83NFailure to maintain swimming pool safety barrier

83N Failure to maintain swimming pool safety barrier (b) the person fails to maintain a safety barrier for the pool that is an effective and safe child-resistant barrier. (2) For subsection (1) (b) a safety barrier is an effective and safe child-resistant barrier if the barrier— (a) complies with the safety standards for a regulated swimming pool; or (b) if the swimming pool is subject to a Ministerial exemption— complies with the safety standards to the extent the pool is not exempt from the standards; or (c) complies with a requirement prescribed by regulation. (4) It is a defence to a prosecution against this section if the defendant proves that the regulated swimming pool is subject to a standing exemption. Note The defendant has a legal burden in relation to the matters mentioned in s (4) (see Criminal Code, s 59).