{"id":"swimming-pool-safety-regulations-2004","name":"SWIMMING POOL SAFETY REGULATIONS 2004","slug":"swimming-pool-safety-regulations-2004","collection":"regulation","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":177162,"registerId":"nt-swimming-pool-safety-regulations-2004-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"SWIMMING POOL SAFETY REGULATIONS 2004","content":"NORTHERN TERRITORY OF AUSTRALIA\nSWIMMING POOL SAFETY REGULATIONS 2004\nAs in force at 13 September2025\nTable of provisions\nPart 1 Preliminary\n1 Citation ............................................................................................ 1\n2 Commencement .............................................................................. 1\n3 Definitions ........................................................................................ 1\n4 Exemption of certain swimming pools ............................................. 2\nPart 2 Safety standards\n5 Safety standards for modified Australian Standard.......................... 2\n6 Guidelines for assessment of Community Safety Standard ............. 3\n7 Dividing barrier notice ...................................................................... 3\nPart 3 Certification and acknowledgment of\nswimming pools\nDivision 1 Applications relating to certificates\n8 Applications for interim compliance certificates ............................... 4\n9 Applications for compliance certificates after construction of\nnew swimming pools ....................................................................... 4\n10 Applications for compliance certificates generally ........................... 5\n11 Applications for provisional compliance certificates ......................... 5\n12 Applications for variation or revocation of certificates ...................... 6\nDivision 2 Particulars, variation and revocation of\ncertificates\n13 Particulars of certificates ................................................................. 6\n14 Variation of certificates .................................................................... 8\n15 Revocation of certificates ................................................................ 8\nDivision 3 Declarations, applications and\nacknowledgments relating to existing\nswimming pools\n16 Declarations of compliance.............................................................. 9\n17 Declarations of proposed compliance............................................ 10\n18 Applications for temporary acknowledgment notices ..................... 11\n19 Acknowledgment of swimming pools ............................................. 11\n\nSwimming Pool Safety Regulations 2004 ii\nPart 4 Miscellaneous\n20 Extension of time for upgrading swimming pool following\npurchase ........................................................................................ 12\nSchedule 2 Community Safety Standard Guidelines\nENDNOTES\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 13 September 2025\n____________________\nSWIMMING POOL SAFETY REGULATIONS 2004\nRegulations under the Swimming Pool Safety Act 2004\nPart 1 Preliminary\n1 Citation\nThese Regulations may be cited as the Swimming Pool Safety\nRegulations 2004.\n2 Commencement\nThese Regulations come into operation on the commencement of\nthe Swimming Pool Safety Act 2004.\n3 Definitions\nIn these Regulations:\nadjoining premises, in relation to a dividing barrier, means the\npremises separated by the dividing barrier from the premises at\nwhich a swimming pool is to be constructed or is situated.\nAustralian Standards means Australian Standard\nAS 1926.1-1993 \"Swimming pool safety Part 1: Fencing for\nswimming pools\" and Australian Standard AS 1926.2–1995\n\"Swimming pool safety Part 2: Location of fencing for private\nswimming pools\".\ncertificate means an interim compliance certificate, compliance\ncertificate or provisional compliance certificate.\ndividing barrier notice means the notice referred to in\nregulation 7.\nGuidelines means the Community Safety Standard Guidelines\nreferred to in regulation 6.\n\nPart 2 Safety standards\nSwimming Pool Safety Regulations 2004 2\n4 Exemption of certain swimming pools\nFor section 6(2)(d) of the Act, a structure having the characteristics\ndescribed in section 6(1) of the Act is exempt from the application\nof the Act if the structure is situated at any of the following\npremises:\n(a) premises at which there is 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) premises at which there is a house in which the owner of the\npremises does not normally reside and at which\naccommodation is provided for a fee, or under a short term\nlease, for holiday accommodation;\n(d) premises at which there is a complex of buildings that are\nprincipally used for non-residential purposes.\nPart 2 Safety standards\n5 Safety standards for modified Australian Standard\n(1) The standards referred to in section 10(1)(a)(iii) of the Act are the\nAustralian Standards as modified by this regulation.\n(2) The Australian Standards are modified by omitting Clause 2.3.2 of\nAS 1926.1–1993 and substituting the following:\n\"2.3.2 Chainmesh A fence that uses chainmesh with apertures\nnot greater than 13 mm must include a strainer wire or a rail at the\ntop and the bottom of the fence and must have an effective fencing\nheight of not less than 1.2 m.\nA fence that uses chainmesh with apertures greater than 13 mm\nbut less than 100 mm must include a strainer wire or a rail at the\ntop and the bottom of the fence and must have an effective fencing\nheight of not less than 1.7 m.\".\n(3) A provision of the Australian Standards that refers to a\nmeasurement on the outside of a swimming pool barrier is modified,\nwhen applied to a dividing barrier, so that it refers to a\nmeasurement on the inside of the dividing barrier.\n\nPart 2 Safety standards\nSwimming Pool Safety Regulations 2004 3\n(4) The Australian Standards are modified to the extent necessary to\nprovide that no action is required to be taken on adjoining premises\nby any person to ensure a dividing barrier complies with the\nmodified Australian Standard.\n(5) If there is an inconsistency between the Australian Standards and\nthe Act or these Regulations, the Australian Standards are modified\nto the extent necessary to achieve consistency.\n(6) In subregulation (3):\ninside means the side facing the pool area.\n6 Guidelines for assessment of Community Safety Standard\nThe guidelines referred to in section 11(3) of the Act are the\nCommunity Safety Standard Guidelines specified in Schedule 2.\n7 Dividing barrier notice\n(2) A dividing barrier notice under section 10(1)(b), 11(1)(b)\nor 12(1)(b)(iii) of the Act must include the following information:\n(a) the name and address of the owner of the premises on which\nthe swimming pool is to be constructed or is situated;\n(b) the address of the premises at which the swimming pool is to\nbe constructed or is situated;\n(c) there is to be a swimming pool constructed at those premises\nor there is a swimming pool situated at those premises;\n(d) the owner of those premises intends to apply to the Authority\nfor a an interim compliance certificate, compliance certificate\nor acknowledgment notice (as applicable) in respect of the\nswimming pool;\n(e) the dividing barrier will be used or is being used as a\nswimming pool barrier for the swimming pool;\n(f) there may be a risk to a child if an object is placed against or\nclose to the dividing barrier on the adjoining premises that\nmight assist a child to climb over the barrier;\n(g) if the owner is not the occupier of the adjoining premises, the\nowner should notify the occupier about the information in the\ndividing barrier notice;\n\nPart 3 Certification and acknowledgment of swimming pools\nDivision 1 Applications relating to certificates\nSwimming Pool Safety Regulations 2004 4\n(h) the owner or occupier of the adjoining premises may request\nthe advice of a pool safety adviser in relation to the dividing\nbarrier notice.\n(3) The dividing barrier notice must be given to the owner of the\nadjoining premises in accordance with section 52(2) of the Act.\nPart 3 Certification and acknowledgment of\nswimming pools\nDivision 1 Applications relating to certificates\n8 Applications for interim compliance certificates\nAn application for an interim compliance certificate must contain the\nfollowing information:\n(a) the name and address of the owner of the small premises at\nwhich the swimming pool is to be constructed;\n(b) the address of the premises at which the swimming pool is to\nbe constructed;\n(c) whether the swimming pool will comply with the modified\nAustralian Standard or non-standard safety provision;\n(d) if the swimming pool is to be constructed in accordance with\nthe non-standard safety provision – all particulars of the\nproposed enclosure of the swimming pool;\n(e) if there is to be a dividing barrier – confirmation that the owner\nof the small premises has given a dividing barrier notice to the\nowner of the adjoining premises;\n(f) whether the owner of the small premises has received the\nadvice of a pool safety adviser.\n9 Applications for compliance certificates after construction of\nnew swimming pools\nAn application under section 16 of the Act for a compliance\ncertificate must contain the following information:\n(a) the identification number of the interim compliance certificate\nin force in respect of the swimming pool;\n(b) the date of completion of construction of the swimming pool\nand swimming pool barrier;\n\nPart 3 Certification and acknowledgment of swimming pools\nDivision 1 Applications relating to certificates\nSwimming Pool Safety Regulations 2004 5\n(c) any further information the Authority considers necessary.\n10 Applications for compliance certificates generally\nAn application under section 17 of the Act for a compliance\ncertificate must contain the following information:\n(a) the name and address of the owner of the premises at which\nthe swimming pool is situated;\n(b) the address of the premises at which the swimming pool is\nsituated;\n(c) whether those premises are small premises or large premises\nand whether the swimming pool is a new swimming pool or an\nexisting swimming pool;\n(d) whether the swimming pool complies with the modified\nAustralian Standard or non-standard safety provision;\n(e) if the swimming pool complies with the non-standard safety\nprovision – all particulars of the enclosure of the swimming\npool;\n(f) if there is a dividing barrier – confirmation that the owner of the\npremises at which the swimming pool is situated has given a\ndividing barrier notice to the owner of the adjoining premises;\n(g) whether the owner of the premises at which the swimming\npool is situated has received the advice of a pool safety\nadviser.\n11 Applications for provisional compliance certificates\nAn application for a provisional compliance certificate must contain\nthe following information:\n(a) the name and address of the purchaser of the small premises;\n(b) the address of the small premises being purchased;\n(c) the proposed date of completion of the contract of sale;\n(d) there is at those premises an existing swimming pool that is\nnot certified or notified and the purchaser proposes to upgrade\nthe swimming pool;\n(e) whether the purchaser proposes to upgrade the swimming\npool to comply with the modified Australian Standard or\nnon-standard safety provision;\n\nPart 3 Certification and acknowledgment of swimming pools\nDivision 2 Particulars, variation and revocation of certificates\nSwimming Pool Safety Regulations 2004 6\n(f) the measures the purchaser proposes to take to ensure\ncompliance with the applicable safety standard;\n(g) the estimated time, not exceeding 3 months after the purchase\nof the premises, in which the upgrade of the swimming pool\nwill be completed;\n(h) whether the purchaser has received the advice of a pool\nsafety adviser.\n12 Applications for variation or revocation of certificates\n(1) The holder of a certificate must apply to the Authority for a variation\nof the certificate if the following circumstances apply:\n(a) the name of the holder specified in the certificate is to change\ndue to the sale of the premises specified in the certificate;\n(b) there is change to any other particular specified in the\ncertificate;\n(c) the holder wishes the Authority to vary any condition specified\nin the certificate.\n(2) The holder of a certificate must apply to the Authority in the\napproved form for the revocation of the certificate if the swimming\npool to which the certificate relates is no longer being constructed\nor is no longer situated at the premises specified in the certificate.\n(3) A application for the variation or revocation of a certificate must\ncontain the following information:\n(a) the name and address of the holder of the certificate;\n(b) the address of the premises specified in the certificate;\n(c) whether the application is for a variation or revocation of the\ncertificate and the reasons for making the application;\n(d) any other information the Authority considers necessary.\nDivision 2 Particulars, variation and revocation of certificates\n13 Particulars of certificates\n(1) An interim compliance certificate must include the following\nparticulars:\n(a) the name of the person to whom the interim compliance\ncertificate is issued;\n\nPart 3 Certification and acknowledgment of swimming pools\nDivision 2 Particulars, variation and revocation of certificates\nSwimming Pool Safety Regulations 2004 7\n(b) the address of the small premises at which the swimming pool\nis to be constructed;\n(c) whether the swimming pool is to be constructed to comply with\nthe modified Australian Standard or non-standard safety\nprovision;\n(d) any conditions imposed by the Authority;\n(e) a brief statement of the requirements of sections 15 and 16 of\nthe Act;\n(f) the interim compliance certificate will be revoked by virtue of\nregulation 15(1) immediately after the Authority issues a\ncompliance certificate in respect of the swimming pool;\n(g) any other particulars the Authority considers should be\nincluded.\n(2) A compliance certificate must include the following particulars:\n(a) the name of the person to whom the compliance certificate is\nissued;\n(b) the address of the premises at which the swimming pool is\nsituated and whether they are small premises or large\npremises;\n(c) whether the swimming pool is a new swimming pool or\nexisting swimming pool and whether it is certified as\ncomplying with the modified Australian Standard or non-\nstandard safety provision;\n(d) any conditions imposed by the Authority;\n(e) a brief statement of the relevant obligations under the Act;\n(f) any other particulars the Authority considers should be\nincluded.\n(3) A provisional compliance certificate must include the following\nparticulars:\n(a) the name of the person to whom the provisional compliance\ncertificate is issued;\n(b) the address of the small premises at which the existing\nswimming pool to be upgraded is situated;\n\nPart 3 Certification and acknowledgment of swimming pools\nDivision 2 Particulars, variation and revocation of certificates\nSwimming Pool Safety Regulations 2004 8\n(c) whether the existing swimming pool is to be upgraded to the\nmodified Australian Standard or non-standard safety provision;\n(d) any conditions imposed by the Authority;\n(e) the particulars relevant to extensions of time for upgrading the\nexisting swimming pool as specified in regulation 20;\n(f) any other particulars the Authority considers should be\nincluded.\n14 Variation of certificates\n(1) The Authority may vary a certificate on its own initiative only if:\n(a) the Authority has given notice to the holder of the certificate\nspecifying the proposed variation and the reasons for it;\n(b) the notice specifies that the holder of the certificate may,\nwithin 14 days after the notice is given, make submissions to\nthe Authority about why the certificate ought not be varied;\nand\n(c) the Authority takes into account any submissions made in\naccordance with paragraph (b).\n(2) If the Authority varies a certificate, the Authority must:\n(a) request the holder of the certificate to return it to the Authority;\n(b) vary the certificate; and\n(c) issue to the owner of the premises at which the swimming\npool is being constructed or is situated a certificate in\nsubstitution for the varied certificate.\n(3) A person who is requested to return a certificate to the Authority for\nvariation must, within 30 days after the request:\n(a) return the certificate to the Authority; or\n(b) if the certificate has been lost or destroyed – declare that fact\nin writing to the Authority.\nMaximum penalty: 5 penalty units.\n15 Revocation of certificates\n(1) An interim compliance certificate is revoked immediately after the\nAuthority issues a compliance certificate in respect of the swimming\npool to which the interim compliance certificate relates.\n\nPart 3 Certification and acknowledgment of swimming pools\nDivision 3 Declarations, applications and acknowledgments relating to existing\nswimming pools\nSwimming Pool Safety Regulations 2004 9\n(2) The Authority may revoke a certificate if:\n(a) the Authority is satisfied the swimming pool in respect of which\nthe certificate was issued is no longer at the premises\nspecified in the certificate; or\n(b) the owner of the premises specified in the certificate is failing\nto comply with section 31 of the Act or an order issued under\nsection 37 of the Act.\n(3) The Authority may revoke a certificate on its own initiative only if:\n(a) the Authority has given notice to the holder of the certificate of\nthe proposed revocation and the reasons for it;\n(b) the notice specifies that the holder of the certificate may,\nwithin 14 days after the notice is given, make submissions to\nthe Authority about why the certificate ought not be revoked;\nand\n(c) the Authority takes into account any submissions made in\naccordance with paragraph (b).\n(4) If the Authority revokes a certificate, the Authority must request the\nholder of the certificate to return it to the Authority.\n(5) A person who is requested to return a certificate following\nrevocation must, within 30 days after the request:\n(a) return the certificate to the Authority; or\n(b) if the certificate has been lost or destroyed – declare that fact\nin writing to the Authority.\nMaximum penalty: 5 penalty units.\nDivision 3 Declarations, applications and acknowledgments\nrelating to existing swimming pools\n16 Declarations of compliance\nA declaration of compliance must contain the following information:\n(a) the name and address of the owner of the premises at which\nthe existing swimming pool is situated;\n(b) the address of the premises at which the existing swimming\npool is situated;\n\nPart 3 Certification and acknowledgment of swimming pools\nDivision 3 Declarations, applications and acknowledgments relating to existing\nswimming pools\nSwimming Pool Safety Regulations 2004 10\n(c) the existing swimming pool complies with the Community\nSafety Standard;\n(d) the owner has applied the Guidelines in assessing the\ncompliance of the swimming pool with the Community Safety\nStandard;\n(e) a brief description of the swimming pool barrier;\n(f) if there is a dividing barrier – confirmation that the owner has\ngiven a dividing barrier notice to the owner of the adjoining\npremises;\n(g) whether the owner has received the advice of a pool safety\nadviser.\n17 Declarations of proposed compliance\nA declaration of proposed compliance must contain the following\ninformation:\n(a) the name and address of the purchaser of the small premises;\n(b) the address of the small premises being purchased;\n(c) the proposed date of completion of the contract of sale;\n(d) there is at those premises an existing swimming pool that is\nnot certified or notified and the purchaser proposes to upgrade\nthe swimming pool to comply with the Community Safety\nStandard;\n(e) the purchaser has read and understands the Guidelines;\n(f) the measures the purchaser proposes to take to ensure\ncompliance with the Community Safety Standard;\n(g) the estimated time, not exceeding 3 months after the purchase\nof the premises, in which the upgrade of the swimming pool\nwill be completed;\n(h) whether the purchaser has received the advice of a pool\nsafety adviser.\n\nPart 3 Certification and acknowledgment of swimming pools\nDivision 3 Declarations, applications and acknowledgments relating to existing\nswimming pools\nSwimming Pool Safety Regulations 2004 11\n18 Applications for temporary acknowledgment notices\nAn application for a temporary acknowledgment notice must contain\nthe following information:\n(a) the name and address of the person to whom the prescribed\nsmall premises are to be transferred;\n(b) the type of prescribed small premises to be transferred;\n(c) the address of the prescribed small premises;\n(d) there is at the prescribed small premises an existing\nswimming pool that is not certified or notified;\n(e) any further information the Authority considers necessary.\n19 Acknowledgment of swimming pools\n(1) An acknowledgment notice must specify the following particulars:\n(a) the name of the owner of the premises at which the swimming\npool is situated;\n(b) the address of the premises at which the swimming pool is\nsituated and whether they are small premises or large\npremises;\n(c) the owner has declared that the swimming pool complies with\nthe Community Safety Standard and that the owner has\napplied the Guidelines in assessing compliance with that\nStandard;\n(d) a brief description of the relevant obligations under the Act;\n(e) any other particulars the Authority considers should be\nincluded.\n(2) A provisional acknowledgment notice must specify the following\nparticulars:\n(a) the name and address of the purchaser to whom the\nprovisional acknowledgment notice is issued;\n(b) the address of the small premises at which the existing\nswimming pool to be upgraded is situated;\n\nPart 4 Miscellaneous\nSwimming Pool Safety Regulations 2004 12\n(c) the purchaser has declared that the existing swimming pool is\nto be upgraded to comply with the Community Safety\nStandard and that the purchaser has read and understands\nthe Guidelines;\n(d) the particulars relevant to extensions of time for upgrading the\nexisting swimming pool as specified in regulation 20;\n(e) any other particulars the Authority considers should be\nincluded.\n(3) A temporary acknowledgment notice must specify the following\nparticulars:\n(a) the name of the person to whom the prescribed small\npremises are to be transferred;\n(b) the type of prescribed small premises to be transferred;\n(c) the address of the prescribed small premises;\n(d) there is at the prescribed small premises an existing\nswimming pool that is not certified or notified;\n(e) the temporary acknowledgment notice will be revoked by\nvirtue of section 28(5) of the Act immediately after the transfer\nof the fee simple interest in the prescribed small premises;\n(f) any other particulars the Authority considers should be\nincluded.\nPart 4 Miscellaneous\n20 Extension of time for upgrading swimming pool following\npurchase\n(1) For sections 26(5)(a) and 27(5)(a) of the Act, the purchaser must:\n(a) begin upgrading the swimming pool as soon as practicable\nafter the transfer to the purchaser of the fee simple interest in\nthe premises specified in the provisional compliance certificate\nor provisional acknowledgment notice; and\n(b) subject to subregulation (2), complete the upgrade not later\nthan 3 months after that transfer.\n(2) On application in writing by the holder of a provisional compliance\ncertificate or provisional acknowledgment notice, the Authority may\nextend the time in which the swimming pool must be upgraded.\n\nPart 4 Miscellaneous\nSwimming Pool Safety Regulations 2004 13\n(3) The extension of time must be in writing and may impose conditions\non the extension.\n\nPart 4 Miscellaneous\nSwimming Pool Safety Regulations 2004 14\nSchedule 2 Community Safety Standard Guidelines\nregulation 6\n1. Interpretation\n(1) In these Guidelines:\ninside, in relation to a swimming pool barrier, means the side of the\nbarrier that faces the pool area.\noutside, in relation to a swimming pool barrier, means the side of\nthe barrier that faces away from the pool area.\n(2) A reference in these guidelines to a measurement on the outside of\na swimming pool barrier is, in relation to a dividing barrier, a\nreference to a measurement on the inside of the dividing barrier.\n(3) These guidelines do not require any action to be taken by any\nperson on adjoining premises to ensure a dividing barrier complies\nwith the Community Safety Standard.\n2. Swimming pool barrier\n(1) The swimming pool barrier should be a permanent structure.\n(2) The swimming pool barrier should have the effect of isolating the\nswimming pool from the main entrance to the premises at which the\nswimming pool is situated and from any other means of access to\nthe premises.\n(3) Driveway gates should not be used as part of the swimming pool\nbarrier.\n(4) The swimming pool barrier must be high enough to prevent a child\nfrom gaining unsupervised access to the swimming pool (unless\nsubclause (5) applies – approximately 1.2 m at all points measured\nvertically from the outside of the barrier).\n(5) If the swimming pool barrier is made of chainmesh, the height of the\nswimming pool barrier should be approximately 1.7 m at all points\nmeasured vertically from the outside of the swimming pool barrier.\n(6) All horizontal rails should be a suitable distance apart (a minimum\nof approximately 900 mm) or have some means of preventing a\nchild from gaining unsupervised access to the swimming pool.\n(7) Apertures in the swimming pool barrier should not be greater than\napproximately 100 mm.\n\nPart 4 Miscellaneous\nSwimming Pool Safety Regulations 2004 15\n3. Use of part of perimeter boundary as swimming pool barrier\nAlthough section 11(2) of the Act precludes the whole of a\nperimeter boundary from being used as a swimming pool barrier, it\ndoes not prevent any part of the perimeter boundary that forms a\ndividing barrier from being used as a swimming pool barrier.\n4. Gates in swimming pool barriers\n(1) Any gate that forms part of the swimming pool barrier should open\naway from the swimming pool and should automatically self-close\nand self-latch (including when at rest on the latching mechanism).\n(2) The latching release mechanism should be a minimum of\napproximately 1.5 m from the ground, and a minimum of\napproximately 1.4 m from the highest point of the lower horizontal\npart of the swimming pool barrier, measured vertically on the\noutside of the swimming pool barrier.\n(3) Double gates are not suitable to form part of the swimming pool\nbarrier.\n(4) At no time should any gate forming part of the swimming pool\nbarrier be propped open.\n5. Doors in swimming pool barriers\n(1) Any door that forms part of the swimming pool barrier should\nautomatically self-close and self-latch (including when at rest on the\nlatching mechanism).\n(2) The release for the latching device, or the bottom of the door\nhandle, should be a minimum of approximately 1.5 m measured\nvertically above the ground level.\n(3) Double doors are not suitable to form part of the swimming pool\nbarrier.\n6. Windows in swimming pool barriers\nAny window that forms part of the swimming pool barrier should not\nhave an unscreened gap of more than approximately 100 mm that\nis accessible by a child.\n7. General safety matters\n(1) Vegetation within the premises at which the swimming pool is\nsituated that could assist a child to gain unsupervised access to the\nswimming pool should be cleared to a distance of approximately\n1.2 m.\n\nPart 4 Miscellaneous\nSwimming Pool Safety Regulations 2004 16\n(2) Objects that might assist a child to climb over the swimming pool\nbarrier to gain unsupervised access to the swimming pool should\nnot be placed against or close to the swimming pool barrier.\n\nENDNOTES\nSwimming Pool Safety Regulations 2004 17\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 Regulations (SL No. 5, 2004)\nNotified 16 March 2004\nCommenced 15 March 2004 (r 2, s 2 Swimming Pool Safety Act 2004 (Act\nNo. 13, 2004) and Gaz S7, 16 March 2004)\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)\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: r 1 and sch 1.\n4 LIST OF AMENDMENTS\nr 3 amd Act No. 25, 2025, s 57\nrr 7 – 8 amd Act No. 25, 2025, s 57\nrr 10 – 11 amd Act No. 25, 2025, s 57\nrr 14 – 15 amd Act No. 28, 2008, s 3; Act No. 23, 2013, s 12\nrr 16 – 17 amd Act No. 25, 2025, s 57\nr 21 rep Act No. 25, 2025, s 55\nsch 1 amd Act No. 23, 2013, s 12\nrep Act No. 25, 2025, s 56","sortOrder":0}],"analysis":{"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the metadata available, there is no clear evidence that the scope of this legislation has changed from its original intent. The document appears to be a reprint (Reprint No: REPS054R1) of the original 2004 regulations, suggesting it is a consolidation of amendments rather than a fundamental shift in purpose. The core focus remains swimming pool safety."},"complexity_factors":["The document provided contains very limited actual legislative content — mostly metadata and structural headers — making full analysis impossible","Swimming pool safety regulations are generally straightforward in purpose and application","Technical building and engineering standards embedded in such regulations can add some complexity for tradespeople and builders","The discrepancy between the 2004 title and the 2025 commencement date adds minor interpretive uncertainty","Subordinate legislation (regulations) typically operates under a parent Act, meaning readers may need to cross-reference that Act to fully understand obligations"],"plain_english_summary":"These Northern Territory regulations set mandatory safety standards for swimming pools—primarily aimed at preventing child drownings—affecting homeowners, landlords, builders and businesses that own or install pools. They require effective barriers, properly functioning gates/locks, inspection and compliance processes, and enforce penalties for breaches. Notably, although styled “2004,” the regulations show a commencement date of 13 September 2025, suggesting an updated reissue or version rather than a wholly new law."},"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":true,"description":"The Regulations as currently drafted change scope and technical requirements compared with a plain application of the Australian Standards. They (a) exempt specific premises types from the Act (reg 4), (b) modify fence-height and measurement rules in the Australian Standards and specify that no action is required on adjoining premises for dividing-barrier compliance (reg 5(2)–(4); Sch 2(2)–(3)), and (c) reflect subsequent amendments listed in the endnotes. These changes alter who must comply and what physical measures are required."},"complexity_factors":["Multiple certificate types with distinct application and content requirements (interim, compliance, provisional, acknowledgement) — regs 8–11, 13, 19.","Modifications to national Australian Standards that change technical measurements and their point of measurement for dividing barriers (reg 5(2)–(3), reg 5(5)).","Specific dividing-barrier neighbour-notification duties and prescribed notice content — reg 7(2)–(3).","Authority discretion to vary or revoke certificates subject to procedural steps (notice, 14-day submissions, return of certificate) — regs 14–15.","Time-limited obligations for purchasers to upgrade pools with an administrable extension power — reg 20(1)–(3).","Exemptions from the Act for certain premises types (hotels, short‑term accommodation, some non-residential complexes) that narrow regulatory reach — reg 4.","Guidelines that provide approximate, non‑rigid measurements and state they do not impose obligations on adjoining premises — Schedule 2 (Sch 2(1)–(3)).","Interplay between Act, Regulations and modified Standards creating precedence and interpretive issues — reg 5(5) and cross-references to the Act.","Document return and small monetary penalties for non-compliance with administrative directions (returning certificates; maximum 5 penalty units) — regs 14(3), 15(5).","Amendment history recorded in endnotes (multiple amending Acts, 2008–2025) increases interpretive and temporal complexity when tracking original vs current obligations."],"plain_english_summary":"These Regulations set the technical fencing and certification rules for swimming pools in the Northern Territory. They modify parts of the Australian Standards (notably chainmesh fence height), require owners or purchasers to apply for interim, compliance or provisional certificates, and impose neighbour-notification duties (dividing barrier notices). Pool owners and purchasers pay for upgrades and certification; the Authority decides approvals, conditions, variations, revocations and time extensions under the procedures in the Regulations."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulations appear to maintain their original scope focused on swimming pool safety certification and standards. The 2025 amendments (Lands, Planning and Environment Legislation Amendment Act 2025) appear to be technical or machinery amendments (updating references, repealing Schedule 1) rather than substantive expansion of scope. The core framework established in 2004 remains intact."},"complexity_factors":["Multiple certificate types with overlapping purposes (interim, compliance, provisional, temporary acknowledgment, acknowledgment notices)","Dual safety standards operating in parallel (modified Australian Standard vs Community Safety Standard with Guidelines)","Cross-references to the parent Act (Swimming Pool Safety Act 2004) throughout, requiring concurrent reading","Specific technical modifications to Australian Standards (AS 1926.1-1993 and AS 1926.2-1995) including substitution of clauses","Conditional logic for dividing barriers (shared fences) with inside/outside measurement reversals","Distinction between 'small premises' and 'large premises' (defined in the Act, not the Regulations)","Procedural requirements for variations and revocations including notice periods and submission rights","Penalty provisions (5 penalty units) for failure to return certificates"],"plain_english_summary":"These regulations set out the rules for making sure swimming pools in the Northern Territory are safe, particularly for children. They work alongside the Swimming Pool Safety Act 2004.\n\n**Who it affects:**\n- **Pool owners** – anyone who owns a property with a swimming pool\n- **People buying properties with pools** – especially those buying \"small premises\" (residential properties)\n- **Neighbours** – when a fence shared between properties (called a \"dividing barrier\") is used as part of the pool safety barrier\n\n**What it does:**\n\n**Safety Standards**\n- Pools must meet modified Australian Standards for fencing, with specific rules for chainmesh fences (different height requirements depending on mesh size)\n- Some pools are exempt – mainly commercial accommodation like hotels, motels, and holiday rentals where the owner doesn't live\n\n**Certificates and Approvals**\nThe regulations create a paperwork system with different types of certificates:\n- **Interim compliance certificates** – for new pools being built on small residential properties\n- **Compliance certificates** – for pools that are finished and meet the standards\n- **Provisional compliance certificates** – for people buying a property who need time to upgrade an existing non-compliant pool (up to 3 months)\n\n**Existing Pools**\n- Owners of existing pools can make a \"declaration of compliance\" if their pool meets the \"Community Safety Standard\" (a more flexible standard than the Australian Standard)\n- The regulations include detailed guidelines for assessing this standard, covering fence height, gates, doors, windows, and clearing vegetation\n\n**Neighbour Notifications**\n- If a shared fence with a neighbour is used as part of the pool barrier, the pool owner must give the neighbour a formal notice warning about potential climbing risks and advising them to seek advice\n\n**Time Extensions**\n- People who buy properties with non-compliant pools can apply for extensions to the 3-month upgrade deadline\n\n**Why it matters:**\nThese rules aim to prevent children from drowning by ensuring pools are properly fenced and access is controlled. The regulations balance strict safety standards for new pools with more flexible options for older existing pools, while making sure neighbours are informed when shared fences are involved."}},"importantCases":[],"_links":{"self":"/api/acts/swimming-pool-safety-regulations-2004","history":"/api/acts/swimming-pool-safety-regulations-2004/history","analysis":"/api/acts/swimming-pool-safety-regulations-2004/analysis","conflicts":"/api/acts/swimming-pool-safety-regulations-2004/conflicts","importantCases":"/api/acts/swimming-pool-safety-regulations-2004/important-cases","documents":"/api/acts/swimming-pool-safety-regulations-2004/documents"}}