Building Act 2004
83FRevocation of exemption
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83F Revocation of exemption (1) The Minister may revoke a Ministerial exemption that applies to a regulated swimming pool on the Minister’s own initiative if satisfied that any of the following apply: (a) the owner of the premises on which the pool is located has failed to comply with a condition of the exemption; (b) the owner of the premises knowingly or recklessly used false or misleading information in the application for the exemption, or an application for variation of the exemption; (c) no circumstance mentioned in section 83D (2) applies to the pool; (d) there is an immediate and serious risk to the health or safety of a person. (2) However, the Minister must not revoke an exemption unless the (a) has given the owner of the premises written notice that— (i) states that the Minister proposes to revoke the exemption; and
(ii) states the reason the Minister proposes to revoke the exemption; and (iii) tells the owner that the owner may give a written response to the Minister about the matters stated in the notice not later than 28 days after the owner receives the notice; and (b) has considered any response given in accordance with paragraph (a) (iii); and (c) is satisfied that it is appropriate to revoke the certificate. (3) Subsection (2) does not apply to a revocation made under subsection (1) (d). (4) The revocation of the exemption takes effect— (a) for a revocation under subsection (1) (d)—immediately; or (b) in any other case— (i) 90 days after the day notice is given to the owner; or (ii) if another day is stated in the notice—on the stated day.