary\nSwimming Pool Safety Act 2004 3\nnotified, in relation to a swimming pool, means an\nacknowledgment notice is in force in respect of the swimming pool.\noccupier, in relation to premises, includes:\n(a) a person who is for the time being in charge of the premises;\nand\n(b) if there are 2 or more occupiers of the premises – each of the\noccupiers.\nowner, in relation to premises, means the registered owner or\nregistered proprietor within the meaning of the Land Title Act 2000.\nperimeter boundary means a fence, wall or other similar structure\nforming the outer boundary of premises.\npool safety adviser means a swimming pool safety adviser\nappointed under section 40.\npremises means a lot within the meaning of the Land Title\nAct 2000 and includes any building or structure on the lot.\nprescribed fee means a fee prescribed under section 46.\nprovisional acknowledgment notice means a notice issued under\nsection 27(4).\nprovisional compliance certificate means a certificate issued\nunder section 26(4).\npurchaser's declaration means a declaration referred to in\nsection 25.\nresidential building has the meaning in section 5.\nreviewable decision, see section 48(1).\nsmall premises means premises of less than 1.8 hectares in area.\nspa bath means a bath, intended to be emptied after each use, that\ncan inject air bubbles or jets of turbulent water into the water in the\nbath.\nspa pool means a water-retaining structure that can inject air\nbubbles or jets of turbulent water into the water in the structure and\nincludes an excavation, structure or vessel in the nature of a spa\npool, flotation tank or tub, but does not include a spa bath.\nswimming pool has the meaning in section 6.\n\nPart 1 Preliminary\nSwimming Pool Safety Act 2004 4\nswimming pool barrier has the meaning in section 7.\ntemporary acknowledgment notice means a notice issued under\nsection 28.\nupgrade, in relation to a swimming pool or swimming pool barrier,\nincludes construct, alter, repair and replace.\n(2) For this Act, adjoining premises owned by the same person are\ntaken to be one premises.\n(3) For this Act, 2 or more swimming pools are taken together to\ncomprise one swimming pool if they are:\n(a) situated at the same premises; and\n(b) in close proximity to one another.\n5 Residential buildings\n(1) A residential building is:\n(a) a building that is solely or principally used for residential\npurposes; or\n(b) a caravan or mobile home in a caravan park.\n(2) A residential building includes any structure (such as a shed or\ngarage) that is ancillary to the building.\n(3) A residential building does not include the following:\n(a) a hotel or motel;\n(b) premises (other than a house) at which accommodation is\nprovided for a fee, or under a short term lease, for holiday\naccommodation;\n(c) a house in which the owner of the premises does not normally\nreside and at which accommodation is provided for a fee, or\nunder a short term lease, for holiday accommodation;\n(d) a building that forms part of a complex of buildings that are\nprincipally used for non-residential purposes.\n\nPart 1 Preliminary\nSwimming Pool Safety Act 2004 5\n6 Swimming pools\n(1) A swimming pool is an excavation, structure or vessel (including a\nspa bath outside a building and a spa pool) that:\n(a) is capable of being filled with water to a depth of\n300 millimetres or more at the deepest point of the swimming\npool; and\n(b) is used, or is designed, manufactured or adapted to be used,\nsolely or principally for swimming, wading, paddling or another\nhuman aquatic activity.\n(2) A swimming pool does not include any of the following structures:\n(a) a spa bath within a building;\n(b) a structure within a bathroom that is within a building;\n(c) a structure within a building to which all points of entry consist\nof doors, gates or windows that are self-closing and\nself-latching;\n(d) a structure that is exempted by the Regulations from the\napplication of this Act.\n(3) A reference in this Act to a swimming pool includes a reference to\nthe swimming pool barrier, unless the contrary intention appears.\n7 Swimming pool barriers\n(1) A swimming pool barrier is a fence, wall or similar structure\nintended to form a barrier to a swimming pool and includes a gate\nor door set in the fence, wall or structure.\n(2) A swimming pool barrier also includes the following:\n(a) a wall of a building including a window, gate or door set in the\nwall;\n(b) in relation to a spa pool – the lid of the spa pool;\n(c) a structure or thing specified by the Regulations to be a\nswimming pool barrier.\n(3) A swimming pool barrier does not include a fence, wall or structure\nthat consists, or part of which consists, solely of a hedge or\nvegetation.\n\nPart 2 Safety standards applicable to certain swimming pools\nSwimming Pool Safety Act 2004 6\nPart 2 Safety standards applicable to certain\nswimming pools\n8 Safety standards for new swimming pools\n(1) A new swimming pool at small premises must be certified under\nsection 18(2) as complying with:\n(a) the modified Australian Standard; or\n(b) the non-standard safety provision.\n(2) A new swimming pool at large premises may be, but is not required\nto be:\n(a) certified under section 18(2) as complying with the modified\nAustralian Standard or non-standard safety provision; or\n(b) acknowledged under section 21 as having been declared to\ncomply with the Community Safety Standard.\n9 Safety standards for existing swimming pools\n(1) An existing swimming pool at small premises may be, but until the\npremises are sold or leased is not required to be:\n(a) certified under section 18(2) as complying with the modified\nAustralian Standard or the non-standard safety provision; or\n(b) acknowledged under section 21 as having been declared to\ncomply with the Community Safety Standard.\n(2) An existing swimming pool at large premises may be, but is not\nrequired to be:\n(a) certified under section 18(2) as complying with the modified\nAustralian Standard or the non-standard safety provision; or\n(b) acknowledged under section 21 as having been declared to\ncomply with the Community Safety Standard.\n10 Modified Australian Standard\n(1) The modified Australian Standard for a swimming pool is that:\n(a) the swimming pool must be enclosed by a swimming pool\nbarrier that:\n(i) surrounds the swimming pool;\n\nPart 2 Safety standards applicable to certain swimming pools\nSwimming Pool Safety Act 2004 7\n(ii) separates the swimming pool from a residential building\nat the premises where the swimming pool is situated and\nfrom all areas of land or buildings adjoining the\npremises; and\n(iii) is designed, constructed, sited and maintained in a\nmanner consistent with the standards prescribed by the\nRegulations; and\n(b) if there is a dividing barrier – the owner of the premises at\nwhich the swimming pool is situated must, in accordance with\nthe Regulations, give the owner of the adjoining premises the\nnotice prescribed by the Regulations.\n(2) The Authority must ensure that copies of the following are made\navailable for viewing by members of the public:\n(a) diagrams illustrating how subsection (1)(a)(i) and (ii) may be\napplied;\n(b) the standards prescribed under subsection (1)(a)(iii).\n11 Community Safety Standard\n(1) The Community Safety Standard for a swimming pool is that:\n(a) the swimming pool barrier must be designed, sited,\nconstructed and maintained in a way that prevents (to the\nextent that is practicable and reasonable in all the\ncircumstances) a child from gaining unsupervised access to\nthe swimming pool; and\n(b) if there is a dividing barrier – the owner of the premises at\nwhich the swimming pool is situated must, in accordance with\nthe Regulations, give the owner of the adjoining premises the\nnotice prescribed by the Regulations.\n(2) If a swimming pool is at premises where access to the swimming\npool is prevented only by a perimeter boundary, the swimming pool\ndoes not comply with the Community Safety Standard.\n(3) The Regulations may prescribe guidelines to assist in the\nassessment of compliance with the Community Safety Standard.\n\nPart 2 Safety standards applicable to certain swimming pools\nSwimming Pool Safety Act 2004 8\n12 Non-standard safety provision\n(1) A swimming pool that does not comply with the modified Australian\nStandard or Community Safety Standard may be certified as\ncomplying with the non-standard safety provision if:\n(a) the Authority is satisfied that:\n(i) because of the physical characteristics of the land on\nwhich the swimming pool is situated or of the buildings\non the land, or the nature of the design and construction\nof the swimming pool, it is impracticable for the\nswimming pool to comply with either of those standards\nor it would be unreasonable to require such compliance;\nor\n(ii) the swimming pool meets a precondition for\nnon-standard enclosure specified in this section; and\n(b) the Authority is satisfied that:\n(i) access to the swimming pool does not, in all the\ncircumstances, pose an unacceptable risk to a child;\n(ii) the owner of the premises is aware of the risks posed to\na child by the swimming pool; and\n(iii) if there is a dividing barrier – the owner of the premises\nat which the swimming pool is situated has, in\naccordance with the Regulations, given the owner of the\nadjoining premises the notice prescribed by the\nRegulations.\n(2) A swimming pool meets a precondition for non-standard enclosure\nif any of the following circumstances apply:\n(a) the swimming pool is at premises that are less than\n300 square metres in area and access to the swimming pool\nfrom a residential building at the premises is restricted in\naccordance with the Community Safety Standard or modified\nAustralian Standard;\n(b) the swimming pool is at premises that have frontage to a body\nof water (including a permanent creek or river, canal, marina,\npond, lake, reservoir or estuary or the sea) and access to the\nswimming pool from a residential building at the premises is\nrestricted in accordance with the Community Safety Standard\nor modified Australian Standard;\n\nPart 2 Safety standards applicable to certain swimming pools\nSwimming Pool Safety Act 2004 9\n(c) the swimming pool is a spa pool to which access is able to be\nrestricted at all times when the spa pool is not in use and all\npoints of entry to the area immediately surrounding the spa\npool consist of doors, gates or windows, that are self-closing\nand self-latching;\n(d) the swimming pool is a spa pool that has a solid lid that is able\nto be locked in place so as to cover the top of the spa pool at\nall times when the spa pool is not in use.\n(3) A swimming pool meets a precondition for non-standard enclosure\nif:\n(a) the swimming pool barrier consists of louvre windows fitted\nwith security bars, screens or devices that provide an effective\nbarrier; and\n(b) the swimming pool barrier does not allow access through an\nopening that does not have a self-closing and self-latching\ndoor or gate.\n(4) A swimming pool meets a precondition for non-standard enclosure\nif the swimming pool, or the premises where it is (or is to be)\nsituated, is a member of a class of swimming pools or class of\npremises prescribed by the Regulations.\n(5) In this section:\nresidential building only includes a structure such as a garage or\nshed that is ancillary to a residential building if the structure is itself\nused for residential purposes.\n13 Financial assistance to assist in compliance with safety\nstandards\nThe Minister may authorise a financial assistance scheme to assist\nowners of premises at which there are existing swimming pools to\nupgrade the swimming pool barriers to comply with the Community\nSafety Standard or modified Australian Standard.\n\nPart 3 Interim compliance certificates, compliance certificates and acknowledgment\nnotices\nDivision 1 Interim compliance certificates and compliance certificates\nSwimming Pool Safety Act 2004 10\nPart 3 Interim compliance certificates, compliance\ncertificates and acknowledgment notices\nDivision 1 Interim compliance certificates and compliance\ncertificates\n14 Interim compliance certificate before construction at small\npremises\n(1) The owner of small premises who intends to have a swimming pool\nconstructed at the premises must, before construction begins, apply\nto the Authority for an interim compliance certificate.\nMaximum penalty: 10 penalty units.\n(2) The application must be in the approved form, contain the\ninformation required by the Regulations and be accompanied by the\nprescribed fee (if any).\n(3) Before applying for an interim compliance certificate, the owner:\n(a) must request the Authority for the advice of a pool safety\nadviser if the swimming pool is to be constructed to comply\nwith the non-standard safety provision; or\n(b) may request the Authority for the advice of a pool safety\nadviser if the swimming pool is to be constructed to comply\nwith the modified Australian Standard.\n15 Obligations if interim compliance certificate issued\n(1) This section applies only in relation to the construction of a\nswimming pool to which an interim compliance certificate relates.\n(2) Before the contractor begins to construct the swimming pool, the\ncontractor must notify the Authority in the approved form of the date\non which construction is to begin.\nMaximum penalty: If the offender is a natural person –\n10 penalty units.\nIf the offender is a body corporate –\n100 penalty units.\n\nPart 3 Interim compliance certificates, compliance certificates and acknowledgment\nnotices\nDivision 1 Interim compliance certificates and compliance certificates\nSwimming Pool Safety Act 2004 11\n(3) The contractor must ensure the construction of the swimming pool\nis in accordance with the particulars and conditions (if any)\nspecified in the interim compliance certificate.\nMaximum penalty: If the offender is a natural person –\n10 penalty units.\nIf the offender is a body corporate –\n100 penalty units.\n(4) If the owner issued with the interim compliance certificate\nconstructs the swimming pool, the obligations imposed on the\ncontractor by this section are imposed instead on the owner.\n(5) In this section:\ncontractor means the person engaged to construct the swimming\npool.\n16 Application for compliance certificate after construction of\nnew pool at small premises\n(1) After the construction at small premises of both a swimming pool\nand swimming pool barrier, the owner of the premises must apply\nfor a compliance certificate in respect of the swimming pool:\n(a) within 7 days after completion of construction; and\n(b) before the pool is filled to a depth of 300 millimetres or more at\nthe deepest point of the swimming pool.\nMaximum penalty: 10 penalty units.\n(2) The application must be in the approved form and contain the\ninformation required by the Regulations.\n17 Applications for compliance certificates generally\n(1) The owner of small premises at which there is an existing\nswimming pool may apply to the Authority for a compliance\ncertificate if the swimming pool complies with the modified\nAustralian Standard or non-standard safety provision.\n(2) The owner of large premises at which there is a new swimming pool\nor existing swimming pool may apply to the Authority for a\ncompliance certificate if the swimming pool complies with the\nmodified Australian Standard or non-standard safety provision.\n\nPart 3 Interim compliance certificates, compliance certificates and acknowledgment\nnotices\nDivision 1 Interim compliance certificates and compliance certificates\nSwimming Pool Safety Act 2004 12\n(3) The application must be in the approved form, contain the\ninformation required by the Regulations and be accompanied by the\nprescribed fee (if any).\n18 Issuing of certificates\n(1) The Authority must issue an interim compliance certificate to an\napplicant if the Authority is satisfied about all the information\ncontained in the application for the certificate.\n(2) The Authority must issue a compliance certificate to an applicant if,\nfollowing an assessment by a pool safety adviser, the Authority is\nsatisfied that the swimming pool complies with the modified\nAustralian Standard or non-standard safety provision.\n(3) The Authority may require the applicant for an interim compliance\ncertificate or compliance certificate to provide further information to\nthe Authority or a pool safety adviser.\n(4) If the Authority is not satisfied about a matter in connection with an\napplication for a compliance certificate, the Authority may:\n(a) before issuing the certificate, require the applicant to take\nspecified measures to ensure the swimming pool complies\nwith the applicable safety standard; or\n(b) refuse to issue a compliance certificate.\n(5) An interim compliance certificate or compliance certificate:\n(a) must be in the approved form and include the particulars\nspecified by the Regulations; and\n(b) may include conditions specified by the Authority.\n19 Variation and revocation of certificates\n(1) The Authority may vary an interim compliance certificate or\ncompliance certificate, in accordance with the Regulations, on\napplication by the holder of the certificate or on its own initiative.\n(2) An application for a variation of a certificate must be in the\napproved form, contain the information required by the Regulations\nand be accompanied by the prescribed fee (if any).\n(3) The Authority may revoke a compliance certificate only in\naccordance with the Regulations.\n\nPart 3 Interim compliance certificates, compliance certificates and acknowledgment\nnotices\nDivision 3 Swimming pools on common property\nSwimming Pool Safety Act 2004 13\nDivision 2 Acknowledgment notices\n20 Declaration of compliance\n(1) The owner of small premises at which there is an existing\nswimming pool may lodge with the Authority a declaration of\ncompliance if the swimming pool complies with the Community\nSafety Standard.\n(2) The owner of large premises at which there is an existing swimming\npool or a new swimming pool may lodge with the Authority a\ndeclaration of compliance if the swimming pool complies with the\nCommunity Safety Standard.\n(3) The declaration of compliance must be in the approved form,\ncontain the information required by the Regulations and be\naccompanied by the prescribed fee (if any).\n(4) Before lodging a declaration of compliance, the owner may request\nthe Authority for the advice of a pool safety adviser.\n21 Acknowledgment notice\n(1) If the Authority is satisfied that a declaration of compliance contains\nall the information required by the Regulations, the Authority must\nissue an acknowledgment notice to the person who made the\ndeclaration.\n(2) The acknowledgment notice must be in the approved form and\ninclude the particulars specified by the Regulations.\nDivision 3 Swimming pools on common property\n22 Definitions\nIn this Division:\ncommon property means:\n(a) in relation to a units plan – the common property in relation to\nthe plan as defined in section 4(1) of the Unit Titles Act 1975;\nand\n(b) in relation to a unit title scheme – the common property of the\nscheme as defined in section 33(1) of the Unit Title Schemes\nAct 2009.\n\nPart 4 Sale, transfer or residential leasing of small premises with swimming pools\nDivision 1 Sale or transfer of small premises with swimming pools\nSwimming Pool Safety Act 2004 14\nunit means:\n(a) in relation to a unit plan – a unit of the plan as defined in\nsection 4(1) of the Unit Titles Act 1975; and\n(b) in relation to a unit title scheme – a unit of the scheme as\ndefined in section 37 of the Unit Title Schemes Act 2009.\nunits plan means a unit plan as defined in section 4(1) of the Unit\nTitles Act 1975.\nunit title scheme means a unit title scheme as defined in\nsection 10(1) of the Unit Title Schemes Act 2009.\n23 When swimming pools on common property to be certified or\nnotified\nIf there is a swimming pool on common property at small premises\ncomprised of a units plan or unit title scheme, the owner of the\ncommon property must ensure the swimming pool is certified or\nnotified:\n(a) not later than 6 months after the first transfer of an estate in\nfee simple in a unit in the units plan or unit title scheme; or\n(b) if the first transfer of an estate in fee simple in a unit in the\nunits plan or unit title scheme occurred before the\ncommencement of this Act – not later than 6 months after that\ncommencement.\nMaximum penalty: 100 penalty units.\nPart 4 Sale, transfer or residential leasing of small\npremises with swimming pools\nDivision 1 Sale or transfer of small premises with swimming\npools\n24 Restrictions on transfer of interest in small premises with\nswimming pools\n(1) This section does not apply in relation to small premises referred to\nin section 23.\n(2) The Registrar-General must not, under Part 6 of the Land Title\nAct 2000, transfer a fee simple interest in small premises at which\nthere is a swimming pool unless there is:\n(a) in respect a new swimming pool – a compliance certificate; or\n\nPart 4 Sale, transfer or residential leasing of small premises with swimming pools\nDivision 1 Sale or transfer of small premises with swimming pools\nSwimming Pool Safety Act 2004 15\n(b) in respect of an existing swimming pool – one of the following:\n(i) a compliance certificate or provisional compliance\ncertificate;\n(ii) an acknowledgment notice together with a purchaser's\ndeclaration;\n(iii) a provisional acknowledgment notice or temporary\nacknowledgment notice.\n(3) In ascertaining whether there is a swimming pool at small premises,\nthe Registrar-General may rely on information provided in a\nstatutory declaration made by any of the following persons:\n(a) the owner and purchaser of the premises, jointly or separately;\n(b) a legal practitioner;\n(c) a real estate agent, business agent or conveyancing agent\nwithin the meaning of the Agents Licensing Act 1979.\n25 Purchaser's declaration\nA purchaser's declaration is a declaration in the approved form\nstating:\n(a) the purchaser of the small premises has seen the\nacknowledgment notice issued in respect of the swimming\npool at those premises; and\n(b) the purchaser is satisfied the swimming pool complies with the\nCommunity Safety Standard.\n26 Purchaser may apply for provisional compliance certificate\n(1) A purchaser of small premises may lodge with the Authority an\napplication for a provisional compliance certificate if:\n(a) there is a swimming pool at the premises that is not certified or\nnotified; and\n(b) the purchaser proposes to upgrade the swimming pool to\ncomply with the modified Australian Standard or non-standard\nsafety provision.\n(2) The application must be in the approved form, contain the\ninformation required by the Regulations and be accompanied by the\nprescribed fee (if any).\n\nPart 4 Sale, transfer or residential leasing of small premises with swimming pools\nDivision 1 Sale or transfer of small premises with swimming pools\nSwimming Pool Safety Act 2004 16\n(3) Before applying for a provisional compliance certificate, the\npurchaser may request the Authority for the advice of a pool safety\nadviser.\n(4) The Authority must, in accordance with the Regulations, issue to\nthe purchaser a provisional compliance certificate if the Authority is\nsatisfied about all the information contained in the purchaser's\napplication.\n(5) The purchaser must:\n(a) begin and complete the upgrade within the times specified by\nthe Regulations; and\n(b) apply for a compliance certificate under section 17 within\n7 days after completion of the upgrade.\nMaximum penalty: 10 penalty units.\n27 Purchaser may lodge declaration of proposed compliance\n(1) A purchaser of small premises may lodge with the Authority a\ndeclaration of proposed compliance if:\n(a) there is a swimming pool at the premises that is not certified or\nnotified; and\n(b) the purchaser proposes to upgrade the swimming pool to\ncomply with the Community Safety Standard.\n(2) The declaration of proposed compliance must be in the approved\nform, contain the information required by the Regulations and be\naccompanied by the prescribed fee (if any).\n(3) Before making a declaration of proposed compliance, the purchaser\nmay request the Authority to provide the advice of a pool safety\nadviser.\n(4) The Authority must, in accordance with the Regulations, issue to\nthe purchaser a provisional acknowledgment notice if the Authority\nis satisfied about all the information contained in the declaration of\nproposed compliance.\n(5) The purchaser must:\n(a) begin and complete the upgrade within the times specified by\nthe Regulations; and\n\nPart 4 Sale, transfer or residential leasing of small premises with swimming pools\nDivision 1 Sale or transfer of small premises with swimming pools\nSwimming Pool Safety Act 2004 17\n(b) lodge a declaration of compliance under section 20 within\n7 days after completion of the upgrade.\nMaximum penalty: 10 penalty units.\n28 Temporary acknowledgment notice\n(1) A person may apply to the Authority for a temporary\nacknowledgment notice to facilitate the transfer of the fee simple\ninterest in prescribed small premises at which there is an existing\nswimming pool that is not certified or notified.\n(2) For subsection (1), prescribed small premises are any of the\nfollowing:\n(a) small premises that are part of the estate of a deceased\nperson and the fee simple interest is to be transferred, for no\nconsideration, to a surviving spouse or de facto partner,\nanother surviving relative or a member of the deceased\nperson's family;\n(b) small premises that are part of the property to be transferred\nin accordance with a property settlement;\n(c) small premises in respect of which the fee simple interest is to\nbe transferred to a purchaser who is, immediately before the\ntransfer, a tenant-in-common with the Chief Executive Officer\n(Housing) under a housing scheme;\n(d) small premises prescribed by the Regulations;\n(e) small premises in respect of which there is a transfer of the\nfee simple interest to an immediate family member of the\nprevious registered owner or registered proprietor.\n(3) The application must be in the approved form, contain the\ninformation required by the Regulations and be accompanied by the\nprescribed fee (if any).\n(4) The Authority must issue a temporary acknowledgment notice to\nthe applicant if the Authority is satisfied about all the information\ncontained in the application.\n(5) The temporary acknowledgment notice is revoked by virtue of this\nsection immediately after the transfer of the fee simple interest\nunder the Land Title Act 2000.\n\nPart 4 Sale, transfer or residential leasing of small premises with swimming pools\nDivision 2 Residential leases\nSwimming Pool Safety Act 2004 18\n(6) In this section:\nChief Executive Officer (Housing) means the Chief Executive\nOfficer (Housing) established under section 6 of the Housing\nAct 1982.\nhousing scheme means a prescribed housing scheme under\nsection 22 of the Housing Act 1982.\nimmediate family member means:\n(a) a spouse or de facto partner; or\n(b) a parent (including a stepparent) or grandparent; or\n(c) a child (including a stepchild) or grandchild; or\n(d) a sibling (including a half sibling).\nproperty settlement means a settlement of property under the\nFamily Law Act 1975 (Cth) or the De Facto Relationships Act 1991.\nDivision 2 Residential leases\n29 No residential lease of small premises with swimming pool\nunless certified or notified\n(1) A landlord must not enter into a tenancy agreement in relation to\nsmall premises at which there is a swimming pool unless the\nswimming pool is certified or notified and there is no contravention\nof section 31 or 32 (as applicable).\nMaximum penalty: 10 penalty units.\n(2) If a tenancy agreement is entered into in contravention of\nsubsection (1), the landlord must, within a reasonable period after\nthe agreement is entered into, take all reasonable steps to ensure\nthat a compliance certificate or acknowledgment notice may be\nissued in respect of the swimming pool.\nMaximum penalty: 5 penalty units.\n(3) In this section:\nlandlord has the same meaning as in the Residential Tenancies\nAct 1999.\ntenancy agreement has the same meaning as in the Residential\nTenancies Act 1999 and includes an agreement to renew or extend\na tenancy.\n\nPart 5 Obligations and orders relating to swimming pools\nSwimming Pool Safety Act 2004 19\nPart 5 Obligations and orders relating to swimming\npools\n30 Owner of small premises with new swimming pool must hold\ncompliance certificate\nThe owner of small premises at which there is a new swimming\npool must hold a compliance certificate in respect of the swimming\npool.\nMaximum penalty: 10 penalty units.\n31 Owner to comply with conditions relating to certified\nswimming pools\nThe owner of premises at which there is a certified swimming pool\nmust ensure that:\n(a) the swimming pool and swimming pool barrier (if any) are the\nsame, and in substantially the same condition, as on the date\non which the compliance certificate in respect of the swimming\npool was issued or, if applicable, varied; and\n(b) the conditions (if any) on which the swimming pool is certified\nare complied with.\nMaximum penalty: 10 penalty units.\n32 Owner to comply with declaration of compliance\nThe owner of premises at which there is a notified swimming pool\nmust ensure the swimming pool and swimming pool barrier (if any)\nare the same, and in substantially the same condition, as specified\nin the declaration of compliance made by the owner.\nMaximum penalty: 10 penalty units.\n33 Gates, doors etc. that give access to swimming pool to be\nsecurely closed\n(1) The owner and occupier of premises at which there is a certified\nswimming pool or notified swimming pool must ensure that all\ngates, doors, windows and other structures that provide access to\nthe swimming pool are kept securely closed at all times when they\nare not in actual use.\nMaximum penalty: 10 penalty units.\n\nPart 5 Obligations and orders relating to swimming pools\nSwimming Pool Safety Act 2004 20\n(2) It is a defence to a charge of committing an offence against\nsubsection (1) if the owner of the premises establishes that he or\nshe:\n(a) was not the occupier of the premises when the alleged offence\noccurred;\n(b) took all reasonable steps to ensure that the alleged offence\nwould not occur; and\n(c) was not aware of, and could not reasonably have been\nexpected to be aware of, the facts giving rise to the alleged\noffence.\n34 Occupier to notify owner if swimming pool barrier needs repair\nThe occupier of premises at which there is a certified swimming\npool or notified swimming pool must notify the owner of the\npremises of any maintenance required to a swimming pool barrier\nat the premises to enable the owner of the premises to comply with\nthis Act.\nMaximum penalty: 5 penalty units.\n35 Owner to ensure swimming pool does not constitute danger to\nchild\n(1) The owner of premises at which there is a swimming pool that is not\ncertified or notified must, if the premises adjoin a public place,\nensure there is a barrier at the premises that prevents a child from\ngaining unsupervised access to the swimming pool from the public\nplace.\nMaximum penalty: 10 penalty units.\n(2) In this section:\nbarrier means a fence, wall or similar structure and includes a gate\nor door set in the fence, wall or structure.\n\nPart 5 Obligations and orders relating to swimming pools\nSwimming Pool Safety Act 2004 21\n36 Limitation of local government councils' obligations and\nliability\nIf there is a fence, wall or similar barrier separating premises from\nland maintained by a local government council, and the fence, wall\nor barrier forms a swimming pool barrier for a swimming pool at the\npremises:\n(a) the council has no obligation to maintain the fence, wall or\nbarrier to comply with the Community Safety Standard,\nmodified Australian Standard or non-standard safety provision\nor to maintain the land to assist such compliance; and\n(b) the council is not liable for a personal injury caused because\nthe fence, wall or barrier did not comply with the Community\nSafety Standard, modified Australian Standard or\nnon-standard safety provision.\n37 Authority may issue order\n(1) The Authority may issue a written order to a person if the Authority\nis satisfied the person is contravening a provision of this Act as\nspecified in the order.\n(2) The order may require the person to whom it is directed to take\nspecified measures, within a specified reasonable time, to ensure\ncompliance with the provision.\n(3) An order is of no effect to the extent that it purports to require\nmeasures to be taken:\n(a) in respect of a certified or notified swimming pool – that are\nmore onerous than those required by the applicable safety\nstandard; or\n(b) in respect of a barrier referred to in section 35 – that are more\nonerous than are, in all the circumstances, practicable and\nreasonable to prevent a child from gaining unsupervised\naccess to the swimming pool.\n(4) A person must comply with an order directed to the person.\nMaximum penalty: 5 penalty units.\n(5) The issuing of an order relating to a contravention of section 30, 31\nor 32 imposes a restriction on dealings with the land comprising the\npremises to which the order relates and enables the Minister to\nlodge with the Registrar-General a memorandum under\nsection 35(1) of the Land Title Act 2000 in respect of the land.\n\nPart 6 Administration\nSwimming Pool Safety Act 2004 22\nPart 6 Administration\n38 Swimming Pool Safety Authority\n(1) The Minister may, by notice in the Gazette, appoint a person to be\nthe Swimming Pool Safety Authority.\n(2) The Minister may, by notice in the Gazette, appoint:\n(a) a person, nominated by the local government council of a local\ngovernment area specified in the notice, to be the Swimming\nPool Safety Authority for that local government area; or\n(b) a person to be the Swimming Pool Safety Authority for an area\nspecified in the notice.\n(3) If a person is appointed under subsection (2) for an area, the\nperson appointed under subsection (1) is not the Swimming Pool\nSafety Authority in respect of the area but may direct a pool safety\nadviser appointed under section 40(1) to exercise the pool safety\nadviser's powers, or perform the pool safety adviser's functions, in\nrelation to the area.\n39 Delegation\n(1) The Minister may, in writing, delegate to a person a power or\nfunction of the Minister under this Act.\n(2) The Authority may, in writing, delegate to a person a power or\nfunction of the Authority under this Act.\n(3) A delegation under subsection (1) or (2) may be limited to the\nexercise of a power, or the performance of a function, in respect of\nan area specified in the delegation.\n40 Pool safety advisers\n(1) A person appointed under section 38(1) to be the Authority may, by\nnotice in the Gazette, appoint a person to be a swimming pool\nsafety adviser.\n(2) A person appointed under section 38(2) to be the Authority in\nrespect of an area may, by notice in the Gazette, appoint a person\nto be a swimming pool safety adviser in respect of the area.\n(3) A swimming pool safety adviser is, in the exercise of his or her\npowers or the performance of his or her functions, subject to the\ndirections of the Authority that appointed him or her.\n\nPart 6 Administration\nSwimming Pool Safety Act 2004 23\n41 Identity cards\n(1) The Minister must issue an identity card in the approved form to the\nAuthority.\n(2) The Authority must issue an identity card in the approved form to\neach swimming pool adviser.\n(3) The Authority must return his or her identity card to the Minister\nwithin 14 days after ceasing to be the Authority.\nMaximum penalty: 1 penalty unit.\n(4) A pool safety adviser must, within 14 days after ceasing to be a\npool safety adviser, return to the Authority the identity card issued\nto him or her by the Authority.\nMaximum penalty: 1 penalty unit.\n42 Authority may obtain information etc.\n(1) The Authority may, by conducting appropriate enquiries, satisfy\nitself about any matter referred to in an application or declaration\nmade under Part 3 or 4.\n(2) Appropriate enquiries may include requiring further information from\nthe applicant and an assessment by a pool safety adviser of the\nswimming pool the subject of the application or declaration.\n43 Powers of entry and inspection\n(1) The Authority or a pool safety adviser may, in administering or\nenforcing this Act, enter premises under the authority of a search\nwarrant issued under section 44.\n(2) The Authority or a pool safety adviser may, in administering or\nenforcing this Act, enter premises otherwise than in accordance\nwith a search warrant issued under section 44 if:\n(a) the Authority or pool safety adviser has a reasonable belief\nthat there is a swimming pool at the premises;\n(b) reasonable steps are taken to give notice to the owner and the\noccupier of the premises that the Authority or pool safety\nadviser intends to enter the premises within 7 days after the\nnotice is given;\n\nPart 6 Administration\nSwimming Pool Safety Act 2004 24\n(c) the entry occurs:\n(i) within 7 days after, but not earlier than 24 hours after,\nthe notice is given under paragraph (b); or\n(ii) at an earlier time agreed by the occupier of the premises\nor, if there is no occupier, the owner of the premises;\n(d) the entry occurs between 8 am and 6 pm or, if the normal\nbusiness hours at the premises are not between 8 am and\n6 pm, during the normal business hours at the premises;\n(e) the entry occurs at a time to which the occupier of the\npremises or, if there is no occupier of the premises, the owner\nof the premises, has agreed, unless the agreement has been\nunreasonably withheld, in which case the agreement is not\nrequired; and\n(f) the Authority or adviser, if the owner or occupier so requests,\ndisplays the identity card issued to him or her.\n(3) The Authority or a pool safety adviser may enter premises (other\nthan a residential building) in accordance with subsection (2),\nalthough subsection (2)(c), (d) and (e) have not been complied with,\nif the entry is urgently required for a reason prescribed by the\nRegulations.\n(4) The Authority or a pool safety adviser may enter a residential\nbuilding only if:\n(a) the occupier of the building agrees or, if there is no occupier of\nthe building, if the owner of the building agrees; or\n(b) the Authority or adviser is acting under the authority of a\nsearch warrant issued under section 44.\n(5) The Authority or a pool safety adviser may, at premises (including a\nresidential building) entered in accordance with this section, do any\nof the following:\n(a) carry out an inspection that he or she considers relevant to the\nadministration or enforcement of this Act;\n(b) take photographs, including video recordings, or make\nsketches or other records of the premises or things at the\npremises;\n(c) inspect and take copies of a document as defined in Part 1 of\nthe Dictionary at the end of the Evidence (National Uniform\nLegislation) Act 2011;\n\nPart 6 Administration\nSwimming Pool Safety Act 2004 25\n(d) request a person at the premises to provide assistance in\ncarrying out an investigation of the premises.\n(6) A person must not (other than by refusing to agree to permit the\nAuthority or a pool safety adviser to enter a residential building):\n(a) obstruct the Authority or pool safety adviser in exercising a\npower of entry or inspection under this Act; or\n(b) refuse to provide assistance to the Authority or pool safety\nadviser in carrying out an investigation of the premises when\nthe person is requested to do so under subsection (5)(d).\nMaximum penalty: 5 penalty units.\n44 Search warrants\n(1) The Authority or a pool safety adviser may apply to a justice of the\npeace, by information on oath, for a search warrant in relation to the\npremises specified in the information if the Authority believes on\nreasonable grounds that an offence against this Act or the\nRegulations is being committed at the premises.\n(2) A justice of the peace may issue a search warrant authorising the\nAuthority and pool safety advisers to enter premises specified in the\ninformation to which the warrant relates, including a residential\nbuilding at the premises, if the justice of the peace is satisfied that\nthere are reasonable grounds to suspect that an offence against\nthis Act or the Regulations is being committed at the premises in\nrelation to a swimming pool.\n(3) A search warrant authorises the Authority and pool safety advisers\naccompanying the Authority:\n(a) to enter premises, including a residential building at the\npremises, and, if necessary, to use reasonable force to do so;\nand\n(b) to do anything referred to in section 43(5) at the premises and\nin the residential building.\n(4) A search warrant must:\n(a) state the purpose for which it is issued;\n(b) state the nature of the alleged offence in respect of which the\nentry is authorised;\n(c) specify the hours during which entry to the premises or a\nresidential building at the premises is authorised; and\n\nPart 7 Review of decisions\nSwimming Pool Safety Act 2004 26\n(d) specify the date on which the warrant ceases to have effect,\nwhich is to be not later than 30 days after the date on which\nthe warrant is issued.\n45 Approved forms\nThe Authority may approve forms to be used under this Act.\n46 Prescribed fees\nThe Minister may, by notice in the Gazette, prescribe fees payable\nunder this Act.\n47 Protection from liability\n(1) This section applies to a person who is or has been:\n(a) the Chief Executive Officer of the Agency administering this\nAct;\n(b) the Authority; or\n(c) a pool safety adviser.\n(2) The person is not civilly or criminally liable for an act done or\nomitted to be done by the person in good faith in the exercise or\npurported exercise of a power, or the performance or purported\nperformance of a function, under this Act.\n(3) Subsection (2) does not affect any liability the Territory would, apart\nfrom that subsection, have for the act or omission.\nPart 7 Review of decisions\n48 Review by NTCAT\n(1) NTCAT has jurisdiction to review a decision (a reviewable\ndecision) specified in Schedule 2.\n(2) An affected person, for a reviewable decision, is a person\nspecified in Schedule 2 for the decision.\n(3) An affected person for a reviewable decision may apply to NTCAT\nfor review of the decision.\nNote for section 48\nThe Northern Territory Civil and Administrative Tribunal Act 2014 sets out the\nprocedure for applying to the Tribunal for review and other relevant matters in\nrelation to reviews.\n\nPart 8 Miscellaneous\nSwimming Pool Safety Act 2004 27\nPart 8 Miscellaneous\n51 Dividing barriers\n(1) Subject to subsection (2), any expenses associated with\nconstructing, altering, repairing, replacing or maintaining a dividing\nbarrier required for compliance with this Act or the Regulations are\nto be borne by the owner of the premises at which the swimming\npool is (or is to be) situated.\n(2) If there are adjoining premises at each of which there is (or is to be)\na swimming pool:\n(a) the location or proposed location of a dividing barrier is to be\nas agreed between the owners of the premises, subject to the\nrequirements of this Act; and\n(b) the expenses associated with constructing, altering, repairing,\nreplacing or maintaining a dividing barrier between the\npremises are to be borne by both owners of the premises in\nequal proportions or as otherwise agreed between them.\n52 Notices\n(1) Subject to any express provision, the Authority must, within 14 days\nafter making a decision under this Act, give written notice to the\nowner of the premises to which the decision relates of the making\nof the decision and of the reasons for the decision.\n(2) A notice permitted or required to be given by or under this Act to an\nowner or occupier of premises may be given:\n(a) personally;\n(b) by letter addressed to the owner or occupier and sent by post\nto the premises;\n(c) by a letter addressed to the owner or occupier and left at the\npremises with a person who appears to be of or above the age\nof 16 years and to reside or be employed at the premises; or\n(d) by a letter addressed to the owner or occupier and fixed to a\nconspicuous part of the premises.\n\nPart 8 Miscellaneous\nSwimming Pool Safety Act 2004 28\n53 Defence if swimming pool not able to be used\nIt is a defence to a charge of committing an offence against this Act\nin relation to a swimming pool if the defendant establishes that, at\nthe time of the alleged offence, the swimming pool:\n(a) was not intended for use or was incapable of use as a\nswimming pool because it was dismantled or in the course of\nalteration, renovation or removal; and\n(b) was empty or filled with water to a depth less than\n300 millimetres at the deepest point of the swimming pool.\n54 Continuing offences\n(1) If, on finding a person guilty of an offence against this Act, a court is\nsatisfied that the person continued to commit the offence after the\ndate on which the person was notified of the alleged offence, the\ncourt may, in addition to the penalty (if any) specified for the\noffence, impose a further penalty.\n(2) Any further penalty imposed by the court is for each day during\nwhich the offence continued to be committed after the date on\nwhich the person was notified of the alleged offence.\n(3) A further penalty must not exceed one penalty unit for each day on\nwhich the offence continued.\n55 General provisions relating to declarations\n(1) A person permitted or required by this Act to make a declaration of\ncompliance, declaration of proposed compliance or purchaser's\ndeclaration may appoint any of the following persons to make the\ndeclaration on his or her behalf:\n(a) a legal practitioner;\n(b) a real estate agent, business agent or conveyancing agent\nwithin the meaning of the Agents Licensing Act 1979.\n(2) A person must not make a false statement in a declaration.\nMaximum penalty: 20 penalty units or imprisonment for\n12 months.\n\nPart 8 Miscellaneous\nSwimming Pool Safety Act 2004 29\n56 Regulations\n(1) The Administrator may make regulations, not inconsistent with this\nAct, prescribing matters that are:\n(a) required or permitted by this Act to be prescribed; or\n(b) necessary or convenient to be prescribed for carrying out or\ngiving effect to this Act.\n(2) The Regulations may provide for any of the following:\n(a) matters in connection with applications for interim compliance\ncertificates, provisional compliance certificates or compliance\ncertificates and applications for variations of any of those\ncertificates;\n(b) matters in connection with declarations of compliance,\ndeclarations of proposed compliance, acknowledgment\nnotices, provisional acknowledgment notices and temporary\nacknowledgment notices;\n(c) the variation or revocation of interim compliance certificates,\nprovisional compliance certificates and compliance\ncertificates;\n(d) extensions of time for the upgrade of existing swimming pools\nin accordance with a provisional compliance certificate or\nprovisional acknowledgment notice;\n(e) the waiver or refund (in whole or in part) of prescribed fees by\nthe Authority;\n(f) the circumstances and the manner in which the Authority may\nexercise a discretion in relation to a matter referred to in\nparagraphs (a) to (e);\n(g) restrictions on the use of land surrounding or adjoining a\nswimming pool barrier, so as to ensure the effective restriction\nof access by children to the swimming pool;\n(h) the payment of a prescribed amount instead of a penalty that\nmay otherwise be imposed for an offence against this Act or\nthe Regulations, the service of a notice relating to the payment\nof the amount on a person alleged to have committed the\noffence, and the particulars to be included in the notice;\n(i) penalties for offences against the Regulations not exceeding\n5 penalty units for a natural person and 50 penalty units for a\nbody corporate.\n\nPart 8 Miscellaneous\nSwimming Pool Safety Act 2004 30\n(3) The Regulations may apply, adopt or incorporate (either wholly or in\npart or with or without modification) a standard, code or rule as in\nforce for the time being.\n(4) The Regulations may contain provisions of a savings or transitional\nnature consequent on the enactment of this Act.\n(5) The Regulations may provide that a savings or transitional provision\ntakes effect from a date that is earlier than the date of its publication\nor notification in the Gazette but, if they do so, the provision does\nnot operate so as:\n(a) to affect, in a manner prejudicial to any person (other than the\nTerritory), the rights of that person existing before the date of\nits publication or notification; or\n(b) to impose liabilities on a person (other than the Territory) in\nrespect of anything done or omitted to be done before the date\nof its publication or notification.\n57 Repeal\nThe Swimming Pool Fencing Act 2002 (No. 66 of 2002) and the\nSwimming Pool Fencing Amendment Act 2003 (No. 53 of 2003) are\nrepealed.\n58 Transitional provisions\nThe provisions set out in the Schedule apply.\n\nSchedule 1 Transitional provisions\nSwimming Pool Safety Act 2004 31\nSchedule 1 Transitional provisions\nsection 58\nPart 1 Transitional matters for Swimming Pool Safety Act 2004\n1 Definitions\nIn this Part:\ncertificate of registration means a certificate of registration in\nforce under the repealed Act immediately before the\ncommencement day.\ncommencement day means the day on which this Act comes into\noperation.\nformer compliance certificate means a compliance certificate in\nforce under the repealed Act immediately before the\ncommencement day.\nformer order means an order issued under section 33 of the\nrepealed Act.\nregistered swimming pool means a swimming pool in respect of\nwhich a certificate of registration is in force immediately before the\ncommencement day.\nrepealed Act means the Swimming Pool Fencing Act 2002 as in\nforce immediately before the commencement day.\n2 Registered swimming pools that are certified swimming pools\n(1) A registered swimming pool stated in the certificate of registration to\nbe registered as being enclosed in accordance with the appropriate\nAustralian Standard in accordance with section 13 or 17 of the\nrepealed Act is taken to be a certified swimming pool that complies\nwith the modified Australian Standard.\n(2) A registered swimming pool stated in the certificate of registration to\nbe registered as being enclosed with a non-standard enclosure\nunder section 19 of the repealed Act in accordance with section 14\nor 18 of that Act is taken to be a certified swimming pool that\ncomplies with the non-standard safety provision.\n(3) A former compliance certificate in relation to premises at which\nthere is a registered swimming pool referred to in subclause (1)\nor (2) is revoked on the commencement day.\n\nSchedule 1 Transitional provisions\nSwimming Pool Safety Act 2004 32\n(4) A certificate of registration in respect of a registered swimming pool\nreferred to in subclause (1) or (2) is taken to be a compliance\ncertificate in respect of that swimming pool.\n(5) The Authority may, on application by the holder of a certificate of\nregistration or on its own initiative, issue a compliance certificate in\nsubstitution for a certificate of registration referred to in\nsubclause (1) or (2).\n3 Registered swimming pools that are not certified swimming\npools\n(1) The following registered swimming pools are not taken to be\ncertified swimming pools:\n(a) a swimming pool that is stated in the certificate of registration\nto be registered as satisfying the requirements of a clause in\nSchedule 2 of the repealed Act in accordance with section 12\nof that Act;\n(b) a swimming pool that is stated in the certificate of registration\nto be registered as being authorised under section 15 of the\nrepealed Act.\n(2) The certificate of registration for a swimming pool referred to in\nsubclause (1) is revoked on the commencement day.\n(3) Subject to clause 4, the former compliance certificate in relation to a\nswimming pool referred to in subclause (1) is revoked on the\ncommencement day.\n4 Contracts of sale not completed\n(1) The Registrar-General may transfer the fee simple interest in small\npremises at which there is a swimming pool if:\n(a) there is a former compliance certificate in relation to those\npremises; and\n(b) the contract of sale in relation to those premises was entered\ninto before the commencement date.\n(2) On the transfer of the fee simple interest, the former compliance\ncertificate in relation to the premises is revoked.\n\nSchedule 1 Transitional provisions\nSwimming Pool Safety Act 2004 33\n5 Applications not fully dealt with\n(1) If on the commencement day any application to the Authority has\nnot been decided, the Authority must continue to deal with the\napplication in the manner the Authority considers to be appropriate\nand reasonable in the circumstances.\n(2) In dealing with an application referred to in subclause (1), the\nAuthority may do any of the following:\n(a) return the application to the applicant if it is no longer required\nunder this Act;\n(b) require the applicant to make a further application in\naccordance with this Act or the Regulations;\n(c) deal with the application as if made under this Act;\n(d) return any fee paid by the applicant in connection with the\napplication;\n(e) advise the applicant of the applicant's obligations or options\nunder this Act;\n(f) require the applicant to provide the Authority with further\ninformation;\n(g) direct a pool safety adviser to give advice to the applicant.\n6 Former orders not fully complied with\n(1) A person issued with a former order is not required to comply with\nthe order.\n(2) As soon as practicable after the commencement day, a pool safety\nadviser must assess the swimming pool to which the former order\nrelates and the Authority must, after considering the assessment,\ntake the actions the Authority considers appropriate and reasonable\nin the circumstances.\n(3) Actions that may be taken by the Authority include either or both of\nthe following:\n(a) advising the person to whom the former order was issued of\nthe person's obligations and options under this Act;\n(b) issuing an order under section 37.\n\nSchedule 1 Transitional provisions\nSwimming Pool Safety Act 2004 34\n7 Appointments under repealed Act to continue\n(1) A person who immediately before the commencement day was\nappointed as the Swimming Pool Fencing Authority under\nsection 41(1) or (2) of the repealed Act is taken to be a person\nappointed as the Swimming Pool Safety Authority under\nsection 38(1) or (2) respectively.\n(2) A person who immediately before the commencement day was\nappointed as an inspector under section 43(1) or (2) of the repealed\nAct is taken to be a person appointed as a swimming pool safety\nadviser under section 40(1) or (2) respectively.\n(3) A person who immediately before the commencement day was\nappointed as a member of the Review Committee established by\nthe repealed Act is taken to be a person appointed as a member of\nthe Review Committee established by this Act.\nPart 2 Transitional matters for Lands, Planning and Environment\nLegislation Amendment Act 2025\n8 Decisions reviewable by Review Committee\n(1) For section 48, as inserted by section 50 of the amending Act, a\nreviewable decision includes a decision that, immediately before\nthe commencement, was subject to review by the Review\nCommittee under Part 7 as in force before the commencement, but\nfor which a review had not been applied for or determined before\nthe commencement.\n(2) In this clause:\namending Act means the Lands, Planning and Environment\nLegislation Amendment Act 2025.\ncommencement means the commencement of section 50 of the\namending Act.\n\nSchedule 2 Reviewable decisions\nSwimming Pool Safety Act 2004 35\nSchedule 2 Reviewable decisions\nsection 48\nItem Reviewable decision Affected person\n1 A decision of the Authority under\nsection 18(1) not to issue an interim\ncompliance certificate\nThe applicant\n2 A decision of the Authority under\nsection 18(4)(b) to refuse to issue a\ncompliance certificate\nThe applicant\n3 A decision of the Authority under\nsection 19(1) to vary an interim\ncompliance certificate or compliance\ncertificate\nThe holder of the certificate\n4 A decision of the Authority under\nsection 19(1) not to vary an interim\ncompliance certificate or compliance\ncertificate\nThe holder of the certificate\n5 A decision of the Authority under\nsection 19(3) to revoke a compliance\ncertificate\nThe holder of the certificate\n6 A decision of the Authority under\nsection 21(1) not to issue an\nacknowledgment notice\nThe applicant\n7 A decision of the Authority under\nsection 26(4) not to issue a provisional\ncompliance notice\nThe applicant\n8 A decision of the Authority under\nsection 27(4) not to issue a provisional\nacknowledgment notice\nThe applicant\n9 A decision of the Authority under\nsection 28(4) not to issue a temporary\nacknowledgment notice\nThe applicant\n10 A decision of the Authority under\nsection 37(1) to issue an order\nThe person to whom the\norder is directed\n\nENDNOTES\nSwimming Pool Safety Act 2004 36\nENDNOTES\n1 KEY Key to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nSwimming Pool Safety Act 2004 (Act No. 13, 2004)\nAssent date 9 March 2004\nCommenced 15 March 2004 (Gaz S6, 15 March 2004)\nStatute Law Revision Act 2007 (Act No. 4, 2007)\nAssent date 8 March 2007\nCommenced 8 March 2007\nLocal Government (Consequential Amendments) Act 2008 (Act No. 28, 2008)\nAssent date 14 November 2008\nCommenced 1 July 2008 (s 2)\nUnit Title Schemes Act 2009 (Act No. 14, 2009)\nAssent date 26 May 2009\nCommenced pt 2.3, div 3, sdv 4 and s 135 (to ext ins s 54C):\n1 January 2010; s 111: 1 July 2010; rem: 1 July 2009 (s 2,\nGaz S30, 26 June 2009, p 1, s 2 Land Title and Related\nLegislation Amendment Act 2008 (Act No. 3, 2008) and Gaz\nS30, 26 June 2009, p 1)\nEvidence (National Uniform Legislation) (Consequential Amendments) Act 2012 (Act\nNo. 23, 2012)\nAssent date 21 November 2012\nCommenced 1 January 2013 (Gaz G51, 19 December 2012, p 4)\nPenalties Amendment (Miscellaneous) Act 2013 (Act No. 23, 2013)\nAssent date 12 July 2013\nCommenced 28 August 2013 (Gaz G35, 28 August 2013, p 2)\nLocal Government Amendment Act 2014 (Act No. 19, 2014)\nAssent date 2 June 2014\nCommenced s 16: 1 July 2014; s 18: 1 December 2014; rem: 2 June 2014\n(s 2)\n\nENDNOTES\nSwimming Pool Safety Act 2004 37\nLocal Court (Related Amendments) Act 2016 (Act No. 8, 2016)\nAssent date 6 April 2016\nCommenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related\nAmendments) Act 2016 (Act No. 9, 2016) and Gaz S34,\n29 April 2016)\nJabiru Town Development Repeal Act 2021 (Act No. 29, 2021)\nAssent date 15 December2021\nCommenced 16 December2021 (s 2)\nStatute Law Revision Act 2023 (Act No. 4, 2023)\nAssent date 2 March 2023\nCommenced 3 March 2023\nLands, Planning and Environment Legislation Amendment Act 2025 (Act No. 25, 2025)\nAssent date 12 September 2025\nCommenced pt 6: nc; rem: 13 September 2025 (s 2(1))\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss . 1, 4, 22, 24, 28, 29, 37, 43\nand 55 and sch.\n4 LIST OF AMENDMENTS\ns 3 amd No. 19, 2014, s 26; No. 29, 2021, s 10\ns 4 amd No. 28, 2008, s 3; No. 19, 2014, s 26; No. 25, 2025, s 49\ns 14 amd No. 23, 2013, s 12; No. 25, 2025, s 53\nss 15 – 16 amd No. 23, 2013, s 12\ns 17 amd No. 25, 2025, s 53\ns 20 amd No. 25, 2025, s 53\ns 22 amd No. 14, 2009, s 161\ns 23 amd No. 14, 2009, s 162; No. 23, 2013, s 12\nss 26 – 27 amd No. 23, 2013, s 12; No. 25, 2025, s 53\ns 28 amd No. 4, 2007, s 6; No. 4, 2023, s 23\nss 29 – 35 amd No. 23, 2013, s 12\ns 36 amd No. 19, 2014, s 26\ns 37 amd No. 23, 2013, s 12\ns 38 amd No. 19, 2014, s 26\ns 41 amd No. 23, 2013, s 12\ns 43 amd No. 23, 2012, s 32; No. 23, 2013, s 12\ns 44 amd No. 8, 2016, s 45\npt 7 hdg sub No. 25, 2025, s 50\ns 48 sub No. 25, 2025, s 50\nss 49 – 50 rep No. 25, 2025, s 50\ns 55 amd No. 23, 2013, s 12\ns 59 exp No. 13, 2004, s 59(3)\nsch amd No. 25, 2025, s 51\nsch 2 ins No. 25, 2025, s 52","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"},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The Act remains focused on setting and enforcing safety standards for private swimming pools and linking compliance to property transactions and occupancy. Amendments recorded up to 2025 are primarily procedural and administrative (for example refining certificate processes, adding or clarifying review rights to NTCAT, updating definitions and delegation provisions — see Schedule 1 Part 2 and s 48 as amended). Those changes increase regulatory detail and administrative routes for review but do not materially expand the core substantive scope (i.e. the objects remain pool barrier standards, certification, enforcement and tied property/tenancy conditions)."},"complexity_factors":["Comprehensive interpretation section (s 4) with ~30 defined terms and multiple cross‑definitional rules (e.g. adjoining premises, small/large premises, certified/notified).","Three parallel safety standards with layered tests and multiple preconditions (modified Australian Standard s 10; Community Safety Standard s 11; non‑standard provision s 12).","Multiple certificate and notice types (interim compliance, compliance, provisional compliance, acknowledgment, provisional and temporary acknowledgment) across Parts 3–4 with distinct application and timing rules (ss 14–21, 26–28).","Extensive cross‑references to the Regulations for technical standards, timeframes and fees (numerous provisions defer detail to Regulations; s 56).","Conditional transfer/registration block on land dealings with statutory reliance on declarations and Registrar‑General discretion (s 24).","Discretionary administrative powers vested in the Authority (issue/variation/revocation of certificates, non‑standard approvals, orders) with associated appeal rights to NTCAT (ss 18–19, 12, 37, 48 and Schedule 2).","Detailed entry and inspection regime with both warrant and non‑warrant processes and timing/notice conditions (ss 43–44).","Transitional provisions and multiple historical amendments (Schedule 1 plus multiple amending Acts up to 2025) increase interpretive complexity when applying to existing certified pools."],"plain_english_summary":"**What this law does, in plain English**\n\n- Establishes mandatory safety requirements and an administrative system for certain private swimming pools in the Northern Territory. (See Parts 2–5.)\n- Distinguishes between small premises (less than 1.8 hectares) and large premises (1.8 hectares or more) and applies different obligations depending on that classification (see definitions in s 4 and ss 8–9).\n- Sets out three routes by which a pool can be treated as meeting the Act:\n  - The modified Australian Standard (a technical fencing/barrier standard described in s 10);\n  - The Community Safety Standard (a risk-based standard aimed at preventing unsupervised child access, s 11);\n  - A non-standard safety provision where compliance with the two above is impracticable or unreasonable and the Authority is satisfied the pool does not pose an unacceptable risk (s 12).\n- Requires owners to obtain and keep relevant certificates or acknowledgment notices for pools in many situations (interim compliance certificates, compliance certificates, acknowledgment notices and provisional/temporary variants). These are issued and managed by the Swimming Pool Safety Authority (see Part 3—ss 14–21, 26–28, 18–19).\n- Links property dealings and tenancies to pool compliance: the Registrar‑General will not register transfer of small premises with a pool unless appropriate certification/acknowledgment is in place (s 24). Landlords may not lease small premises with a pool unless certified or notified (s 29).\n- Imposes active duties on owners and occupiers: keep barriers and gates securely closed, notify owners of repairs needed, keep the pool and barrier in the same condition as certified/notified, and—where a pool is uncertified but adjoins a public place—provide a barrier preventing child access (ss 30–35).\n- Gives the Authority enforcement powers: issue orders requiring remedial work (s 37), inspect properties (ss 42–43), obtain search warrants (s 44), and vary or revoke certificates (s 19). Penalties apply for breaches and for continuing offences (ss 33, 37, 54).\n- Establishes an administrative structure: appointment and delegation powers for a Swimming Pool Safety Authority and pool safety advisers, identity cards, fee-setting powers and a power for the Minister to authorise financial assistance schemes to help owners upgrade (ss 38–41, 46, 13).\n- Provides review rights to the Northern Territory Civil and Administrative Tribunal (NTCAT) for specified decisions of the Authority (s 48 and Schedule 2).\n\n**Who is affected**\n\n- Owners of premises with swimming pools (especially owners of small premises — <1.8 ha). They carry primary obligations to certify, maintain, and repair pool barriers, and to ensure pools do not present a danger to children (ss 14–16, 30–35).\n- Purchasers of small premises with a pool: sales and transfers are conditional on certification/acknowledgment; purchasers can apply for provisional certificates or lodge declarations of proposed compliance to permit transfers while upgrades are made (ss 24–28).\n- Landlords: prohibited from leasing small premises with pools unless the pool is certified or notified (s 29).\n- Contractors and pool builders: subject to obligations under interim compliance certificates during construction (ss 14–16).\n- Pool safety advisers and the Authority: responsibility and discretion to assess pools and issue certificates, and to enforce compliance (Parts 3 and 6).\n- Local government councils: the Act generally excludes pools on Crown, statutory corporation or council land unless used solely as residential buildings (s 3), and limits councils’ obligation and liability where their infrastructure forms part of a swimming pool barrier (s 36).\n\n**Why it matters (mechanics and practical effects)**\n\n- The Act converts safety standards into legal conditions for property transactions and occupations: failure to certify can block transfers or leases (s 24, s 29). That creates a strong transactional incentive to comply before sale or letting.\n- Owners face direct costs to upgrade barriers to the stated standards (ss 10–12). The Act allows the Minister to authorise financial assistance to offset upgrade costs (s 13), but otherwise the owner typically bears expenses (s 51).\n- Administrative burden: owners, purchasers and contractors must complete forms, lodge applications or declarations, pay prescribed fees, and potentially host assessments by pool safety advisers (Parts 3–4, ss 17–21, 26–28; s 46). Noncompliance risks fines and remedial orders (ss 37, 54).\n- Discretion and procedural risk: the Authority has discretion to accept non-standard provisions and to require measures before issuing a compliance certificate (ss 12, 18(4)). That discretion concentrates decision-making with an administrative body, creating reliance on its guidance and potentially variable outcomes depending on interpretations and Regulations.\n- Enforcement mechanics: the Authority can inspect, require remedial work and obtain search warrants (ss 43–44). Those powers speed up enforcement but impose compliance costs (and privacy/entry considerations) on owners.\n- Effects on private markets: the certificate/acknowledgment regime may affect the timing and price of property sales, and could increase transaction costs for conveyancers and agents (s 24, s 25). Pool builders and safety advisers see increased demand for compliance-related services (ss 14–16, 40).\n\n**Official purpose-claims and a pragmatic test against trade-offs**\n\n- The statute’s stated purpose is “to establish safety standards for certain swimming pools and encourage compliance with those standards” (long title). Mechanically it does that by making safety certification a legal condition for sales, leases and use, and by creating inspection and enforcement powers (see Parts 2–5 and Part 6).\n\n- Costs and incentives: who pays? Owners pay upgrade and maintenance costs (ss 10–12, 51). Purchasers may incur upgrade obligations if they take a provisional certificate (ss 26–27). The Act offers financial assistance only if the Minister authorises a scheme (s 13)—not an entitlement—so cost-shifting to government is discretionary.\n\n- Compliance burden and implementation risk: obligations to apply for various certificates, to host inspections and to satisfy an Authority’s discretionary judgements create administrative compliance costs and potential delay in property transactions (Parts 3–4). The Regulations (s 56) will contain detailed procedures and technical standards, so operational clarity depends on regulatory instruments and the Authority’s published guidance (s 10(2)).\n\n- Concentrated benefits and diffuse costs: businesses providing pool safety assessments, installations and repairs gain predictable demand. Costs are concentrated on owners of pools, while the social safety benefit (reduced risk of child access) is diffuse; the law thus creates private compliance costs to achieve a public safety objective.\n\n- Risk of variable outcomes and capture: the non-standard route (s 12) and the Authority’s power to require remedial measures before certification (s 18(4)) create discretionary thresholds. This can produce case-by-case variability in outcomes and raises implementation risks if guidance is limited. The Act requires the Authority to make diagrams and standards available to the public (s 10(2)), which mitigates uncertainty to some degree.\n\n- Other notable mechanics: local councils are largely insulated from liability when a council-maintained structure forms part of a barrier (s 36), which shifts responsibility onto private owners; continuing offence provisions allow daily penalties for prolongued noncompliance (s 54); and NTCAT review rights are available for specified Authority decisions (s 48 and Schedule 2).\n\n**Key sections to read for practical compliance**\n\n- Definitions and scope: s 4, ss 5–7\n- Core standards: ss 10–12\n- Certificates and notices: ss 14–21, 26–28\n- Sale/transfer restrictions: s 24\n- Owner/occupier duties and enforcement: ss 30–37, 37–44\n- Regulations and delegated detail: s 56\n\nOverall, the Act creates a statutory compliance and certification regime tying technical pool safety standards to property deals, occupancy and enforcement powers. The costs fall mainly on private owners and purchasers, while procedural clarity depends heavily on the Regulations and the Authority’s published guidance (see ss 10(2), 18(3), 56)."},"issue_detection":{"absurdities":[{"type":"impossible_compliance","section":"Sections 27(1), 27(5)(b) and 20","severity":"high","reasoning":"Section 27(1) includes any uncertified or unnotified pool at small premises. Section 27(5)(b) requires a declaration under section 20. Section 20(1) covers only existing pools at small premises, while section 20(2) covers pools at large premises. No section 20 declaration exists for a new pool at small premises.","confidence":0.99,"description":"A purchaser using section 27 for a new swimming pool at small premises must later lodge a declaration that section 20 does not permit.","source_quotes":["A purchaser of small premises may lodge with the Authority a declaration of proposed compliance if:","lodge a declaration of compliance under section 20 within 7 days after completion of the upgrade.","The owner of small premises at which there is an existing swimming pool may lodge with the Authority a declaration of compliance if the swimming pool complies with the Community Safety Standard."]},{"type":"other","section":"Schedule 2 item 7; sections 26(4) and 48","severity":"medium","reasoning":"Section 48 limits reviewable decisions to Schedule 2. Item 7 identifies a decision under section 26(4) not to issue a “provisional compliance notice”. Section 26(4), consistently with the defined term, instead requires issue of a provisional compliance certificate. The decision named in item 7 is not created by section 26(4).","confidence":0.99,"description":"Schedule 2 item 7 provides review for non-issue of a “provisional compliance notice”, but section 26(4) concerns a provisional compliance certificate.","source_quotes":["NTCAT has jurisdiction to review a decision (a reviewable decision) specified in Schedule 2.","The Authority must, in accordance with the Regulations, issue to the purchaser a provisional compliance certificate if the Authority is satisfied about all the information contained in the purchaser's application.","A decision of the Authority under section 26(4) not to issue a provisional compliance notice"]}],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond simple pool fencing. Originally focused on physical barriers, it now encompasses: (1) a complex property transaction regime blocking sales and leases of non-compliant properties; (2) a multi-tiered administrative system with five different types of certificates/notices; (3) detailed inspection and enforcement powers including search warrants; (4) specific provisions for unit titles and common property; (5) financial assistance schemes; and (6) transitional arrangements preserving rights under repealed legislation. The 2025 amendments (Lands, Planning and Environment Legislation Amendment Act) replaced the internal Review Committee with NTCAT jurisdiction, indicating continued expansion into administrative law procedures."},"complexity_factors":["Multiple overlapping safety standards (Modified Australian Standard, Community Safety Standard, Non-standard safety provision) with different triggers and requirements","Distinction between 'small premises' (<1.8 hectares) and 'large premises' (≥1.8 hectares) creating parallel regulatory tracks","Complex certification lifecycle: interim compliance certificates → compliance certificates → acknowledgment notices → provisional certificates → temporary acknowledgment notices","21 defined terms in section 4, including nested definitions (e.g., 'residential building' defined in section 5, then modified in section 12)","Multiple exceptions and preconditions for non-standard safety provision (section 12) including specific area thresholds, waterfront frontage, and spa pool configurations","Conditional application to Crown land and statutory corporations (section 3) with carve-out for residential use","Interaction with property law: restrictions on land transfer under Land Title Act 2000, memoranda lodging, and specific provisions for deceased estates, family transfers, and housing schemes","Division of obligations between owners, occupiers, contractors, and purchasers depending on context","Detailed procedural requirements for entry, inspection, and warrants (sections 43-44) with time windows, notice periods, and exceptions for urgency","Transitional provisions converting old registration certificates to new compliance certificates with conditional revocation rules"],"plain_english_summary":"**What this law does:**\n\nThis is the Northern Territory's law to stop young children from drowning in backyard swimming pools. It sets rules for fencing and barriers around pools, creates a system of certificates to prove pools are safe, and imposes penalties on owners who don't comply.\n\n**Who it affects:**\n\n*   **Pool owners** of residential properties under 1.8 hectares (called \"small premises\") — this is the main target of the law.\n*   **Pool owners** of larger properties (over 1.8 hectares) — they have lighter rules.\n*   **Buyers and sellers** of homes with pools — you can't sell a house with a pool unless it's certified as safe or the buyer agrees to fix it.\n*   **Landlords and tenants** — you can't rent out a house with a pool unless it's certified safe.\n*   **Contractors** building new pools — they must notify authorities and build to approved plans.\n\n**Key rules:**\n\n*   **New pools** at small properties **must** be certified as meeting safety standards before they can be filled with water.\n*   **Existing pools** at small properties don't need certification **until** the house is sold or leased.\n*   **Three safety standards** exist:\n    1.  **Modified Australian Standard** — strict technical rules for fences and barriers.\n    2.  **Community Safety Standard** — a flexible \"practical and reasonable\" test to stop kids getting in unsupervised.\n    3.  **Non-standard safety provision** — for unusual cases where normal rules are impossible (e.g., very small blocks, waterfront properties, spa pools with lockable lids).\n*   **Gates and doors** must be kept closed when not in use.\n*   **The Swimming Pool Safety Authority** (and their advisers) can inspect properties, issue compliance certificates, and hand out fines.\n\n**Why it matters:**\n\nDrowning is a leading cause of death for children under five. This law creates a legal duty for pool owners to secure their pools, gives government inspectors power to check compliance, and blocks property sales and rentals until pools are made safe. It balances strict safety requirements with practical exceptions for difficult sites."}},"importantCases":[],"_links":{"self":"/api/acts/swimming-pool-safety-act-2004","history":"/api/acts/swimming-pool-safety-act-2004/history","analysis":"/api/acts/swimming-pool-safety-act-2004/analysis","conflicts":"/api/acts/swimming-pool-safety-act-2004/conflicts","importantCases":"/api/acts/swimming-pool-safety-act-2004/important-cases","documents":"/api/acts/swimming-pool-safety-act-2004/documents"}}