Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Australian Capital Territory
Public Pools Act 2015
A2015-7
Republication No 5
Effective: 26 December 2025
Republication date: 26 December 2025
Last amendment made by A2025-29
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
About this republication
The republished law
This is a republication of the Public Pools Act 2015 (including any amendment made under the
Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 26 December 2025. It also
includes any commencement, amendment, repeal or expiry affecting this republished law to
26 December 2025.
The legislation history and amendment history of the republished law are set out in endnotes 3
and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT
legislation register at www.legislation.act.gov.au):
• authorised republications to which the Legislation Act 2001 applies
• unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial
amendments and other changes of a formal nature when preparing a law for republication.
Editorial changes do not change the effect of the law, but have effect as if they had been made by
an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The
changes are made if the Parliamentary Counsel considers they are desirable to bring the law into
line, or more closely into line, with current legislative drafting practice.
This republication includes amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately
before the provision heading. Any uncommenced amendments that affect this republished law
are accessible on the ACT legislation register (www.legislation.act.gov.au). For more
information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M appears
immediately before the provision heading. The text of the modifying provision appears in the
endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an
individual and $810 for a corporation (see Legislation Act 2001, s 133).
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contents 1
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Australian Capital Territory
Public Pools Act 2015
Contents
Page
Part 1 Preliminary
1 Name of Act 6
3 Dictionary 6
4 Notes 6
5 Offences against Act—application of Criminal Code etc 6
6 Application of Act 7
Part 2 Key concepts
7 Meaning of category 1 facility 8
8 Meaning of operator 8
9 Meaning of pool 9
10 Meaning of pool facility 9
11 Exemption of pool facility or person from Act 10
Section 1 - Public Pools Act 2015 - Public Pools Act 2015 | Zoe
Contents
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Part 3 Pool facilities administration––minimum
requirements, standards and guidelines
Division 3.1 Pool operators and staff
12 Qualifications, skills and training 12
Division 3.2 Standards
13 Operations and management––Ministerial standards 13
14 Operational matters 13
15 Conditions of entry and removal 14
16 Signs 15
Division 3.3 Pool fees
17 Pool fees and guidelines––category 1 facilities 16
Division 3.4 Prohibited articles
18 Meaning of prohibited article 18
19 Declaration of prohibited articles 18
Part 4 Maintenance directions and pool closure
orders
Division 4.1 Maintenance directions
20 Pool facility not maintained 20
Division 4.2 Emergency closure orders
21 Emergency closure of pool facility 21
22 Offence—fail to comply with emergency closure order 22
23 Cancellation of emergency closure order––application 22
24 Compensation––pool closure 23
Part 5 Refusing entry and removal powers
25 Definitions—pt 5 25
26 Authorised person may refuse entry 25
27 Authorised person’s directions 26
28 Authorised person’s direction––operational reasons 27
29 Disability––assistance animals 28
30 Offence—fail to comply with direction 29
Contents
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Part 6 Offences
31 Infections 31
32 Smoking prohibited 31
33 Consumption of liquor 31
34 Possession of liquor 32
35 Graffiti etc 32
36 Damaging infrastructure 32
Part 7 Enforcement
Division 7.1 Inspectors and identity cards
37 Inspectors 34
38 Identity cards 34
39 Power not to be exercised before identity card shown 35
Division 7.2 Powers of inspectors
40 Power to enter pool facility 35
41 Production of identity card 36
42 Consent to entry 36
43 Advance notification and consent to entry 38
44 General powers on entry to pool facility 40
45 Other powers 40
Division 7.3 Miscellaneous
46 Damage etc to be minimised 41
47 Compensation for exercise of enforcement powers 42
Division 7.4 Auditing and compliance
48 Appointment of auditor 42
Part 8 Notification and review of decisions
49 Meaning of reviewable decision––pt 8 44
50 Reviewable decision notices 44
51 Applications for review 44
Part 9 Miscellaneous
52 Liability for loss of, or damage to, property 45
53 Protection from liability 45
Contents
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54 Determination of fees 45
55 Exemption from fees 45
56 Statutory instruments––application etc of other laws or instruments 46
58 Regulation-making power 46
59 Regulations––first-aid equipment and facilities 47
Schedule 1 Reviewable decisions 48
Dictionary 49
Endnotes
1 About the endnotes 51
2 Abbreviation key 51
3 Legislation history 52
4 Amendment history 53
5 Earlier republications 55
Section 1
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Australian Capital Territory
Public Pools Act 2015
An Act relating to public pools, and for other purposes
Part 1 Preliminary
Section 1
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Part 1 Preliminary
1 Name of Act
This Act is the Public Pools Act 2015.
3 Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1 The dictionary at the end of this Act defines certain terms used in this
Act, and includes references (signpost definitions) to other terms defined
elsewhere.
For example, the signpost definition ‘low-alcohol liquor—see the Liquor
Act 2010, dictionary.’ means that the term ‘low-alcohol liquor’ is defined
in that dictionary and the definition applies to this Act.
Note 2 A definition in the dictionary (including a signpost definition) applies to
the entire Act unless the definition, or another provision of the Act,
provides otherwise or the contrary intention otherwise appears (see
Legislation Act, s 155 and s 156 (1)).
4 Notes
A note included in this Act is explanatory and is not part of this Act.
Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
5 Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1 Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act (see
Code, pt 2.1).
The chapter sets out the general principles of criminal responsibility
(including burdens of proof and general defences), and defines terms used
for offences to which the Code applies (eg conduct, intention,
recklessness and strict liability).
Note 2 Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties
that are expressed in penalty units.
Preliminary Part 1
Section 6
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6 Application of Act
This Act applies to a category 1 facility.
Note Category 1 facility––see s 7.
Part 2 Key concepts
Section 7
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Part 2 Key concepts
7 Meaning of category 1 facility
In this Act:
category 1 facility––
(a) means a pool facility that is––
(i) owned by the Territory; and
(ii) open to or used by the public (whether or not on payment
of money); and
(b) includes a pool facility managed under a facility management
agreement.
Note Facility management agreement—see the dictionary.
8 Meaning of operator
(1) In this Act:
operator, of a pool facility––
(a) means the person who, alone or with someone else, manages or
controls the pool facility; and
(b) includes––
(i) a person for the time being managing or controlling the
pool facility; and
(ii) a person managing or controlling the pool facility in
accordance with a facility management agreement; and
(iii) any other person prescribed by regulation; but
Note Power to make a regulation in relation to a matter includes
power to make provision in relation to a class of matter (see
Legislation Act, s 48 (2)).
Key concepts Part 2
Section 9
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(c) does not include a person excluded from this definition by
regulation.
(2) If there is more than 1 operator of a pool facility, it is sufficient
compliance with a requirement of this Act if––
(a) any of the operators exercises the functions of an operator under
this Act; and
(b) any notice or other document required to be given to the operator
under this Act is given to any of the operators.
9 Meaning of pool
In this Act:
pool––
(a) means an artificial structure or vessel that is––
(i) capable of being filled with water; and
(ii) used or intended to be used for swimming, diving, wading,
paddling or any other recreational water activity; and
(iii) unable to be emptied by overturning the structure or vessel;
but
(b) does not include—
(i) a bath tub or other vessel used for cleaning the body; or
(ii) an artificial structure or vessel prescribed by regulation.
10 Meaning of pool facility
In this Act:
pool facility––
(a) means 1 or more pools; and
Part 2 Key concepts
Section 11
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(b) includes any 1 or more of the following:
(i) the plant associated with each pool;
(ii) the concourse for each pool;
(iii) the toilets, change rooms and similar facilities associated
with each pool;
(iv) lighting;
(v) a fence and any other structure that––
(A) excludes access to a pool; or
(B) forms a boundary around 1 or more pools;
(vi) premises used for administration in relation to each pool;
(vii) any other structure, building or plant necessary for the
operation of each pool; but
(c) does not include––
(i) if the pool is located within a gymnasium or recreational
centre––the areas of the recreational centre not associated
with the pool; or
(ii) a facility prescribed by regulation.
11 Exemption of pool facility or person from Act
(1) The Minister may exempt a pool facility or person from this Act.
Note 1 A reference to an Act includes a reference to a provision of an Act (see
Legislation Act, s 7 (3)).
Note 2 A reference to an Act includes a reference to the statutory instruments
made or in force under the Act, including any regulation (see Legislation
Act, s 104).
Note 3 Power to make a statutory instrument (including exemptions) includes
power to make different provision in relation to different matters or
different classes of matters, and to make an instrument that applies
differently by reference to stated exceptions or factors (see Legislation
Act, s 48).
Key concepts Part 2
Section 11
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(2) In deciding whether to exempt a pool facility or person from this Act,
the Minister must take into account any criteria prescribed by
regulation.
(3) An exemption may be conditional.
(4) An exemption has no effect––
(a) to the extent that it is inconsistent with a regulation; or
(b) during any period in which a condition of the exemption is not
complied with.
(5) An exemption is a disallowable instrument.
Part 3 Pool facilities administration––minimum requirements, standards and
guidelines
Division 3.1 Pool operators and staff
Section 12
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Part 3 Pool facilities administration––
minimum requirements,
standards and guidelines
Division 3.1 Pool operators and staff
12 Qualifications, skills and training
(1) The director-general may determine minimum qualifications, skills
and training requirements for operators, employees, people engaged
under contract or volunteers at a pool facility.
(2) A determination may make provision in relation to the following:
(a) the kinds of qualifications, training, skills or experience required
by––
(i) operators of pool facilities; and
(ii) in accordance with their functions––employees, people
engaged under contract or volunteers at a pool facility;
Examples
• swimming instructor
• swimming coach
• lifeguard
(b) ongoing professional development and training requirements;
(c) compliance with requirements under the Working With
Vulnerable People (Background Checking) Act 2011;
(d) requirements about record keeping relating to qualifications,
training, skills or experience.
Note 1 Power to make a statutory instrument (including a determination) about
a particular matter does not limit power to make a statutory instrument
about any other matter (see Legislation Act, s 44 (3)).
Pool facilities administration––minimum requirements, standards and
guidelines
Part 3
Standards Division 3.2
Section 13
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Note 2 Power to make a statutory instrument (including a determination)
includes power to make different provision in relation to different matters
or different classes of matters, and to make an instrument that applies
differently by reference to stated exceptions or factors (see Legislation
Act, s 48).
(3) A determination is a notifiable instrument.
Note A determination may apply, adopt or incorporate a law of another
jurisdiction or instrument, as in force from time to time (see s 56).
Division 3.2 Standards
13 Operations and management––Ministerial standards
(1) The Minister may determine standards in relation to the operation or
management of a pool facility.
(2) Before determining a standard, the Minister must––
(a) consult with people or organisations that conduct an activity or
are engaged in the industry to which the standard relates; and
(b) invite written submissions on the standard.
(3) The Minister must consider any submission made under
subsection (2) before determining the standard.
(4) A determination is a disallowable instrument.
Note A determination may apply, adopt or incorporate a law of another
jurisdiction or instrument, as in force from time to time (see s 56).
14 Operational matters
(1) The director-general may determine standards in relation to the
following operational matters at a pool facility:
(a) occupancy loading;
(b) pool loading;
(c) water safety initiatives;
Part 3 Pool facilities administration––minimum requirements, standards and
guidelines
Division 3.2 Standards
Section 15
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(d) safety rules and requirements;
(e) adult supervision of a child;
(f) supervision of patrons by pool facility staff;
(g) customer service charters;
Examples
1 standard of service patrons can expect at pool facility
2 obligations of patrons attending pool facility
3 feedback and complaint processes
(h) mandatory safety equipment;
(i) mandatory or recommended best practice signage in relation to
a pool facility, including meeting any AS, AS/NZS or
international standards for safety signs;
(j) record keeping in relation to the operation and management of a
pool facility.
(2) Before determining a standard, the director-general must––
(a) consult with people or organisations that conduct an activity or
are engaged in the industry to which the standard relates; and
(b) invite written submissions on the standard.
(3) The director-general must consider any submission made under
subsection (2) before determining the standard.
(4) A determination is a notifiable instrument.
Note A determination may apply, adopt or incorporate a law of another
jurisdiction or instrument, as in force from time to time (see s 56).
15 Conditions of entry and removal
(1) The director-general may determine standards in relation to
conditions of entry to, and requirements for removal from, a pool
facility.
Pool facilities administration––minimum requirements, standards and
guidelines
Part 3
Standards Division 3.2
Section 16
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(2) A standard may make provision in relation to the following:
(a) conditions of entry, including––
(i) health and hygiene requirements; and
(ii) the minimum age for entry without adult supervision; and
(iii) in relation to assistance animals;
(b) rules of behaviour, including behaviour that may cause a person
to be excluded or removed from a pool facility;
(c) procedures and grounds for excluding people, including in
relation to operational matters.
Examples––pars (b) and (c)
• possession of alcohol
• smoking
• exceeding occupancy or pool loading
(3) A determination is a notifiable instrument.
Note A determination may apply, adopt or incorporate a law of another
jurisdiction or instrument, as in force from time to time (see s 56).
16 Signs
(1) The director-general may determine standards in relation to signage
at a pool facility.
(2) A standard may make provision in relation to the following:
(a) minimum construction and design requirements for signs,
including words and images that may be displayed on signs;
(b) the size and location of signs;
(c) signs that are mandatory or reflect best practice;
Part 3 Pool facilities administration––minimum requirements, standards and
guidelines
Division 3.3 Pool fees
Section 17
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(d) the form of a sign and how patrons may be notified of pool
facility conditions of entry and grounds for exclusion or
removal.
Examples––form of a sign
1 pamphlet containing conditions of entry and grounds for exclusion or
removal
2 copy of notifiable instrument displayed prominently at pool facility
(3) A determination is a notifiable instrument.
Note A determination may apply, adopt or incorporate a law of another
jurisdiction or instrument, as in force from time to time (see s 56).
Division 3.3 Pool fees
17 Pool fees and guidelines––category 1 facilities
(1) This section applies to a category 1 facility.
(2) An operator of the facility may set fees to be charged for the facility,
if there is no fee determination under section 54 (Determination of
fees) in force for the facility.
(3) The Minister may issue guidelines for fees (the pool fee guidelines)
to be set under subsection (2).
(4) A pool fee guideline may make provision in relation to the following:
(a) the pool facilities that are subject to the pool fee guidelines;
(b) the maximum fees that may be set;
(c) fees for different purposes or circumstances;
(d) fees based on the following:
(i) the age of patrons;
Examples
• child
• student
• senior
Pool facilities administration––minimum requirements, standards and
guidelines
Part 3
Pool fees Division 3.3
Section 17
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(ii) whether a patron is supervising a child or person requiring
care;
(iii) entry with a concession or disability card issued by the
Territory, a State or the Commonwealth;
(iv) combined memberships for pool facility use and other
recreational uses;
(v) community-based membership;
(vi) entry as a spectator only;
(vii) entry as a member of a swimming school, training squad or
other aquatic group;
(viii) the nature and scale of the activities being carried out at a
pool facility;
Examples––nature of activities
• pool hire for school carnival
• exclusive lane hire
(e) fees for lessons or coaching;
(f) fees for the sale or hire of articles and equipment;
(g) the way fees are notified;
(h) the circumstances in which fees may be waived or reduced;
(i) the review of the pool fee guidelines and timeframe for the
review;
(j) any matters the director-general may consider before the fees are
applied.
Note Power to make a statutory instrument (including a guideline) about a
particular matter does not limit power to make a statutory instrument
about any other matter (see Legislation Act, s 44 (3)).
(5) A pool fee guideline is a notifiable instrument.
Note A pool fee guideline may apply, adopt or incorporate a law of another
jurisdiction or instrument, as in force from time to time (see s 56).
Part 3 Pool facilities administration––minimum requirements, standards and
guidelines
Division 3.4 Prohibited articles
Section 18
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Division 3.4 Prohibited articles
18 Meaning of prohibited article
In this Act:
prohibited article means a thing declared by the director-general to
be a prohibited article under section 19.
19 Declaration of prohibited articles
(1) The director-general may declare a thing to be a prohibited article if
satisfied that the thing––
(a) is, or is likely to be––
(i) obscene or offensive; or
(ii) an undue risk to the health and safety of people at a pool
facility; or
(iii) a hazard at a pool facility; or
(b) is otherwise inappropriate at a pool facility.
Examples––par (a)
1 magazines or audio visual material with an “R’ classification
2 ceramic or glass item
Example––par (b)
high-power water pistol
(2) A declaration may state that a prohibited article must not––
(a) be sold or offered for sale at a pool facility; or
(b) be hired or offered for hire at a pool facility.
Note Power to make a statutory instrument (including a notifiable instrument)
includes power to make different provision in relation to different matters
or different classes of matters, and to make an instrument that applies
differently by reference to stated exceptions or factors (see Legislation
Act, s 48).
Pool facilities administration––minimum requirements, standards and
guidelines
Part 3
Prohibited articles Division 3.4
Section 19
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(3) A declaration is a notifiable instrument.
Note A declaration may apply, adopt or incorporate a law of another
jurisdiction or instrument, as in force from time to time (see s 56).
Part 4 Maintenance directions and pool closure orders
Division 4.1 Maintenance directions
Section 20
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Part 4 Maintenance directions and pool
closure orders
Division 4.1 Maintenance directions
20 Pool facility not maintained
(1) This section applies if the director-general is satisfied on reasonable
grounds that—
(a) an operator of a pool facility is not maintaining the pool facility
in good repair or condition; and
(b) the failure to maintain the pool facility is causing undue risk to
people, property or the environment.
(2) The director-general may direct the operator to maintain the pool
facility (a maintenance direction).
Note 1 The director-general’s decision to issue a maintenance direction is
reviewable by the ACAT (see s 50 and sch 1).
Note 2 The director-general must give the operator a reviewable decision notice
in relation to the decision to issue a maintenance direction (see s 50).
(3) A maintenance direction must be in writing and state the action to be
taken to ensure the pool facility is maintained in a way that is likely
to prevent or reduce risk to people, property or the environment and
include the following:
(a) the details of the maintenance work required, or matters to be
rectified;
(b) when the maintenance direction must be complied with, being a
day at least 1 month after the day the maintenance direction is
given to the operator;
(c) if the maintenance required is extensive––
(i) that the pool facility be closed for a period (a stated period)
for maintenance work to be carried out; and
Maintenance directions and pool closure orders Part 4
Emergency closure orders Division 4.2
Section 21
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(ii) the stated period the pool must be closed.
(4) A maintenance direction must also state that, if the maintenance
direction is not complied with, the pool facility may be closed under
section 21 if closure is the only viable option to prevent or reduce
undue risk to people, property or the environment.
(5) If a maintenance direction includes a stated period for the pool to be
closed, the maintenance direction must provide that––
(a) the stated period starts on a day at least 60 days after the day the
maintenance direction is given to the operator of the pool
facility; and
(b) as far as practicable, the stated period is during the off-peak
season.
(6) A stated period may end on a stated day or on the happening of a
stated event.
Division 4.2 Emergency closure orders
21 Emergency closure of pool facility
(1) The director-general may order an operator of a pool facility to close
the pool facility (an emergency closure order) if the director-general
believes on reasonable grounds that—
(a) the operator did not comply with a maintenance direction, and
the closure of the pool facility is the only viable option to
prevent or reduce undue risk to people, property or the
environment; or
(b) the immediate closure of a pool facility is the only viable option
to prevent or reduce undue risk to people, property or the
environment.
Part 4 Maintenance directions and pool closure orders
Division 4.2 Emergency closure orders
Section 22
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(2) If an emergency closure order is made under subsection (1), the
director-general must immediately, or as soon as practicable, give
written notice to the operator stating the following:
(a) the pool facility that must be closed by the operator;
(b) the grounds on which the order is given;
(c) the date of issue of the order;
(d) that the order starts on the day the order is given;
(e) when the order ends;
(f) that if the order is not complied with, the operator may be
committing an offence under section 22;
(g) that the operator may apply for the cancellation of the order
under section 23 and details about the application process.
Note For how documents may be given, see the Legislation Act, pt 19.5.
(3) For subsection (2) (e), the order may end on a stated day or on the
happening of a stated event.
22 Offence—fail to comply with emergency closure order
(1) A person commits an offence if the person—
(a) is subject to an emergency closure order; and
(b) the person fails to comply with the order.
Maximum penalty: 50 penalty units.
(2) An offence against this section is a strict liability offence.
23 Cancellation of emergency closure order––application
(1) An operator of a pool facility who is required to close the pool facility
by an emergency closure order may apply, in writing, not later than 7
days after the day the order is given, to the director-general for
cancellation of the emergency closure order stating reasons why the
order should be cancelled.
Maintenance directions and pool closure orders Part 4
Emergency closure orders Division 4.2
Section 24
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(2) Before making a decision on the application, the director-general
must consider—
(a) the application; and
(b) the grounds on which the emergency closure order was given;
and
(c) the current state of the pool facility to which the order relates.
(3) The director-general may cancel the emergency closure order if
satisfied on reasonable grounds that the cancellation will not
endanger the health or safety of people or cause undue risk to property
or the environment.
Note The director-general’s decision to refuse to cancel an emergency closure
order is reviewable by the ACAT (see s 50 and sch 1).
(4) The director-general must tell the operator of the decision and, if the
director-general refuses to cancel the emergency closure order, the
reasons for the refusal.
Note The director-general must also give the operator a reviewable decision
notice in relation to the decision to refuse to cancel an emergency closure
order (see s 50).
24 Compensation––pool closure
(1) This section applies if—
(a) a person was subject to a maintenance direction or an emergency
closure order requiring a pool facility to be closed; and
(b) the person suffers loss or expense because of the direction or
order; and
(c) the person considers that there were insufficient grounds for
giving the direction or order.
(2) The person may apply, in writing, to the Minister for compensation,
setting out the reasons for the application.
Part 4 Maintenance directions and pool closure orders
Division 4.2 Emergency closure orders
Section 24
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(3) The Minister must—
(a) decide whether to pay any compensation to the person and, if so,
the amount of the compensation; and
(b) give the person written notice of the Minister’s decision.
Note For how documents may be given, see the Legislation Act, pt 19.5.
(4) If the Minister is satisfied that there were insufficient grounds for
giving the direction or order, the Territory must pay the person the
reasonable compensation decided by the Minister.
(5) However, compensation is not payable to the person—
(a) in relation to any loss or expense suffered by the person because
of an act or omission of the person; or
(b) if the person caused or contributed to the circumstances that
caused the direction or order to be given; or
(c) if the direction or order was given in accordance with this Act
and in good faith.
Note A reference to an Act includes a reference to the statutory
instruments made or in force under the Act, including any
regulation (see Legislation Act, s 104).
(6) If the Minister does not decide the application within 28 days after
the day the Minister receives the application, the Minister is taken to
have refused to pay compensation.
Refusing entry and removal powers Part 5
Section 25
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Part 5 Refusing entry and removal
powers
25 Definitions—pt 5
(1) In this part:
authorised person, in relation to a pool facility, means––
(a) the operator; or
(b) an employee of the operator; or
(c) a licensed security guard engaged by the operator.
licensed security guard means a person who holds a security licence.
(2) In this section:
security licence means a licence under the Security Industry Act 2003
that authorises the licensee to carry out crowd control under that Act,
whether or not it authorises the licensee to do anything else.
26 Authorised person may refuse entry
(1) An authorised person may refuse entry to a pool facility to a child if
the child is––
(a) under the minimum age; and
(b) not accompanied by an adult.
(2) An authorised person may also refuse a person entry to a pool facility
if the authorised person believes on reasonable grounds that—
(a) the person has committed, or is likely to commit, an offence
against this Act; or
(b) the person has contravened, or is likely to contravene a condition
of entry to the pool facility; or
Part 5 Refusing entry and removal powers
Section 27
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(c) admitting the person will be inconsistent with a standard.
Example––par (c)
pool or occupancy loading exceeded
Note A reference to an Act includes a reference to the statutory
instruments made or in force under the Act, including any
regulation (see Legislation Act, s 104).
(3) An authorised person may only refuse entry to a person under
subsection (2) (b) or (c) if the conditions of entry or standard, and
grounds for exclusion for contravening those conditions or to meet a
standard, are displayed or made available at the entry of the pool
facility.
(4) In this section:
minimum age means the minimum age mentioned in a standard
determined under section 15 (Conditions of entry and removal).
standard means a standard determined under division 3.2.
27 Authorised person’s directions
(1) This section applies if an authorised person believes on reasonable
grounds that a person at a pool facility—
(a) has committed, is committing or is about to commit an offence
against this Act; or
(b) has contravened, or is likely to contravene, a condition of entry
to the pool facility.
Note A reference to an Act includes a reference to the statutory instruments
made or in force under the Act, including any regulation (see Legislation
Act, s 104).
(2) The authorised person may direct the person––
(a) as reasonably necessary for—
(i) the good management of the pool facility; or
Refusing entry and removal powers Part 5
Section 28
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(ii) the safety and enjoyment of people at the pool facility; or
(b) to immediately leave the pool facility.
Examples––when direction to leave may be given
1 for drinking alcohol or smoking
2 for damaging infrastructure
3 for other behaviour that contravenes a condition of entry
(3) For subsection (1) (b), an authorised person may only give a direction
under subsection (2) (b) if the conditions of entry and grounds for
removing a person for contravening those conditions are displayed or
made available at the entry of the pool facility.
(4) If an authorised person gives a direction under subsection (2) (b) to a
person, the authorised person must tell the person that it is an offence
to fail to comply with the direction.
(5) A direction under subsection (2) (b) is effective whether or not the
person paid an entry fee to the pool facility.
28 Authorised person’s direction––operational reasons
(1) An authorised person may direct a person at any time to immediately
leave a pool facility because the pool facility is required for a specific
purpose.
Example
a pool facility is to be used for a school carnival or other event
(2) If an authorised person directs a person to leave, the authorised person
must tell the person that it is an offence to fail to comply with the
direction.
(3) A direction under subsection (1) is effective whether or not the person
paid an entry fee to the pool facility.
(4) However, unless a sign is displayed at the entry of the pool facility
stating that the facility will be closed for a specific purpose, the
person who is directed to leave under subsection (1) is entitled to a
full refund of the person’s entry fee.
Part 5 Refusing entry and removal powers
Section 29
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29 Disability––assistance animals
(1) This section applies to a person if the person is accompanied by an
assistance animal.
(2) The animal may enter and remain at a pool facility only if the animal
is accompanying the person.
(3) The person must not cause or allow the animal to enter or remain in a
pool.
(4) If an animal enters a pool, an authorised person may direct the person
to remove the animal from the pool.
(5) If the person fails to comply with a direction under subsection (4), the
authorised person may direct the person to immediately leave the pool
facility.
(6) An authorised person may only give a direction under subsection (5)
if the conditions of entry in subsections (2) and (3), and the effect of
contravening those conditions, are displayed or made available at the
entry of the pool facility.
(7) If an authorised person gives a direction under subsection (5) to a
person, the authorised person must tell the person that it is an offence
to fail to comply with the direction.
(8) A direction under subsection (5) is effective whether or not the person
paid an entry fee to the pool facility.
(9) In this section:
accompanied by an assistance animal—a person is accompanied by
an assistance animal if the person—
(a) is a person with disability and is accompanied by an assistance
animal that is assisting the person to alleviate the effect of the
disability; or
(b) is an assistance animal trainer and is accompanied by an animal
that is being trained as an assistance animal; or
Refusing entry and removal powers Part 5
Section 30
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(c) is an assistance animal assessor and is accompanied by an
animal that is being assessed as an assistance animal.
assistance animal assessor—see the Domestic Animals Act 2000,
section 94.
assistance animal trainer—see the Domestic Animals Act 2000,
section 94.
30 Offence—fail to comply with direction
(1) A person commits an offence if the person—
(a) is subject to a direction to leave under section 27 (2) (b),
section 28 (1) or section 29 (5); and
(b) fails to comply with the direction.
Maximum penalty: 10 penalty units.
Note Fail includes refuse (see Legislation Act, dict, pt 1).
(2) An offence against this section is a strict liability offence.
(3) This section does not apply to a person if, before giving the direction,
the authorised person did not warn the person that failure to comply
with the direction is an offence.
Note The defendant has an evidential burden in relation to the matters
mentioned in s (3) (see Criminal Code, s 58).
(4) If a person commits an offence under subsection (1), a police officer
or licensed security guard may use such force as is reasonably
necessary to—
(a) apprehend and detain the person; or
(b) remove the person from, or stop the person from re-entering, the
pool facility.
Part 5 Refusing entry and removal powers
Section 30
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(5) A police officer or licensed security guard exercising powers under
subsection (4) may act with such assistance as is reasonably necessary
from an authorised person.
(6) A person must not be detained under subsection (4) (a) for longer than
is reasonably necessary to remove the person from the pool facility.
Offences Part 6
Section 31
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Part 6 Offences
31 Infections
(1) A person commits an offence if the person––
(a) is suffering from a skin, gastrointestinal or other infection that
is communicable in or around water; and
(b) enters or remains at a pool facility.
Maximum penalty: 5 penalty units.
(2) This section does not apply if the person has a medical certificate or
report from a doctor stating that the person is not a health risk to other
people at the pool facility.
32 Smoking prohibited
(1) A person commits an offence if the person smokes in a pool facility.
Maximum penalty: 5 penalty units.
(2) An offence against this section is a strict liability offence.
(3) This section does not apply if the pool facility has no signage
indicating that the facility is smoke-free.
33 Consumption of liquor
(1) A person commits an offence if the person––
(a) is at a pool facility; and
(b) consumes liquor or low-alcohol liquor.
Maximum penalty: 5 penalty units.
(2) An offence against this section is a strict liability offence.
Part 6 Offences
Section 34
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34 Possession of liquor
(1) A person commits an offence if the person––
(a) is at a pool facility; and
(b) possesses liquor or low-alcohol liquor.
Maximum penalty: 5 penalty units.
(2) An offence against this section is a strict liability offence.
35 Graffiti etc
(1) A person commits an offence if the person––
(a) marks any part of a pool facility; and
(b) is not authorised to mark the pool facility by the operator of the
pool facility.
Maximum penalty: 5 penalty units.
(2) In this section:
mark means write on, draw on or paint.
36 Damaging infrastructure
(1) A person commits an offence if the person––
(a) is at a pool facility; and
(b) engages in conduct that damages or interferes with any
infrastructure of the pool facility; and
(c) is reckless about whether the conduct is likely to damage or
interfere with any infrastructure of the pool facility; and
(d) is not authorised by the operator of the pool facility to engage in
the conduct.
Maximum penalty: 10 penalty units.
Offences Part 6
Section 36
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(2) In this section:
infrastructure includes a lock, valve, tap, pipework, machinery,
apparatus, furniture, fittings, showers, toilets or changing rooms.
Part 7 Enforcement
Division 7.1 Inspectors and identity cards
Section 37
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Part 7 Enforcement
Division 7.1 Inspectors and identity cards
37 Inspectors
(1) The director-general may appoint a public servant as an inspector for
this Act.
Note 1 For the making of appointments (including acting appointments), see the
Legislation Act, pt 19.3.
Note 2 In particular, an appointment may be made by naming a person or
nominating the occupant of a position (see Legislation Act, s 207).
(2) Also, a police officer is an inspector for this Act.
38 Identity cards
(1) This section applies in relation to an inspector appointed under
section 37 (1).
(2) The director-general must give an inspector an identity card stating
the person’s name and that the person is an inspector.
(3) The identity card must show—
(a) a recent photograph of the inspector; and
(b) the card’s date of issue and expiry; and
(c) anything else prescribed by regulation.
(4) A person commits an offence if the person—
(a) stops being an inspector; and
(b) does not return the person’s identity card to the director-general
as soon as practicable, but not later than 7 days, after the day the
person stops being an inspector.
Maximum penalty: 1 penalty unit.
Enforcement Part 7
Powers of inspectors Division 7.2
Section 39
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(5) Subsection (4) does not apply to a person if the person’s identity card
has been—
(a) lost or stolen; or
(b) destroyed by someone else.
Note The defendant has an evidential burden in relation to the matters
mentioned in s (5) (see Criminal Code, s 58).
(6) An offence against this section is a strict liability offence.
39 Power not to be exercised before identity card shown
(1) This section applies in relation to an inspector appointed under
section 37 (1).
(2) The inspector may exercise a power under this Act in relation to a
person only if the inspector first shows the person the inspector’s
identity card.
Division 7.2 Powers of inspectors
40 Power to enter pool facility
(1) For this Act, an inspector may—
(a) for a category 1 facility––
(i) enter a pool facility in accordance with a facility
management agreement for the facility; or
(ii) if the facility management agreement does not provide for
powers of entry to a pool facility––enter the pool facility at
any time; or
(b) in any other case––
(i) during the stated period, enter a pool facility that the public
is entitled to use or that is open to the public (whether or
not on payment of money); or
Part 7 Enforcement
Division 7.2 Powers of inspectors
Section 41
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(ii) at any time, enter a pool facility with the consent of the
operator of the pool facility; or
(iii) at any time, enter a pool facility if the inspector believes on
reasonable grounds that the circumstances are so serious
and urgent that immediate entry to the pool facility is
necessary.
(2) However, subsection (1) (b) (i) does not authorise entry into a part of
the pool facility that is being used only for residential purposes.
(3) An inspector may, without the consent of the operator, enter land
around the pool facility to ask for consent to enter the pool facility.
(4) To remove any doubt, an inspector may enter the pool facility under
subsection (1) without payment of an entry fee or other charge.
(5) In this section:
stated period means the period from Monday to Saturday between
8.00 am and 6.00 pm.
41 Production of identity card
(1) An inspector must not remain at a pool facility entered under this part
if the inspector does not produce the inspector’s identity card when
asked by the operator of the pool facility.
(2) A police officer must not remain at a pool facility entered under this
part if the officer does not produce evidence that the officer is a police
officer when asked by the operator of the pool facility.
42 Consent to entry
(1) When seeking the consent of an operator of a pool facility to enter the
pool facility under section 40 (1) (b) (ii), an inspector must—
(a) either—
(i) for an inspector appointed under section 37 (1)—produce
the inspector’s identity card; or
Enforcement Part 7
Powers of inspectors Division 7.2
Section 42
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(ii) for a police officer—produce evidence that the person is a
police officer; and
(b) tell the operator—
(i) the purpose of the entry; and
(ii) that anything found under this part may be used in evidence
in court; and
(iii) that consent may be refused.
(2) If the operator of a pool facility consents, the inspector must ask the
operator to sign a written acknowledgment (an acknowledgment of
consent)—
(a) that the operator was told—
(i) the purpose of the entry; and
(ii) that anything found under this part may be used in evidence
in court; and
(iii) that consent may be refused; and
(b) that the operator consented to the entry; and
(c) stating the time and date when consent was given.
(3) If the operator of a pool facility signs an acknowledgment of consent,
the inspector must as soon as practicable give a copy to the operator.
Note For how documents may be given, see the Legislation Act, pt 19.5.
(4) A court must find that the operator of a pool facility did not consent
to an inspector entering the pool facility under this part if—
(a) the question arises in a proceeding in the court whether the
operator consented to the entry; and
(b) an acknowledgment of consent is not produced in evidence; and
(c) it is not proved that the operator consented to the entry.
Part 7 Enforcement
Division 7.2 Powers of inspectors
Section 43
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43 Advance notification and consent to entry
(1) An inspector may seek the advance consent of an operator of a pool
facility to enter the pool facility.
(2) When seeking the advance consent of the operator to enter the pool
facility, an inspector must notify the operator, in writing—
(a) either––
(i) for an inspector appointed under section 37 (1)––giving a
copy of the inspector’s identity card; or
(ii) for a police officer—providing evidence that the person is
a police officer; and
(b) stating—
(i) the proposed time and day when the entry would be made;
and
(ii) the purpose of the entry; and
(iii) that anything found under this part may be used in evidence
in court; and
(iv) that consent may be refused; and
(c) asking the operator to—
(i) sign the acknowledgment of advance consent if the
operator consents to the entry; and
(ii) return the acknowledgment of advance consent to the
inspector.
(3) If the operator of the pool facility signs and returns the
acknowledgment of advance consent, the inspector must—
(a) enter the pool facility at the proposed time and day mentioned
in subsection (2); and
Enforcement Part 7
Powers of inspectors Division 7.2
Section 43
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(b) when entering the pool facility—
(i) either––
(A) for an inspector appointed under section 37 (1)—
produce the inspector’s identity card; or
(B) for a police officer—produce evidence that the person
is a police officer; and
(ii) produce the acknowledgment of advance consent; and
(iii) give the operator a copy of the acknowledgment of advance
consent.
(4) In this section:
acknowledgment of advance consent means a written statement
signed by the operator of a pool facility stating the following:
(a) that the operator was told—
(i) the proposed time and day when the entry would be made;
and
(ii) the purpose of the entry; and
(iii) that anything found under this part may be used in evidence
in court; and
(iv) that consent may be refused;
(b) that the operator consents in advance to the entry at the proposed
time and day;
(c) the time and day when the advance consent was given.
Part 7 Enforcement
Division 7.2 Powers of inspectors
Section 44
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44 General powers on entry to pool facility
(1) An inspector who enters a pool facility under this part may, for this
Act, do 1 or more of the following in relation to the pool facility or
anything at the pool facility:
(a) inspect or examine;
(b) inspect and copy, or take an extract from, any document at the
pool facility;
Note Document––see the Legislation Act, dictionary, pt 1.
(c) take measurements or conduct tests;
(d) take samples;
(e) take photographs, films or audio, video or other recordings;
(f) require the operator of the pool facility to give information,
answer questions, or produce documents or anything else,
reasonably needed to exercise the inspector’s powers under this
part.
Note The Legislation Act, s 170 and s 171 deal with the application of the
privilege against self-incrimination and client legal privilege.
(2) A person must take reasonable steps to comply with a requirement
made of the person under subsection (1) (f).
Maximum penalty: 20 penalty units.
45 Other powers
(1) An inspector may, by written notice, require the operator of a pool
facility to give information, answer questions, or produce documents
or anything else, reasonably needed to exercise the inspector’s
powers under this part.
Note The Legislation Act, s 170 and s 171 deal with the application of the
privilege against self-incrimination and client legal privilege.
Enforcement Part 7
Miscellaneous Division 7.3
Section 46
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(2) A person must take reasonable steps to comply with a requirement
made of the person under subsection (1).
Maximum penalty: 20 penalty units.
Division 7.3 Miscellaneous
46 Damage etc to be minimised
(1) In the exercise, or purported exercise, of a function under this part, an
inspector must take all reasonable steps to ensure that the inspector
causes as little inconvenience, detriment and damage as practicable.
(2) If an inspector damages anything in the exercise or purported exercise
of a function under this part, the inspector must give written notice of
the particulars of the damage to––
(a) for an asset owned by the Territory––the operator of the pool
facility; or
(b) in any other case––the person the inspector believes on
reasonable grounds is the owner of, or the person responsible
for, the thing.
Note For how documents may be given, see the Legislation Act, pt 19.5.
(3) The notice must state that—
(a) the person may claim compensation from the Territory if the
person suffers loss or expense because of the damage; and
(b) compensation may be claimed and ordered in a proceeding for
compensation brought in a court of competent jurisdiction; and
(c) the court may order the payment of reasonable compensation for
the loss or expense only if satisfied it is just to make the order in
the circumstances of the particular case.
(4) If the damage happens at a pool facility entered under this part in the
absence of the operator of the pool facility, the notice may be given
by leaving it, secured conspicuously, at the pool facility.
Part 7 Enforcement
Division 7.4 Auditing and compliance
Section 47
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47 Compensation for exercise of enforcement powers
(1) A person may claim compensation from the Territory if the person
suffers loss or expense because of the exercise, or purported exercise,
of a function under this part by an inspector.
(2) Compensation may be claimed and ordered in a proceeding for—
(a) compensation brought in a court of competent jurisdiction; or
(b) an offence against this Act brought against the person making
the claim for compensation.
(3) A court may order the payment of reasonable compensation for the
loss or expense only if satisfied it is just to make the order in the
circumstances of the particular case.
(4) A regulation may prescribe matters that may, must or must not be
taken into account by the court in considering whether it is just to
make the order.
Division 7.4 Auditing and compliance
48 Appointment of auditor
(1) The director-general may appoint a suitably qualified person to
conduct an audit of a pool facility (an auditor) in relation to water
safety measures at the premises.
Note 1 For the making of appointments (including acting appointments), see the
Legislation Act, pt 19.3.
Note 2 In particular, a person may be appointed for a particular provision of a
law (see Legislation Act, s 7 (3)) and an appointment may be made by
naming a person or nominating the occupant of a position (see Legislation
Act, s 207).
Enforcement Part 7
Auditing and compliance Division 7.4
Section 48
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(2) The operator of the pool facility being audited must––
(a) comply with the reasonable requirements of the auditor; and
(b) allow the auditor access to the premises and information
reasonably required to conduct the audit; and
(c) pay any fee for the audit that is payable to the auditor.
(3) The auditor must provide a written report to the director-general and
the operator of the pool facility audited, within the time set by the
director-general.
Part 8 Notification and review of decisions
Section 49
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Part 8 Notification and review of
decisions
49 Meaning of reviewable decision––pt 8
In this part:
reviewable decision means a decision mentioned in schedule 1,
column 3 under a provision of this Act mentioned in column 2 in
relation to the decision.
50 Reviewable decision notices
If the director-general makes a reviewable decision, the
director-general must give a reviewable decision notice to each entity
mentioned in schedule 1, column 4 in relation to the decision.
Note The director-general must also take reasonable steps to give a reviewable
decision notice to any other person whose interests are affected by the
decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).
51 Applications for review
The following may apply to the ACAT for review of a reviewable
decision:
(a) an entity mentioned in schedule 1, column 4 in relation to the
decision;
(b) any other person whose interests are affected by the decision.
Miscellaneous Part 9
Section 52
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Part 9 Miscellaneous
52 Liability for loss of, or damage to, property
(1) No action lies against the Territory by reason of the loss of, or damage
to, property occurring in any pool facility.
(2) No action lies against the operator of, or an employee of the operator
at, any pool facility by reason of the loss of, or damage to, property
occurring in the pool facility as a result of an act or omission of the
operator or the employee in the course of the operator exercising the
operator’s functions, or the employee’s employment.
53 Protection from liability
(1) A public servant exercising a function under this Act does not incur
civil liability for an act or omission done honestly and without
recklessness for this Act.
(2) Any civil liability that would, apart from this section, attach to a
public servant attaches instead to the Territory.
Note A reference to an Act includes a reference to the statutory instruments
made or in force under the Act, including any regulation (see Legislation
Act, s 104).
54 Determination of fees
(1) The Minister may determine fees for this Act.
(2) A determination is a disallowable instrument.
55 Exemption from fees
(1) The Minister may exempt a pool facility from the application of any
fees determined under section 54.
(2) An exemption is a disallowable instrument.
Part 9 Miscellaneous
Section 56
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56 Statutory instruments––application etc of other laws or
instruments
(1) A statutory instrument under this Act may apply, adopt or incorporate
a law of another jurisdiction or an instrument, as in force from time
to time.
Example––incorporated instrument
Royal Life Saving Society–Australia guidelines or standards in relation to––
• qualifications, skills or training for lifeguards or coaches
• water safety initiatives
• signage
Note 1 The text of an applied, adopted or incorporated law or instrument,
whether applied as in force from time to time or at a particular time, is
taken to be a notifiable instrument if the operation of the Legislation Act,
s 47 (5) or (6) is not disapplied (see s 47 (7)).
Note 2 A reference to an instrument includes a reference to a provision of an
instrument (see Legislation Act, s 14 (2)).
(2) The Legislation Act, section 47 (6) does not apply in relation to an
AS, AS/NZS or international standard applied, adopted or
incorporated under subsection (1).
Note An AS, AS/NZS or international standard does not need to be notified
under the Legislation Act because s 47 (6) does not apply (see Legislation
Act, s 47 (7)). An AS, AS/NZS or international standard may be
purchased at www.standards.org.au.
58 Regulation-making power
(1) The Executive may make regulations for this Act.
(2) A regulation may create offences and fix maximum penalties of not
more than 20 penalty units for the offences.
Miscellaneous Part 9
Section 59
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59 Regulations––first-aid equipment and facilities
A regulation may make provision in relation to the following:
(a) the minimum requirements for first-aid equipment and facilities;
(b) the pool facilities that must comply with first-aid equipment and
facilities requirements;
(c) design specifications for first-aid facilities.
Examples––par (a)
• first-aid kit
• rescue and resuscitation equipment
• spinal boards and extrication collars
• disposable bandages, swabs, hygiene items
• stretchers, blankets, pillows
Examples––par (c)
• dedicated room
• washing facilities
• washable floors
• storage requirements
Note Power to make a statutory instrument (including a regulation) includes
power to make different provision in relation to different matters or
different classes of matters, and to make an instrument that applies
differently by reference to stated exceptions or factors (see Legislation
Act, s 48).
Schedule 1 Reviewable decisions
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Schedule 1 Reviewable decisions
(see pt 8)
column 1
item
column 2
section
column 3
decision
column 4
entity
1 20 (2) issue maintenance direction person directed
2 23 (3) refuse to cancel emergency closure order person ordered
Dictionary
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Dictionary
(see s 3)
Note 1 The Legislation Act contains definitions and other provisions relevant to
this Act.
Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:
• ACAT
• Act
• adult
• AS (see s 164 (1))
• AS/NZS (see s 164 (2))
• Australian Standard (see s 164 (1))
• child
• Commonwealth
• director-general (see s 163)
• disallowable instrument (see s 9)
• document
• magistrate
• police officer
• public servant
• State
• statutory instrument (see s 13)
• the Territory.
assistance animal—see the Discrimination Act 1991,
section 5AA (3).
authorised person, in relation to a pool facility, for part 5 (Refusing
entry and removal powers)—see section 25 (1).
category 1 facility––see section 7.
condition of entry means a condition of entry included in a standard
determined under section 15.
emergency closure order––see section 21.
Dictionary
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facility management agreement means a contractual arrangement
with the Territory for the management of a pool facility.
inspector means an inspector mentioned in section 37.
law of another jurisdiction—see the Legislation Act, section 47 (10).
licensed security guard, for part 5 (Refusing entry and removal
powers)––see section 25 (1).
liquor––see the Liquor Act 2010, section 11.
low-alcohol liquor––see the Liquor Act 2010, dictionary.
maintenance direction––see section 20 (2).
operator, of a pool facility––see section 8.
pool––see section 9.
pool facility––see section 10.
pool fee guidelines––see section 17.
premises includes land, structure, vehicle or boat.
prohibited article––see section 18.
reviewable decision, for part 8 (Notification and review of
decisions)––see section 49.
Endnotes
About the endnotes 1
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Endnotes
1 About the endnotes
Amending and modifying laws are annotated in the legislation history and the
amendment history. Current modifications are not included in the republished law
but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are
annotated in the amendment history. Full details of any amendments can be
obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details
of these laws are underlined in the legislation history. Uncommenced expiries are
underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered
provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
2 Abbreviation key
A = Act NI = Notifiable instrument
AF = Approved form o = order
am = amended om = omitted/repealed
amdt = amendment ord = ordinance
AR = Assembly resolution orig = original
ch = chapter par = paragraph/subparagraph
CN = Commencement notice pres = present
def = definition prev = previous
DI = Disallowable instrument (prev...) = previously
dict = dictionary pt = part
disallowed = disallowed by the Legislative r = rule/subrule
Assembly reloc = relocated
div = division renum = renumbered
exp = expires/expired R[X] = Republication No
Gaz = gazette RI = reissue
hdg = heading s = section/subsection
IA = Interpretation Act 1967 sch = schedule
ins = inserted/added sdiv = subdivision
LA = Legislation Act 2001 SL = Subordinate law
LR = legislation register sub = substituted
LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced
mod = modified/modification or to be expired
Endnotes
3 Legislation history
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3 Legislation history
Public Pools Act 2015 A2015-7
notified LR 31 March 2015
s 1, s 2 commenced 31 March 2015 (LA s 75 (1))
remainder commenced 1 July 2015 (s 2 and CN2015-8)
as amended by
Animal Welfare Legislation Amendment Act 2019 A2019-35 pt 11
notified LR 10 October 2019
s 1, s 2 commenced 10 October 2019 (LA s 75 (1))
pt 11 commenced 10 April 2020 (s 2 (2))
Statute Law Amendment Act 2021 A2021-12 sch 3 pt 3.49
notified LR 9 June 2021
s 1, s 2 commenced 9 June 2021 (LA s 75 (1))
sch 3 pt 3.49 commenced 23 June 2021 (s 2 (1))
Statute Law Amendment Act 2025 A2025-29 sch 4 pt 4.140
notified LR 6 November 2025
s 1, s 2 commenced 6 November 2025 (LA s 75 (1))
sch 4 pt 4.140 commenced 26 December 2025 (s 2 (7))
Endnotes
Amendment history 4
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4 Amendment history
Commencement
s 2 om LA s 89 (4)
Exemption of pool facility or person from Act
s 11 am A2025-29 amdt 4.141
Qualifications, skills and training
s 12 am A2025-29 amdt 4.141
Operations and management––Ministerial standards
s 13 am A2025-29 amdt 4.141
Operational matters
s 14 am A2025-29 amdt 4.141
Conditions of entry and removal
s 15 am A2025-29 amdt 4.141
Signs
s 16 am A2025-29 amdt 4.141
Pool fees and guidelines––category 1 facilities
s 17 am A2025-29 amdt 4.141
Declaration of prohibited articles
s 19 am A2025-29 amdt 4.141
Pool facility not maintained
s 20 am A2025-29 amdt 4.141
Disability—assistance animals
s 29 am A2019-35 ss 140-142
Reviewable decision notices
s 50 am A2025-29 amdt 4.141
Applications for review
s 51 am A2025-29 amdt 4.141
Determination of fees
s 54 am A2025-29 amdt 4.141
Exemption from fees
s 55 am A2025-29 amdt 4.141
Statutory instruments––application etc of other laws or instruments
s 56 am A2025-29 amdt 4.141
Approved Forms
s 57 om A2021-12 amdt 3.160
Regulation-making power
s 58 am A2025-29 amdt 4.141
Endnotes
4 Amendment history
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Repeals and consequential amendments
pt 10 hdg om LA s 89 (3)
Legislation repealed
s 60 om LA s 89 (3)
Legislation amended––sch 2
s 61 om LA s 89 (3)
Transitional
pt 20 hdg exp 1 July 2017 (s 203)
Meaning of commencement day—pt 20
s 200 exp 1 July 2017 (s 203)
Facility management agreements
s 201 exp 1 July 2017 (s 203)
Transitional regulations
s 202 exp 1 July 2017 (s 203)
Expiry—pt 20
s 203 exp 1 July 2017 (s 203)
Consequential amendments
sch 2 om LA s 89 (3)
Dictionary
dict def assistance animal sub A2019-35 s 143