sec.245VWhen particular local government exemptions about requirements for pool fencing end

### sec.245V When particular local government exemptions about requirements for pool fencing end This section applies to a local government pool fencing exemption in force for a regulated pool immediately before the day (the relevant day ) the owner of the pool must, under this Act, ensure the pool complies with the pool safety standard. On and from the relevant day for the regulated pool, the local government pool fencing exemption is taken to have no force or effect in relation to the pool. Subsection (2) applies despite any other Act or law. In this section— local government pool fencing exemption — A local government pool fencing exemption , for a regulated pool, means an exemption, whether partial or otherwise, from compliance with any requirements under a local law or a law of the State about fencing of the pool, if the exemption— was lawfully given by a local government; and is in force immediately before the relevant day for the pool. However, the term does not include an exemption mentioned in paragraph 1, to the extent the exemption— applies to a particular occupier of land on which a swimming pool is situated; and was given solely on the basis of the occupier’s inability to access the pool because of the occupier’s disability; and is in force immediately before the relevant day for the regulated pool. s 245V ins 2010 No. 35 s 14 (sec.245V-ssec.1) This section applies to a local government pool fencing exemption in force for a regulated pool immediately before the day (the relevant day ) the owner of the pool must, under this Act, ensure the pool complies with the pool safety standard. (sec.245V-ssec.2) On and from the relevant day for the regulated pool, the local government pool fencing exemption is taken to have no force or effect in relation to the pool. (sec.245V-ssec.3) Subsection (2) applies despite any other Act or law. (sec.245V-ssec.4) In this section— local government pool fencing exemption — A local government pool fencing exemption , for a regulated pool, means an exemption, whether partial or otherwise, from compliance with any requirements under a local law or a law of the State about fencing of the pool, if the exemption— was lawfully given by a local government; and is in force immediately before the relevant day for the pool. However, the term does not include an exemption mentioned in paragraph 1, to the extent the exemption— applies to a particular occupier of land on which a swimming pool is situated; and was given solely on the basis of the occupier’s inability to access the pool because of the occupier’s disability; and is in force immediately before the relevant day for the regulated pool. - 1 A local government pool fencing exemption , for a regulated pool, means an exemption, whether partial or otherwise, from compliance with any requirements under a local law or a law of the State about fencing of the pool, if the exemption— (a) was lawfully given by a local government; and (b) is in force immediately before the relevant day for the pool. - (a) was lawfully given by a local government; and - (b) is in force immediately before the relevant day for the pool. - 2 However, the term does not include an exemption mentioned in paragraph 1, to the extent the exemption— (a) applies to a particular occupier of land on which a swimming pool is situated; and (b) was given solely on the basis of the occupier’s inability to access the pool because of the occupier’s disability; and (c) is in force immediately before the relevant day for the regulated pool. - (a) applies to a particular occupier of land on which a swimming pool is situated; and - (b) was given solely on the basis of the occupier’s inability to access the pool because of the occupier’s disability; and - (c) is in force immediately before the relevant day for the regulated pool. - (a) was lawfully given by a local government; and - (b) is in force immediately before the relevant day for the pool. - (a) applies to a particular occupier of land on which a swimming pool is situated; and - (b) was given solely on the basis of the occupier’s inability to access the pool because of the occupier’s disability; and - (c) is in force immediately before the relevant day for the regulated pool.