NORTHERN TERRITORY OF AUSTRALIA
ALICE SPRINGS (AQUATIC AND LEISURE CENTRE) BY-LAWS 2011
As in force at 7 March 2012
Table of provisions
Part 1 Executive and administrative
1 Citation ............................................................................................ 1
2 Enactment and commencement ...................................................... 1
3 Application ....................................................................................... 1
4 Definitions ........................................................................................ 1
Part 2 Public use of the Centre
5 Refusal of entry ............................................................................... 3
6 Entry into pool.................................................................................. 3
7 Closing ............................................................................................ 4
Part 3 Prohibited conduct
8 Interfering with others ...................................................................... 4
9 Damage to Centre property ............................................................. 4
10 Climbing........................................................................................... 4
11 Substances in a pool ....................................................................... 4
12 Infectious diseases .......................................................................... 5
13 Recording images in change room .................................................. 5
14 Recording images of children .......................................................... 5
15 Entry into change rooms .................................................................. 5
16 Fundraising ...................................................................................... 5
17 Commercial activity ......................................................................... 5
Part 4 Responsibility for young children
18 Adult custody and control ................................................................ 6
19 Duty of adult custodian .................................................................... 6
Part 5 Enforcement
20 Request to leave.............................................................................. 6
21 Request to cease conduct ............................................................... 7
22 Ban on attendance .......................................................................... 7
23 Removal from the Centre................................................................. 8
24 Abuse of manager or authorised person ......................................... 8
25 Hindering or obstructing manager or authorised person .................. 8
26 Regulatory offence .......................................................................... 8
27 Penalties and infringement notices .................................................. 8
Alice Springs (Aquatic and Leisure Centre) By-laws 2011 ii
Schedule
ENDNOTES
NORTHERN TERRITORY OF AUSTRALIA
As in force at 7 March 2012
ALICE SPRINGS (AQUATIC AND LEISURE CENTRE) BY-LAWS 2011
By-laws under the Local Government Act 2019
Part 1 Executive and administrative
1 Citation
These By-laws may be cited as the Alice Springs (Aquatic and
Leisure Centre) By-laws 2011.
2 Enactment and commencement
(1) These by-laws were made by special resolution of the Alice Springs
Town Council on the 25th day of July 2011 and amended by further
special resolution on the 31st day of October 2011 pursuant to
Part 13.1 of the Local Government Act 2008.
(2) These by-laws have force and effect from the 1st day of
January 2011 or the date that they are notified in the Gazette
whichever is later.
(3) The Alice Springs (Swimming Centre) By-laws 1983 (Subordinate
Legislation No. 29 of 1983) are repealed.
3 Application
These By-laws apply to the Alice Springs Aquatic and Leisure.
Centre situated at Speed Street, Alice Springs.
4 Definitions
In these By-laws:
authorised person means either a person appointed by Council
under Division 1 of Part 9.6 of the Local Government Act 2008 or a
member of the Police Force.
body means an association of members whether or not that
association is incorporated.
Part 1 Executive and administrative
Alice Springs (Aquatic and Leisure Centre) By-laws 2011 2
Centre means the Alice Springs Aquatic and Leisure Centre
situated at Speed Street, Alice Springs.
commercial activity includes coaching for reward.
container includes any cask, flask, receptacle, bottle or can.
Council means the Alice Springs Town Council.
guide dog means a dog, trained by an approved guide dog
association, used as a guide by a person who is wholly or partially
blind.
hearing dog means a dog, certified as a hearing dog by an
approved hearing dog association, used as an aid by a person who
is wholly or partially deaf.
liquor has the same meaning as in the Liquor Act 1978.
manager means manager of the Centre so appointed by Council or
by the operator of the Centre as the case may be and includes,
when the Manager is not in attendance at the Centre, any duly
authorised delegate of the Manager.
polluting substance means:
(a) faeces;
(b) urine;
(c) blood;
(d) vomit;
(e) detergents;
(f) food and beverages; or
(g) any other substance deemed to be a polluting substance by a
resolution of Council; and
pool includes a waterslide.
Part 2 Public use of the Centre
Alice Springs (Aquatic and Leisure Centre) By-laws 2011 3
Part 2 Public use of the Centre
5 Refusal of entry
The manager must refuse entry to the Centre to a member of the
public if that person is:
(a) under the age of 10 years unless that person is accompanied
by:
(i) a parent or guardian of that person; or
(ii) another person authorised by a parent or guardian to
supervise that person provided that other person is in
the reasonable opinion of the Manager competent to
supervise that person;
(b) accompanied by an animal except for a guide dog or a hearing
dog;
(c) in the possession or control of a container of liquor whether
opened or unopened or appears in the reasonable opinion of
the Manager to be under the influence of liquor or any other
drug;
(d) in the possession or control of a glass container;
(e) prohibited from entering the Centre under By-law 22; or
(f) not in possession of valid pass or has not paid the necessary
entry fee to the Centre.
6 Entry into pool
(1) If a person at the Centre is, in the Manager's opinion:
(a) in an unhygienic or unclean state; or
(b) clothed in a manner which is unsuitable or inappropriate for
swimming
the manager may request that person to:
(c) keep from entering a pool whilst in that state or clothed in that
manner; or
(d) immediately leave a pool.
(2) A person-who refuses to obey a request given under clause (1)(c)
or (d) is guilty of an offence.
Part 3 Prohibited conduct
Alice Springs (Aquatic and Leisure Centre) By-laws 2011 4
7 Closing
(1) The manager or an authorised person may at any time close the
Centre or a pool within the Centre.
(2) Where the Centre or a pool is closed under clause (1), a person
must leave the Centre or the pool on being directed to do so by the
manager or an authorised person.
(3) A person who contravenes clause (2) is guilty of an offence.
Part 3 Prohibited conduct
8 Interfering with others
(1) A person must not interfere with another person or throw or push,
or attempt to throw or push, another person into a pool at the
Centre, or throw a stone or stick or ball or other matter or thing to
the annoyance of another person using the facilities at the Centre.
(2) For clause (1), interference includes interfering with the enjoyment
of that other person.
(3) A person who contravenes clause (1) is guilty of an offence.
9 Damage to Centre property
(1) A person must not wilfully damage any building, structure, fixture,
equipment or furniture in, at, or part of the Centre.
(2) A person who contravenes clause (1) is guilty of an offence.
10 Climbing
(1) A person must not climb or attempt to climb on a tree or a fence or
a roof or other part of a building, structure or fixture in, at or part of
the Centre.
(2) A person who contravenes clause (1) is guilty of an offence.
11 Substances in a pool
(1) A person must not put or discharge any polluting substance in a
pool at the Centre.
(2) A person who contravenes clause (1) is guilty of an offence.
Part 3 Prohibited conduct
Alice Springs (Aquatic and Leisure Centre) By-laws 2011 5
12 Infectious diseases
(1) A person having:
(a) an infection; or
(b) disease or skin complaint that is contagious
must not enter a pool at the Centre.
(2) A person who contravenes clause (1) is guilty of an offence.
13 Recording images in change room
(1) A person must not use a camera, video camera, mobile telephone
camera or any other device that records still or moving images in
any change room in the Centre.
(2) A person who contravenes clause (1) is guilty of an offence.
14 Recording images of children
(1) A person must not within the Centre use a camera, video camera,
mobile telephone camera or any other device that records still or
moving images of a child under the age of 16 years without the
consent of that person's parent or guardian.
(2) A person who contravenes clause (1) is guilty of an offence.
15 Entry into change rooms
(1) A person, being above the age of 4 years, must not enter a change
room or toilet at the Centre which is designated for the use of a
person of the opposite sex to that person.
(2) A person who contravenes clause (1) is guilty of an offence.
16 Fundraising
(1) A person or body must not carry out any fundraising activity at the
Centre without the written permission of the Manager.
(2) A person who contravenes clause (1) is guilty of an offence.
17 Commercial activity
(1) A person or body must not carry out any commercial activity at the
Centre without the written permission of the Manager.
(2) A person who contravenes clause (1) is guilty of an offence.
Part 5 Enforcement
Alice Springs (Aquatic and Leisure Centre) By-laws 2011 6
Part 4 Responsibility for young children
18 Adult custody and control
(1) A parent or guardian of a child under the age of 10 years must not
cause the child to be left at the Centre unless the child is in the
custody and control of an adult who has undertaken to the parent or
guardian to be responsible for the safety and good behaviour of the
child while the child is at the Centre.
(2) A person who contravenes clause (1) is guilty of an offence.
19 Duty of adult custodian
(1) Where an adult:
(a) accompanies into the Centre; or
(b) within the Centre takes or has the custody or control of,
a child under the age of 10 years, the adult must:
(c) ensure that the child obeys these By-laws; and
(d) ensure, or make provision for, the safety of the child while at
the Centre.
(2) If a person to whom clause (1) applies fails to so ensure that a child
obeys these By-laws or fails to so ensure, or make provision for, the
safety of the child, the Manager or an authorised person may ask
the person to leave the Centre with the child.
(3) A person who fails to immediately leave the Centre with the child on
being requested to do so under clause (2) is guilty of an offence.
Part 5 Enforcement
20 Request to leave
(1) If a person when at the Centre:
(a) has entered the Centre in circumstances where the manager
would have been obliged to refuse entry to the person under
By-law 5;
(b) breaches any of these By-laws;
(c) is under the influence or liquor or another drug;
(d) uses threatening or abusive language; or
Part 5 Enforcement
Alice Springs (Aquatic and Leisure Centre) By-laws 2011 7
(e) acts in a disorderly or indecent manner
the manager or an authorised person may ask the person to leave
the Centre.
(2) A person who fails to immediately leave the Centre on being
requested to do so under clause (1) is guilty of an offence.
21 Request to cease conduct
(1) If a person when at the Centre:
(a) spits;
(b) is unreasonably noisy;
(c) runs;
(d) behaves in a way that places themselves or others at risk; or
(e) smokes
the manager or an authorised person may ask the person to cease
that conduct.
(2) Where a person, having been asked to cease certain conduct under
clause (1), continues with that conduct, the Manager or an
authorised person may ask the person to leave the Centre.
(3) A person who fails to immediately leave the Centre on being
requested to do so under clause (1) is guilty of an offence.
22 Ban on attendance
(1) Where a person is requested to leave the Centre under
By-laws 19(2), 20(1) or 21(2), that person is, subject to clause (2),
prohibited from entering the Centre for the rest of that day.
(2) When a person is requested to leave the Centre under
By-laws 19(2), 20(1) or 21(2), the manager or authorised person
may issue the person with a banning notice prohibiting the person
from entering the Centre for the duration of the ban.
(3) Where clause (2) applies:
(a) the manager may subsequently set aside or reduce the
duration of the ban; or
(b) the banned person may apply to Council to set aside or
reduce the duration of the ban.
Part 5 Enforcement
Alice Springs (Aquatic and Leisure Centre) By-laws 2011 8
(4) A person who enters or attempts to enter the Centre while a ban is
in force under clauses (1) or (2) is guilty of an offence.
23 Removal from the Centre
An authorised officer may remove any person who fails to
immediately leave the Centre on being requested to do so under
By-laws 19(2), 20(1) or 21(2).
24 Abuse of manager or authorised person
(1) A person must not threaten, intimidate or use abusive language
against the manager or authorised person in the exercise of powers
under these By-laws.
(2) A person who contravenes clause (1) is guilty of an offence.
25 Hindering or obstructing manager or authorised person
(1) A person who hinders or obstructs the manager or an authorised
person in the exercise of powers under these By- laws.
(2) A person who contravenes clause (1) is guilty of an offence.
26 Regulatory offence
Any offence against these By-laws is a regulatory offence.
27 Penalties and infringement notices
By-laws 81 and 82 of the Alice Springs (Management of Public
Places) By-laws 2009 shall apply to and be incorporated into these
By-laws save that:
(a) in relation to By-law 81, the reference to "these By-laws" is
deemed to be in reference to the Alice Springs (Aquatic and
Leisure Centre By-laws) 2011; and
(b) in relation to By-law 82, the reference to By-law 81 in
clause (1) is deemed to be in reference to By-law 81 of the
Alice Springs (Management of Public Places) By-laws 2009
and "By-law 27" is substituted for "By-law 82" wherever the
latter appears in By-law 82.
Schedule
Alice Springs (Aquatic and Leisure Centre) By-laws 2011 9
Schedule
by-law 27
FIXED PENALTIES
Column 1
By-law
Column 2
General Description of Offence
Column 3
Penalty units
6(2) Entering or remaining in pool in
unhygienic or unclean state or in
unsuitable or inappropriate state
2
7(3) Failing to leave Centre or pool on being
directed to do so
2
8(3) Interfering with another 1
9(2) Wilfully damaging Centre property 5
10(2) Climbing on Centre property 1
11(2) Putting polluting substance in pool 5
12(2) Entering pool with infectious disease 5
13(2) Recording images in a change room 5
14(2) Recording images of children 1
15(2) Entering change room of opposite sex 2
16(2) Carrying out fundraising without written
permission
1
17(2) Carrying out commercial activity with
written permission
3
Schedule
Alice Springs (Aquatic and Leisure Centre) By-laws 2011 10
18(2) Leaving a child under 10 at Centre
without adult supervision
3
19(3) Failing to leave Centre due to failure to
ensure child obeys By-laws or make
provision for the safety of the child
3
20(2) Failing to leave Centre due to conduct 3
21(3) Failing to leave Centre due to continued
conduct
3
22(4) Entering Centre when ban in force 2
24(2) Abusing manager or authorised person 5
25(2) Hindering or obstructing manager or
authorised person
3
These by-laws were made by special resolution of the Alice Springs
Town Council at it Ordinary meeting on the 25th day of July 2011
and amended by further special resolution at its Ordinary meeting
on the 31st day of October 2011
Rex Roger Mooney
CHIEF EXECUTIVE OFFICER
ENDNOTES
Alice Springs (Aquatic and Leisure Centre) By-laws 2011 11
ENDNOTES
1 KEY
Key to abbreviations
amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted
nc = not commenced
2 LIST OF LEGISLATION
Alice Springs (Aquatic and Leisure Centre) By-laws 2011 (SL No. 58, 2011)
Notified 7 March 2012
Commenced 7 March 2012
3 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table
of amendments to this reprint) are made by the Interpretation Legislation
Amendment Act 2018 (Act No. 22 of 2018) to: bl 1, 2, 4 and 27.