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Building Act 2004
83Definitions—pt 5A
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83 Definitions—pt 5A
(1) In this part:
access point—
(a) means the portion of a safety barrier that is designed to provide
access through the barrier to a regulated swimming pool or the
water in the pool; and
(b) includes a door.
authorised person—means a person appointed, or taken to be
appointed, under section 83P.
complete exemption means a Ministerial exemption or standing
exemption that exempts a regulated swimming pool from all of the
safety standards.
compliance status certificate, for a regulated swimming pool—see
section 83K (1).
exemption certificate, for a regulated swimming pool—see
section 83D (6).
Ministerial exemption means an exemption that applies to a regulated
swimming pool under section 83D.
occupier, of premises, includes any person who is for the time being
in charge of the premises and, if there are 2 or more occupiers of the
premises, includes any one of the occupiers.
owner, of premises, means—
(a) for premises other than common property—the registered
proprietor of the lease for the land on which the premises are
located; or
(b) for premises that are a unit—the registered proprietor of the
lease for the unit; or
(c) for premises that are common property—the owners corporation
for the common property.
partial Ministerial exemption means a Ministerial exemption that
exempts a regulated swimming pool from only part of the safety
safety barrier, for a regulated swimming pool—
(a) means any structure or naturally occurring feature that forms, or
forms part of, a continuous perimeter that is effective as a safe
child resistant barrier to the pool or the water in the pool; and
(b) includes—
(i) a fence, post, panel, access point, child-resistant doorset,
wall, balustrade or part of a building; and
(ii) for a pool that is a spa—a lockable child-resistant structure;
and
(iii) if a Ministerial exemption has been granted for the pool—
the barrier that restricts access to a swimming pool or water
in the pool permitted under the exemption; and
(iv) anything else prescribed by regulation
safety standards, for a regulated swimming pool—see section 83A.
standing exemption means an exemption that applies to a regulated
swimming pool under section 83C.
child-resistant doorset means a safety barrier that comprises a door,
door frame, self-closing device and latch.
common property—see the Unit Titles Act 2001, section 13.
Preliminary Division 5A.1
registered proprietor, in relation to a lease, means the person who is
registered under the Land Titles Act 1925 as the proprietor of the
lease.
unit—see the Unit Titles Act 2001, section 9.