Swimming Pool Safety Act 2004 (Northern Territory)

This Act establishes a statutory regime of safety standards, certification, notification and enforcement directed at swimming pools in the Northern Territory, and creates an administrative agency to implement that regime. The long title describes the object as to "establish safety standards for certain swimming pools and encourage compliance with those standards" (short title and long title appear at the front of the Act). The practical mechanics are: (a) define which water structures are "swimming pools" and which structures count as swimming pool barriers (ss 6-7); (b) set three alternative safety standards (the modified Australian Standard, the Community Safety Standard and a non‑standard safety provision) and specify which pools must comply with which standard depending on whether they are new or existing and whether they are on "small premises" or "large premises" (Pt 2, ss 8-12); (c) require pre‑construction interim certificates and post‑construction compliance certificates for new pools on small premises and permit declarations/acknowledgments for some other pools (Pt 3, ss 14-21); (d) make the existence or absence of certification or notification a precondition for the transfer or residential leasing of small premises with pools, and set documentary steps for purchasers and landlords (Pt 4, ss 23-29); (e) impose ongoing owner and occupier duties to maintain certified or notified pool barriers, keep gates closed and prevent unsupervised child access from public places (Pt 5, ss 30-36); and (f) create an Authority and a pool‑safety adviser function, with entry powers, warrant powers, forms, fees, orders, review rights by NTCAT and protections for officials (Pt 6-7, ss 37-48; sch 2). The Act also repeals the prior Swimming Pool Fencing Act 2002 (s 57) and contains transitional provisions for existing registrations and orders (sch 1).

NORTHERN TERRITORY OF AUSTRALIA SWIMMING POOL SAFETY ACT 2004 As in force at 13 September 2025 Table of provisions Part 1 Preliminary 1 Short title ......................................................................................... 1 2 Commencement .............................................................................. 1 3 Application of Act ............................................................................. 1 4 Interpretation ................................................................................... 1 5 Residential buildings ........................................................................ 4 6 Swimming pools .............................................................................. 5 7 Swimming pool barriers ................................................................... 5 Part 2 Safety standards applicable to certain swimming pools 8 Safety standards for new swimming pools....................................... 6 9 Safety standards for existing swimming pools ................................. 6 10 Modified Australian Standard........................................................... 6 11 Community Safety Standard ............................................................ 7 12 Non-standard safety provision ......................................................... 8 13 Financial assistance to assist in compliance with safety standards ......................................................................................... 9 Part 3 Interim compliance certificates, compliance certificates and acknowledgment notices Division 1 Interim compliance certificates and compliance certificates 14 Interim compliance certificate before construction at small premises ........................................................................................ 10 15 Obligations if interim compliance certificate issued ....................... 10 16 Application for compliance certificate after construction of new pool at small premises ................................................................... 11 17 Applications for compliance certificates generally ......................... 11 18 Issuing of certificates ..................................................................... 12 19 Variation and revocation of certificates .......................................... 12 Division 2 Acknowledgment notices 20 Declaration of compliance ............................................................. 13

Swimming Pool Safety Act 2004 ii 21 Acknowledgment notice ................................................................. 13 Division 3 Swimming pools on common property 22 Definitions ...................................................................................... 13 23 When swimming pools on common property to be certified or notified ........................................................................................... 14 Part 4 Sale, transfer or residential leasing of small premises with swimming pools Division 1 Sale or transfer of small premises with swimming pools 24 Restrictions on transfer of interest in small premises with swimming pools ............................................................................. 14 25 Purchaser's declaration ................................................................. 15 26 Purchaser may apply for provisional compliance certificate .......... 15 27 Purchaser may lodge declaration of proposed compliance ........... 16 28 Temporary acknowledgment notice ............................................... 17 Division 2 Residential leases 29 No residential lease of small premises with swimming pool unless certified or notified .............................................................. 18 Part 5 Obligations and orders relating to swimming pools 30 Owner of small premises with new swimming pool must hold compliance certificate .................................................................... 19 31 Owner to comply with conditions relating to certified swimming pools .............................................................................................. 19 32 Owner to comply with declaration of compliance ........................... 19 33 Gates, doors etc. that give access to swimming pool to be securely closed .............................................................................. 19 34 Occupier to notify owner if swimming pool barrier needs repair .... 20 35 Owner to ensure swimming pool does not constitute danger to child ............................................................................................... 20 36 Limitation of local government councils' obligations and liability .... 21 37 Authority may issue order .............................................................. 21 Part 6 Administration 38 Swimming Pool Safety Authority.................................................... 22 39 Delegation ..................................................................................... 22 40 Pool safety advisers ...................................................................... 22 41 Identity cards ................................................................................. 23 42 Authority may obtain information etc. ............................................ 23

Swimming Pool Safety Act 2004 iii 43 Powers of entry and inspection...................................................... 23 44 Search warrants ............................................................................ 25 45 Approved forms ............................................................................. 26 46 Prescribed fees.............................................................................. 26 47 Protection from liability .................................................................. 26 Part 7 Review of decisions 48 Review by NTCAT ......................................................................... 26 Part 8 Miscellaneous 51 Dividing barriers............................................................................. 27 52 Notices........................................................................................... 27 53 Defence if swimming pool not able to be used .............................. 28 54 Continuing offences ....................................................................... 28 55 General provisions relating to declarations .................................... 28 56 Regulations.................................................................................... 29 57 Repeal ........................................................................................... 30 58 Transitional provisions ................................................................... 30 Schedule 1 Transitional provisions Schedule 2 Reviewable decisions ENDNOTES

NORTHERN TERRITORY OF AUSTRALIA

As in force at 13 September 2025

SWIMMING POOL SAFETY ACT 2004 An Act to establish safety standards for certain swimming pools and encourage compliance with those standards, and for related purposes Part 1 Preliminary 1 Short title This Act may be cited as the Swimming Pool Safety Act 2004. 2 Commencement This Act comes into operation on the date fixed by the Administrator by notice in the Gazette. 3 Application of Act (1) This Act does not apply in relation to a swimming pool that is situated on an area of land occupied by the Crown, a statutory corporation or a local government council. (2) Despite subsection (1), this Act applies to a swimming pool on property occupied by the Crown, a statutory corporation or a local government council if that property is used solely as a residential building. (3) If there is an inconsistency between this Act and another Act, this Act prevails to the extent of the inconsistency. 4 Interpretation (1) In this Act: acknowledgment notice means a notice issued under section 21. affected person, see section 48(2). applicable safety standard, in relation to a swimming pool, means the Community Safety Standard, modified Australian Standard or non-standard safety provision applicable to that swimming pool.

Part 1 Preliminary Swimming Pool Safety Act 2004 2 applicant means a person who has made an application to the Authority under Part 3 or 4. approved form means a form approved under section 45. Authority means a person appointed under section 38. certified, in relation to a swimming pool, means there is in force a compliance certificate in respect of the swimming pool. child means a person who is under the age of 5 years. Community Safety Standard means the safety standard referred to in section 11. compliance certificate means a certificate issued under section 18(2). construct includes install. declaration of compliance means a declaration referred to in section 20. declaration of proposed compliance means a declaration referred to in section 27. dividing barrier means a swimming pool barrier separating adjoining premises: (a) whether the adjoining premises are wholly or only partly separated by the swimming pool barrier; and (b) whether or not the swimming pool barrier is on any part of the common boundary of the adjoining premises. existing swimming pool means a swimming pool the construction of which was completed before 1 January 2003. interim compliance certificate means a certificate issued under section 18(1). large premises means premises of 1.8 hectares or more in area. modified Australian Standard means the safety standard referred to in section 10. new swimming pool means a swimming pool the construction of which is completed on or after 1 January 2003. non-standard safety provision means the provision referred to in section 12.

Part 1 Preliminary Swimming Pool Safety Act 2004 3 notified, in relation to a swimming pool, means an acknowledgment notice is in force in respect of the swimming pool. occupier, in relation to premises, includes: (a) a person who is for the time being in charge of the premises; and (b) if there are 2 or more occupiers of the premises – each of the occupiers. owner, in relation to premises, means the registered owner or registered proprietor within the meaning of the Land Title Act 2000. perimeter boundary means a fence, wall or other similar structure forming the outer boundary of premises. pool safety adviser means a swimming pool safety adviser appointed under section 40. premises means a lot within the meaning of the Land Title Act 2000 and includes any building or structure on the lot. prescribed fee means a fee prescribed under section 46. provisional acknowledgment notice means a notice issued under section 27(4). provisional compliance certificate means a certificate issued under section 26(4). purchaser's declaration means a declaration referred to in section 25. residential building has the meaning in section 5. reviewable decision, see section 48(1). small premises means premises of less than 1.8 hectares in area. spa bath means a bath, intended to be emptied after each use, that can inject air bubbles or jets of turbulent water into the water in the bath. spa pool means a water-retaining structure that can inject air bubbles or jets of turbulent water into the water in the structure and includes an excavation, structure or vessel in the nature of a spa pool, flotation tank or tub, but does not include a spa bath. swimming pool has the meaning in section 6.

Part 1 Preliminary Swimming Pool Safety Act 2004 4 swimming pool barrier has the meaning in section 7. temporary acknowledgment notice means a notice issued under section 28. upgrade, in relation to a swimming pool or swimming pool barrier, includes construct, alter, repair and replace. (2) For this Act, adjoining premises owned by the same person are taken to be one premises. (3) For this Act, 2 or more swimming pools are taken together to comprise one swimming pool if they are: (a) situated at the same premises; and (b) in close proximity to one another. 5 Residential buildings (1) A residential building is: (a) a building that is solely or principally used for residential purposes; or (b) a caravan or mobile home in a caravan park. (2) A residential building includes any structure (such as a shed or garage) that is ancillary to the building. (3) A residential building does not include the following: (a) a hotel or motel; (b) premises (other than a house) at which accommodation is provided for a fee, or under a short term lease, for holiday accommodation; (c) a house in which the owner of the premises does not normally reside and at which accommodation is provided for a fee, or under a short term lease, for holiday accommodation; (d) a building that forms part of a complex of buildings that are principally used for non-residential purposes.

Part 1 Preliminary Swimming Pool Safety Act 2004 5 6 Swimming pools (1) A swimming pool is an excavation, structure or vessel (including a spa bath outside a building and a spa pool) that: (a) is capable of being filled with water to a depth of 300 millimetres or more at the deepest point of the swimming pool; and (b) is used, or is designed, manufactured or adapted to be used, solely or principally for swimming, wading, paddling or another human aquatic activity. (2) A swimming pool does not include any of the following structures: (a) a spa bath within a building; (b) a structure within a bathroom that is within a building; (c) a structure within a building to which all points of entry consist of doors, gates or windows that are self-closing and self-latching; (d) a structure that is exempted by the Regulations from the application of this Act. (3) A reference in this Act to a swimming pool includes a reference to the swimming pool barrier, unless the contrary intention appears. 7 Swimming pool barriers (1) A swimming pool barrier is a fence, wall or similar structure intended to form a barrier to a swimming pool and includes a gate or door set in the fence, wall or structure. (2) A swimming pool barrier also includes the following: (a) a wall of a building including a window, gate or door set in the wall; (b) in relation to a spa pool – the lid of the spa pool; (c) a structure or thing specified by the Regulations to be a swimming pool barrier. (3) A swimming pool barrier does not include a fence, wall or structure that consists, or part of which consists, solely of a hedge or vegetation.

Part 2 Safety standards applicable to certain swimming pools Swimming Pool Safety Act 2004 6 Part 2 Safety standards applicable to certain swimming pools 8 Safety standards for new swimming pools (1) A new swimming pool at small premises must be certified under section 18(2) as complying with: (a) the modified Australian Standard; or (b) the non-standard safety provision. (2) A new swimming pool at large premises may be, but is not required to be: (a) certified under section 18(2) as complying with the modified Australian Standard or non-standard safety provision; or (b) acknowledged under section 21 as having been declared to comply with the Community Safety Standard. 9 Safety standards for existing swimming pools (1) An existing swimming pool at small premises may be, but until the premises are sold or leased is not required to be: (a) certified under section 18(2) as complying with the modified Australian Standard or the non-standard safety provision; or (b) acknowledged under section 21 as having been declared to comply with the Community Safety Standard. (2) An existing swimming pool at large premises may be, but is not required to be: (a) certified under section 18(2) as complying with the modified Australian Standard or the non-standard safety provision; or (b) acknowledged under section 21 as having been declared to comply with the Community Safety Standard. 10 Modified Australian Standard (1) The modified Australian Standard for a swimming pool is that: (a) the swimming pool must be enclosed by a swimming pool barrier that: (i) surrounds the swimming pool;

Part 2 Safety standards applicable to certain swimming pools Swimming Pool Safety Act 2004 7 (ii) separates the swimming pool from a residential building at the premises where the swimming pool is situated and from all areas of land or buildings adjoining the premises; and (iii) is designed, constructed, sited and maintained in a manner consistent with the standards prescribed by the Regulations; and (b) if there is a dividing barrier – the owner of the premises at which the swimming pool is situated must, in accordance with the Regulations, give the owner of the adjoining premises the notice prescribed by the Regulations. (2) The Authority must ensure that copies of the following are made available for viewing by members of the public: (a) diagrams illustrating how subsection (1)(a)(i) and (ii) may be applied; (b) the standards prescribed under subsection (1)(a)(iii). 11 Community Safety Standard (1) The Community Safety Standard for a swimming pool is that: (a) the swimming pool barrier must be designed, sited, constructed and maintained in a way that prevents (to the extent that is practicable and reasonable in all the circumstances) a child from gaining unsupervised access to the swimming pool; and (b) if there is a dividing barrier – the owner of the premises at which the swimming pool is situated must, in accordance with the Regulations, give the owner of the adjoining premises the notice prescribed by the Regulations. (2) If a swimming pool is at premises where access to the swimming pool is prevented only by a perimeter boundary, the swimming pool does not comply with the Community Safety Standard. (3) The Regulations may prescribe guidelines to assist in the assessment of compliance with the Community Safety Standard.

Part 2 Safety standards applicable to certain swimming pools Swimming Pool Safety Act 2004 8 12 Non-standard safety provision (1) A swimming pool that does not comply with the modified Australian Standard or Community Safety Standard may be certified as complying with the non-standard safety provision if: (a) the Authority is satisfied that: (i) because of the physical characteristics of the land on which the swimming pool is situated or of the buildings on the land, or the nature of the design and construction of the swimming pool, it is impracticable for the swimming pool to comply with either of those standards or it would be unreasonable to require such compliance; or (ii) the swimming pool meets a precondition for non-standard enclosure specified in this section; and (b) the Authority is satisfied that: (i) access to the swimming pool does not, in all the circumstances, pose an unacceptable risk to a child; (ii) the owner of the premises is aware of the risks posed to a child by the swimming pool; and (iii) if there is a dividing barrier – the owner of the premises at which the swimming pool is situated has, in accordance with the Regulations, given the owner of the adjoining premises the notice prescribed by the Regulations. (2) A swimming pool meets a precondition for non-standard enclosure if any of the following circumstances apply: (a) the swimming pool is at premises that are less than 300 square metres in area and access to the swimming pool from a residential building at the premises is restricted in accordance with the Community Safety Standard or modified Australian Standard; (b) the swimming pool is at premises that have frontage to a body of water (including a permanent creek or river, canal, marina, pond, lake, reservoir or estuary or the sea) and access to the swimming pool from a residential building at the premises is restricted in accordance with the Community Safety Standard or modified Australian Standard;

Part 2 Safety standards applicable to certain swimming pools Swimming Pool Safety Act 2004 9 (c) the swimming pool is a spa pool to which access is able to be restricted at all times when the spa pool is not in use and all points of entry to the area immediately surrounding the spa pool consist of doors, gates or windows, that are self-closing and self-latching; (d) the swimming pool is a spa pool that has a solid lid that is able to be locked in place so as to cover the top of the spa pool at all times when the spa pool is not in use. (3) A swimming pool meets a precondition for non-standard enclosure if: (a) the swimming pool barrier consists of louvre windows fitted with security bars, screens or devices that provide an effective barrier; and (b) the swimming pool barrier does not allow access through an opening that does not have a self-closing and self-latching door or gate. (4) A swimming pool meets a precondition for non-standard enclosure if the swimming pool, or the premises where it is (or is to be) situated, is a member of a class of swimming pools or class of premises prescribed by the Regulations. (5) In this section: residential building only includes a structure such as a garage or shed that is ancillary to a residential building if the structure is itself used for residential purposes. 13 Financial assistance to assist in compliance with safety standards The Minister may authorise a financial assistance scheme to assist owners of premises at which there are existing swimming pools to upgrade the swimming pool barriers to comply with the Community Safety Standard or modified Australian Standard.

Part 3 Interim compliance certificates, compliance certificates and acknowledgment notices Division 1 Interim compliance certificates and compliance certificates Swimming Pool Safety Act 2004 10 Part 3 Interim compliance certificates, compliance certificates and acknowledgment notices Division 1 Interim compliance certificates and compliance certificates 14 Interim compliance certificate before construction at small premises (1) The owner of small premises who intends to have a swimming pool constructed at the premises must, before construction begins, apply to the Authority for an interim compliance certificate. Maximum penalty: 10 penalty units. (2) The application must be in the approved form, contain the information required by the Regulations and be accompanied by the prescribed fee (if any). (3) Before applying for an interim compliance certificate, the owner: (a) must request the Authority for the advice of a pool safety adviser if the swimming pool is to be constructed to comply with the non-standard safety provision; or (b) may request the Authority for the advice of a pool safety adviser if the swimming pool is to be constructed to comply with the modified Australian Standard. 15 Obligations if interim compliance certificate issued (1) This section applies only in relation to the construction of a swimming pool to which an interim compliance certificate relates. (2) Before the contractor begins to construct the swimming pool, the contractor must notify the Authority in the approved form of the date on which construction is to begin. Maximum penalty: If the offender is a natural person – 10 penalty units. If the offender is a body corporate – 100 penalty units.

Part 3 Interim compliance certificates, compliance certificates and acknowledgment notices Division 1 Interim compliance certificates and compliance certificates Swimming Pool Safety Act 2004 11 (3) The contractor must ensure the construction of the swimming pool is in accordance with the particulars and conditions (if any) specified in the interim compliance certificate. Maximum penalty: If the offender is a natural person – 10 penalty units. If the offender is a body corporate – 100 penalty units. (4) If the owner issued with the interim compliance certificate constructs the swimming pool, the obligations imposed on the contractor by this section are imposed instead on the owner. (5) In this section: contractor means the person engaged to construct the swimming pool. 16 Application for compliance certificate after construction of new pool at small premises (1) After the construction at small premises of both a swimming pool and swimming pool barrier, the owner of the premises must apply for a compliance certificate in respect of the swimming pool: (a) within 7 days after completion of construction; and (b) before the pool is filled to a depth of 300 millimetres or more at the deepest point of the swimming pool. Maximum penalty: 10 penalty units. (2) The application must be in the approved form and contain the information required by the Regulations. 17 Applications for compliance certificates generally (1) The owner of small premises at which there is an existing swimming pool may apply to the Authority for a compliance certificate if the swimming pool complies with the modified Australian Standard or non-standard safety provision. (2) The owner of large premises at which there is a new swimming pool or existing swimming pool may apply to the Authority for a compliance certificate if the swimming pool complies with the modified Australian Standard or non-standard safety provision.

Part 3 Interim compliance certificates, compliance certificates and acknowledgment notices Division 1 Interim compliance certificates and compliance certificates Swimming Pool Safety Act 2004 12 (3) The application must be in the approved form, contain the information required by the Regulations and be accompanied by the prescribed fee (if any). 18 Issuing of certificates (1) The Authority must issue an interim compliance certificate to an applicant if the Authority is satisfied about all the information contained in the application for the certificate. (2) The Authority must issue a compliance certificate to an applicant if, following an assessment by a pool safety adviser, the Authority is satisfied that the swimming pool complies with the modified Australian Standard or non-standard safety provision. (3) The Authority may require the applicant for an interim compliance certificate or compliance certificate to provide further information to the Authority or a pool safety adviser. (4) If the Authority is not satisfied about a matter in connection with an application for a compliance certificate, the Authority may: (a) before issuing the certificate, require the applicant to take specified measures to ensure the swimming pool complies with the applicable safety standard; or (b) refuse to issue a compliance certificate. (5) An interim compliance certificate or compliance certificate: (a) must be in the approved form and include the particulars specified by the Regulations; and (b) may include conditions specified by the Authority. 19 Variation and revocation of certificates (1) The Authority may vary an interim compliance certificate or compliance certificate, in accordance with the Regulations, on application by the holder of the certificate or on its own initiative. (2) An application for a variation of a certificate must be in the approved form, contain the information required by the Regulations and be accompanied by the prescribed fee (if any). (3) The Authority may revoke a compliance certificate only in accordance with the Regulations.

Part 3 Interim compliance certificates, compliance certificates and acknowledgment notices Division 3 Swimming pools on common property Swimming Pool Safety Act 2004 13 Division 2 Acknowledgment notices 20 Declaration of compliance (1) The owner of small premises at which there is an existing swimming pool may lodge with the Authority a declaration of compliance if the swimming pool complies with the Community Safety Standard. (2) The owner of large premises at which there is an existing swimming pool or a new swimming pool may lodge with the Authority a declaration of compliance if the swimming pool complies with the Community Safety Standard. (3) The declaration of compliance must be in the approved form, contain the information required by the Regulations and be accompanied by the prescribed fee (if any). (4) Before lodging a declaration of compliance, the owner may request the Authority for the advice of a pool safety adviser. 21 Acknowledgment notice (1) If the Authority is satisfied that a declaration of compliance contains all the information required by the Regulations, the Authority must issue an acknowledgment notice to the person who made the declaration. (2) The acknowledgment notice must be in the approved form and include the particulars specified by the Regulations. Division 3 Swimming pools on common property 22 Definitions In this Division: common property means: (a) in relation to a units plan – the common property in relation to the plan as defined in section 4(1) of the Unit Titles Act 1975; and (b) in relation to a unit title scheme – the common property of the scheme as defined in section 33(1) of the Unit Title Schemes Act 2009.

Part 4 Sale, transfer or residential leasing of small premises with swimming pools Division 1 Sale or transfer of small premises with swimming pools Swimming Pool Safety Act 2004 14 unit means: (a) in relation to a unit plan – a unit of the plan as defined in section 4(1) of the Unit Titles Act 1975; and (b) in relation to a unit title scheme – a unit of the scheme as defined in section 37 of the Unit Title Schemes Act 2009. units plan means a unit plan as defined in section 4(1) of the Unit Titles Act 1975. unit title scheme means a unit title scheme as defined in section 10(1) of the Unit Title Schemes Act 2009. 23 When swimming pools on common property to be certified or notified If there is a swimming pool on common property at small premises comprised of a units plan or unit title scheme, the owner of the common property must ensure the swimming pool is certified or notified: (a) not later than 6 months after the first transfer of an estate in fee simple in a unit in the units plan or unit title scheme; or (b) if the first transfer of an estate in fee simple in a unit in the units plan or unit title scheme occurred before the commencement of this Act – not later than 6 months after that commencement. Maximum penalty: 100 penalty units. Part 4 Sale, transfer or residential leasing of small premises with swimming pools Division 1 Sale or transfer of small premises with swimming pools 24 Restrictions on transfer of interest in small premises with swimming pools (1) This section does not apply in relation to small premises referred to in section 23. (2) The Registrar-General must not, under Part 6 of the Land Title Act 2000, transfer a fee simple interest in small premises at which there is a swimming pool unless there is: (a) in respect a new swimming pool – a compliance certificate; or

Part 4 Sale, transfer or residential leasing of small premises with swimming pools Division 1 Sale or transfer of small premises with swimming pools Swimming Pool Safety Act 2004 15 (b) in respect of an existing swimming pool – one of the following: (i) a compliance certificate or provisional compliance certificate; (ii) an acknowledgment notice together with a purchaser's declaration; (iii) a provisional acknowledgment notice or temporary acknowledgment notice. (3) In ascertaining whether there is a swimming pool at small premises, the Registrar-General may rely on information provided in a statutory declaration made by any of the following persons: (a) the owner and purchaser of the premises, jointly or separately; (b) a legal practitioner; (c) a real estate agent, business agent or conveyancing agent within the meaning of the Agents Licensing Act 1979. 25 Purchaser's declaration A purchaser's declaration is a declaration in the approved form stating: (a) the purchaser of the small premises has seen the acknowledgment notice issued in respect of the swimming pool at those premises; and (b) the purchaser is satisfied the swimming pool complies with the Community Safety Standard. 26 Purchaser may apply for provisional compliance certificate (1) A purchaser of small premises may lodge with the Authority an application for a provisional compliance certificate if: (a) there is a swimming pool at the premises that is not certified or notified; and (b) the purchaser proposes to upgrade the swimming pool to comply with the modified Australian Standard or non-standard safety provision. (2) The application must be in the approved form, contain the information required by the Regulations and be accompanied by the prescribed fee (if any).

Part 4 Sale, transfer or residential leasing of small premises with swimming pools Division 1 Sale or transfer of small premises with swimming pools Swimming Pool Safety Act 2004 16 (3) Before applying for a provisional compliance certificate, the purchaser may request the Authority for the advice of a pool safety adviser. (4) The Authority must, in accordance with the Regulations, issue to the purchaser a provisional compliance certificate if the Authority is satisfied about all the information contained in the purchaser's application. (5) The purchaser must: (a) begin and complete the upgrade within the times specified by the Regulations; and (b) apply for a compliance certificate under section 17 within 7 days after completion of the upgrade. Maximum penalty: 10 penalty units. 27 Purchaser may lodge declaration of proposed compliance (1) A purchaser of small premises may lodge with the Authority a declaration of proposed compliance if: (a) there is a swimming pool at the premises that is not certified or notified; and (b) the purchaser proposes to upgrade the swimming pool to comply with the Community Safety Standard. (2) The declaration of proposed compliance must be in the approved form, contain the information required by the Regulations and be accompanied by the prescribed fee (if any). (3) Before making a declaration of proposed compliance, the purchaser may request the Authority to provide the advice of a pool safety adviser. (4) The Authority must, in accordance with the Regulations, issue to the purchaser a provisional acknowledgment notice if the Authority is satisfied about all the information contained in the declaration of proposed compliance. (5) The purchaser must: (a) begin and complete the upgrade within the times specified by the Regulations; and

Part 4 Sale, transfer or residential leasing of small premises with swimming pools Division 1 Sale or transfer of small premises with swimming pools Swimming Pool Safety Act 2004 17 (b) lodge a declaration of compliance under section 20 within 7 days after completion of the upgrade. Maximum penalty: 10 penalty units. 28 Temporary acknowledgment notice (1) A person may apply to the Authority for a temporary acknowledgment notice to facilitate the transfer of the fee simple interest in prescribed small premises at which there is an existing swimming pool that is not certified or notified. (2) For subsection (1), prescribed small premises are any of the following: (a) small premises that are part of the estate of a deceased person and the fee simple interest is to be transferred, for no consideration, to a surviving spouse or de facto partner, another surviving relative or a member of the deceased person's family; (b) small premises that are part of the property to be transferred in accordance with a property settlement; (c) small premises in respect of which the fee simple interest is to be transferred to a purchaser who is, immediately before the transfer, a tenant-in-common with the Chief Executive Officer (Housing) under a housing scheme; (d) small premises prescribed by the Regulations; (e) small premises in respect of which there is a transfer of the fee simple interest to an immediate family member of the previous registered owner or registered proprietor. (3) The application must be in the approved form, contain the information required by the Regulations and be accompanied by the prescribed fee (if any). (4) The Authority must issue a temporary acknowledgment notice to the applicant if the Authority is satisfied about all the information contained in the application. (5) The temporary acknowledgment notice is revoked by virtue of this section immediately after the transfer of the fee simple interest under the Land Title Act 2000.

Part 4 Sale, transfer or residential leasing of small premises with swimming pools Division 2 Residential leases Swimming Pool Safety Act 2004 18 (6) In this section: Chief Executive Officer (Housing) means the Chief Executive Officer (Housing) established under section 6 of the Housing Act 1982. housing scheme means a prescribed housing scheme under section 22 of the Housing Act 1982. immediate family member means: (a) a spouse or de facto partner; or (b) a parent (including a stepparent) or grandparent; or (c) a child (including a stepchild) or grandchild; or (d) a sibling (including a half sibling). property settlement means a settlement of property under the Family Law Act 1975 (Cth) or the De Facto Relationships Act 1991. Division 2 Residential leases 29 No residential lease of small premises with swimming pool unless certified or notified (1) A landlord must not enter into a tenancy agreement in relation to small premises at which there is a swimming pool unless the swimming pool is certified or notified and there is no contravention of section 31 or 32 (as applicable). Maximum penalty: 10 penalty units. (2) If a tenancy agreement is entered into in contravention of subsection (1), the landlord must, within a reasonable period after the agreement is entered into, take all reasonable steps to ensure that a compliance certificate or acknowledgment notice may be issued in respect of the swimming pool. Maximum penalty: 5 penalty units. (3) In this section: landlord has the same meaning as in the Residential Tenancies Act 1999. tenancy agreement has the same meaning as in the Residential Tenancies Act 1999 and includes an agreement to renew or extend a tenancy.

Part 5 Obligations and orders relating to swimming pools Swimming Pool Safety Act 2004 19 Part 5 Obligations and orders relating to swimming pools 30 Owner of small premises with new swimming pool must hold compliance certificate The owner of small premises at which there is a new swimming pool must hold a compliance certificate in respect of the swimming pool. Maximum penalty: 10 penalty units. 31 Owner to comply with conditions relating to certified swimming pools The owner of premises at which there is a certified swimming pool must ensure that: (a) the swimming pool and swimming pool barrier (if any) are the same, and in substantially the same condition, as on the date on which the compliance certificate in respect of the swimming pool was issued or, if applicable, varied; and (b) the conditions (if any) on which the swimming pool is certified are complied with. Maximum penalty: 10 penalty units. 32 Owner to comply with declaration of compliance The owner of premises at which there is a notified swimming pool must ensure the swimming pool and swimming pool barrier (if any) are the same, and in substantially the same condition, as specified in the declaration of compliance made by the owner. Maximum penalty: 10 penalty units. 33 Gates, doors etc. that give access to swimming pool to be securely closed (1) The owner and occupier of premises at which there is a certified swimming pool or notified swimming pool must ensure that all gates, doors, windows and other structures that provide access to the swimming pool are kept securely closed at all times when they are not in actual use. Maximum penalty: 10 penalty units.

Part 5 Obligations and orders relating to swimming pools Swimming Pool Safety Act 2004 20 (2) It is a defence to a charge of committing an offence against subsection (1) if the owner of the premises establishes that he or she: (a) was not the occupier of the premises when the alleged offence occurred; (b) took all reasonable steps to ensure that the alleged offence would not occur; and (c) was not aware of, and could not reasonably have been expected to be aware of, the facts giving rise to the alleged offence. 34 Occupier to notify owner if swimming pool barrier needs repair The occupier of premises at which there is a certified swimming pool or notified swimming pool must notify the owner of the premises of any maintenance required to a swimming pool barrier at the premises to enable the owner of the premises to comply with this Act. Maximum penalty: 5 penalty units. 35 Owner to ensure swimming pool does not constitute danger to child (1) The owner of premises at which there is a swimming pool that is not certified or notified must, if the premises adjoin a public place, ensure there is a barrier at the premises that prevents a child from gaining unsupervised access to the swimming pool from the public place. Maximum penalty: 10 penalty units. (2) In this section: barrier means a fence, wall or similar structure and includes a gate or door set in the fence, wall or structure.

Part 5 Obligations and orders relating to swimming pools Swimming Pool Safety Act 2004 21 36 Limitation of local government councils' obligations and liability If there is a fence, wall or similar barrier separating premises from land maintained by a local government council, and the fence, wall or barrier forms a swimming pool barrier for a swimming pool at the premises: (a) the council has no obligation to maintain the fence, wall or barrier to comply with the Community Safety Standard, modified Australian Standard or non-standard safety provision or to maintain the land to assist such compliance; and (b) the council is not liable for a personal injury caused because the fence, wall or barrier did not comply with the Community Safety Standard, modified Australian Standard or non-standard safety provision. 37 Authority may issue order (1) The Authority may issue a written order to a person if the Authority is satisfied the person is contravening a provision of this Act as specified in the order. (2) The order may require the person to whom it is directed to take specified measures, within a specified reasonable time, to ensure compliance with the provision. (3) An order is of no effect to the extent that it purports to require measures to be taken: (a) in respect of a certified or notified swimming pool – that are more onerous than those required by the applicable safety standard; or (b) in respect of a barrier referred to in section 35 – that are more onerous than are, in all the circumstances, practicable and reasonable to prevent a child from gaining unsupervised access to the swimming pool. (4) A person must comply with an order directed to the person. Maximum penalty: 5 penalty units. (5) The issuing of an order relating to a contravention of section 30, 31 or 32 imposes a restriction on dealings with the land comprising the premises to which the order relates and enables the Minister to lodge with the Registrar-General a memorandum under section 35(1) of the Land Title Act 2000 in respect of the land.

Part 6 Administration Swimming Pool Safety Act 2004 22 Part 6 Administration 38 Swimming Pool Safety Authority (1) The Minister may, by notice in the Gazette, appoint a person to be the Swimming Pool Safety Authority. (2) The Minister may, by notice in the Gazette, appoint: (a) a person, nominated by the local government council of a local government area specified in the notice, to be the Swimming Pool Safety Authority for that local government area; or (b) a person to be the Swimming Pool Safety Authority for an area specified in the notice. (3) If a person is appointed under subsection (2) for an area, the person appointed under subsection (1) is not the Swimming Pool Safety Authority in respect of the area but may direct a pool safety adviser appointed under section 40(1) to exercise the pool safety adviser's powers, or perform the pool safety adviser's functions, in relation to the area. 39 Delegation (1) The Minister may, in writing, delegate to a person a power or function of the Minister under this Act. (2) The Authority may, in writing, delegate to a person a power or function of the Authority under this Act. (3) A delegation under subsection (1) or (2) may be limited to the exercise of a power, or the performance of a function, in respect of an area specified in the delegation. 40 Pool safety advisers (1) A person appointed under section 38(1) to be the Authority may, by notice in the Gazette, appoint a person to be a swimming pool safety adviser. (2) A person appointed under section 38(2) to be the Authority in respect of an area may, by notice in the Gazette, appoint a person to be a swimming pool safety adviser in respect of the area. (3) A swimming pool safety adviser is, in the exercise of his or her powers or the performance of his or her functions, subject to the directions of the Authority that appointed him or her.

Part 6 Administration Swimming Pool Safety Act 2004 23 41 Identity cards (1) The Minister must issue an identity card in the approved form to the Authority. (2) The Authority must issue an identity card in the approved form to each swimming pool adviser. (3) The Authority must return his or her identity card to the Minister within 14 days after ceasing to be the Authority. Maximum penalty: 1 penalty unit. (4) A pool safety adviser must, within 14 days after ceasing to be a pool safety adviser, return to the Authority the identity card issued to him or her by the Authority. Maximum penalty: 1 penalty unit. 42 Authority may obtain information etc. (1) The Authority may, by conducting appropriate enquiries, satisfy itself about any matter referred to in an application or declaration made under Part 3 or 4. (2) Appropriate enquiries may include requiring further information from the applicant and an assessment by a pool safety adviser of the swimming pool the subject of the application or declaration. 43 Powers of entry and inspection (1) The Authority or a pool safety adviser may, in administering or enforcing this Act, enter premises under the authority of a search warrant issued under section 44. (2) The Authority or a pool safety adviser may, in administering or enforcing this Act, enter premises otherwise than in accordance with a search warrant issued under section 44 if: (a) the Authority or pool safety adviser has a reasonable belief that there is a swimming pool at the premises; (b) reasonable steps are taken to give notice to the owner and the occupier of the premises that the Authority or pool safety adviser intends to enter the premises within 7 days after the notice is given;

Part 6 Administration Swimming Pool Safety Act 2004 24 (c) the entry occurs: (i) within 7 days after, but not earlier than 24 hours after, the notice is given under paragraph (b); or (ii) at an earlier time agreed by the occupier of the premises or, if there is no occupier, the owner of the premises; (d) the entry occurs between 8 am and 6 pm or, if the normal business hours at the premises are not between 8 am and 6 pm, during the normal business hours at the premises; (e) the entry occurs at a time to which the occupier of the premises or, if there is no occupier of the premises, the owner of the premises, has agreed, unless the agreement has been unreasonably withheld, in which case the agreement is not required; and (f) the Authority or adviser, if the owner or occupier so requests, displays the identity card issued to him or her. (3) The Authority or a pool safety adviser may enter premises (other than a residential building) in accordance with subsection (2), although subsection (2)(c), (d) and (e) have not been complied with, if the entry is urgently required for a reason prescribed by the Regulations. (4) The Authority or a pool safety adviser may enter a residential building only if: (a) the occupier of the building agrees or, if there is no occupier of the building, if the owner of the building agrees; or (b) the Authority or adviser is acting under the authority of a search warrant issued under section 44. (5) The Authority or a pool safety adviser may, at premises (including a residential building) entered in accordance with this section, do any of the following: (a) carry out an inspection that he or she considers relevant to the administration or enforcement of this Act; (b) take photographs, including video recordings, or make sketches or other records of the premises or things at the premises; (c) inspect and take copies of a document as defined in Part 1 of the Dictionary at the end of the Evidence (National Uniform Legislation) Act 2011;

Part 6 Administration Swimming Pool Safety Act 2004 25 (d) request a person at the premises to provide assistance in carrying out an investigation of the premises. (6) A person must not (other than by refusing to agree to permit the Authority or a pool safety adviser to enter a residential building): (a) obstruct the Authority or pool safety adviser in exercising a power of entry or inspection under this Act; or (b) refuse to provide assistance to the Authority or pool safety adviser in carrying out an investigation of the premises when the person is requested to do so under subsection (5)(d). Maximum penalty: 5 penalty units. 44 Search warrants (1) The Authority or a pool safety adviser may apply to a justice of the peace, by information on oath, for a search warrant in relation to the premises specified in the information if the Authority believes on reasonable grounds that an offence against this Act or the Regulations is being committed at the premises. (2) A justice of the peace may issue a search warrant authorising the Authority and pool safety advisers to enter premises specified in the information to which the warrant relates, including a residential building at the premises, if the justice of the peace is satisfied that there are reasonable grounds to suspect that an offence against this Act or the Regulations is being committed at the premises in relation to a swimming pool. (3) A search warrant authorises the Authority and pool safety advisers accompanying the Authority: (a) to enter premises, including a residential building at the premises, and, if necessary, to use reasonable force to do so; and (b) to do anything referred to in section 43(5) at the premises and in the residential building. (4) A search warrant must: (a) state the purpose for which it is issued; (b) state the nature of the alleged offence in respect of which the entry is authorised; (c) specify the hours during which entry to the premises or a residential building at the premises is authorised; and

Part 7 Review of decisions Swimming Pool Safety Act 2004 26 (d) specify the date on which the warrant ceases to have effect, which is to be not later than 30 days after the date on which the warrant is issued. 45 Approved forms The Authority may approve forms to be used under this Act. 46 Prescribed fees The Minister may, by notice in the Gazette, prescribe fees payable under this Act. 47 Protection from liability (1) This section applies to a person who is or has been: (a) the Chief Executive Officer of the Agency administering this Act; (b) the Authority; or (c) a pool safety adviser. (2) The person is not civilly or criminally liable for an act done or omitted to be done by the person in good faith in the exercise or purported exercise of a power, or the performance or purported performance of a function, under this Act. (3) Subsection (2) does not affect any liability the Territory would, apart from that subsection, have for the act or omission. Part 7 Review of decisions 48 Review by NTCAT (1) NTCAT has jurisdiction to review a decision (a reviewable decision) specified in Schedule 2. (2) An affected person, for a reviewable decision, is a person specified in Schedule 2 for the decision. (3) An affected person for a reviewable decision may apply to NTCAT for review of the decision. Note for section 48 The Northern Territory Civil and Administrative Tribunal Act 2014 sets out the procedure for applying to the Tribunal for review and other relevant matters in relation to reviews.

Part 8 Miscellaneous Swimming Pool Safety Act 2004 27 Part 8 Miscellaneous 51 Dividing barriers (1) Subject to subsection (2), any expenses associated with constructing, altering, repairing, replacing or maintaining a dividing barrier required for compliance with this Act or the Regulations are to be borne by the owner of the premises at which the swimming pool is (or is to be) situated. (2) If there are adjoining premises at each of which there is (or is to be) a swimming pool: (a) the location or proposed location of a dividing barrier is to be as agreed between the owners of the premises, subject to the requirements of this Act; and (b) the expenses associated with constructing, altering, repairing, replacing or maintaining a dividing barrier between the premises are to be borne by both owners of the premises in equal proportions or as otherwise agreed between them. 52 Notices (1) Subject to any express provision, the Authority must, within 14 days after making a decision under this Act, give written notice to the owner of the premises to which the decision relates of the making of the decision and of the reasons for the decision. (2) A notice permitted or required to be given by or under this Act to an owner or occupier of premises may be given: (a) personally; (b) by letter addressed to the owner or occupier and sent by post to the premises; (c) by a letter addressed to the owner or occupier and left at the premises with a person who appears to be of or above the age of 16 years and to reside or be employed at the premises; or (d) by a letter addressed to the owner or occupier and fixed to a conspicuous part of the premises.

Part 8 Miscellaneous Swimming Pool Safety Act 2004 28 53 Defence if swimming pool not able to be used It is a defence to a charge of committing an offence against this Act in relation to a swimming pool if the defendant establishes that, at the time of the alleged offence, the swimming pool: (a) was not intended for use or was incapable of use as a swimming pool because it was dismantled or in the course of alteration, renovation or removal; and (b) was empty or filled with water to a depth less than 300 millimetres at the deepest point of the swimming pool. 54 Continuing offences (1) If, on finding a person guilty of an offence against this Act, a court is satisfied that the person continued to commit the offence after the date on which the person was notified of the alleged offence, the court may, in addition to the penalty (if any) specified for the offence, impose a further penalty. (2) Any further penalty imposed by the court is for each day during which the offence continued to be committed after the date on which the person was notified of the alleged offence. (3) A further penalty must not exceed one penalty unit for each day on which the offence continued. 55 General provisions relating to declarations (1) A person permitted or required by this Act to make a declaration of compliance, declaration of proposed compliance or purchaser's declaration may appoint any of the following persons to make the declaration on his or her behalf: (a) a legal practitioner; (b) a real estate agent, business agent or conveyancing agent within the meaning of the Agents Licensing Act 1979. (2) A person must not make a false statement in a declaration. Maximum penalty: 20 penalty units or imprisonment for 12 months.

Part 8 Miscellaneous Swimming Pool Safety Act 2004 29 56 Regulations (1) The Administrator may make regulations, not inconsistent with this Act, prescribing matters that are: (a) required or permitted by this Act to be prescribed; or (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act. (2) The Regulations may provide for any of the following: (a) matters in connection with applications for interim compliance certificates, provisional compliance certificates or compliance certificates and applications for variations of any of those certificates; (b) matters in connection with declarations of compliance, declarations of proposed compliance, acknowledgment notices, provisional acknowledgment notices and temporary acknowledgment notices; (c) the variation or revocation of interim compliance certificates, provisional compliance certificates and compliance certificates; (d) extensions of time for the upgrade of existing swimming pools in accordance with a provisional compliance certificate or provisional acknowledgment notice; (e) the waiver or refund (in whole or in part) of prescribed fees by the Authority; (f) the circumstances and the manner in which the Authority may exercise a discretion in relation to a matter referred to in paragraphs (a) to (e); (g) restrictions on the use of land surrounding or adjoining a swimming pool barrier, so as to ensure the effective restriction of access by children to the swimming pool; (h) the payment of a prescribed amount instead of a penalty that may otherwise be imposed for an offence against this Act or the Regulations, the service of a notice relating to the payment of the amount on a person alleged to have committed the offence, and the particulars to be included in the notice; (i) penalties for offences against the Regulations not exceeding 5 penalty units for a natural person and 50 penalty units for a body corporate.

Part 8 Miscellaneous Swimming Pool Safety Act 2004 30 (3) The Regulations may apply, adopt or incorporate (either wholly or in part or with or without modification) a standard, code or rule as in force for the time being. (4) The Regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act. (5) The Regulations may provide that a savings or transitional provision takes effect from a date that is earlier than the date of its publication or notification in the Gazette but, if they do so, the provision does not operate so as: (a) to affect, in a manner prejudicial to any person (other than the Territory), the rights of that person existing before the date of its publication or notification; or (b) to impose liabilities on a person (other than the Territory) in respect of anything done or omitted to be done before the date of its publication or notification. 57 Repeal The Swimming Pool Fencing Act 2002 (No. 66 of 2002) and the Swimming Pool Fencing Amendment Act 2003 (No. 53 of 2003) are repealed. 58 Transitional provisions The provisions set out in the Schedule apply.

Schedule 1 Transitional provisions Swimming Pool Safety Act 2004 31 Schedule 1 Transitional provisions section 58 Part 1 Transitional matters for Swimming Pool Safety Act 2004 1 Definitions In this Part: certificate of registration means a certificate of registration in force under the repealed Act immediately before the commencement day. commencement day means the day on which this Act comes into operation. former compliance certificate means a compliance certificate in force under the repealed Act immediately before the commencement day. former order means an order issued under section 33 of the repealed Act. registered swimming pool means a swimming pool in respect of which a certificate of registration is in force immediately before the commencement day. repealed Act means the Swimming Pool Fencing Act 2002 as in force immediately before the commencement day. 2 Registered swimming pools that are certified swimming pools (1) A registered swimming pool stated in the certificate of registration to be registered as being enclosed in accordance with the appropriate Australian Standard in accordance with section 13 or 17 of the repealed Act is taken to be a certified swimming pool that complies with the modified Australian Standard. (2) A registered swimming pool stated in the certificate of registration to be registered as being enclosed with a non-standard enclosure under section 19 of the repealed Act in accordance with section 14 or 18 of that Act is taken to be a certified swimming pool that complies with the non-standard safety provision. (3) A former compliance certificate in relation to premises at which there is a registered swimming pool referred to in subclause (1) or (2) is revoked on the commencement day.

Schedule 1 Transitional provisions Swimming Pool Safety Act 2004 32 (4) A certificate of registration in respect of a registered swimming pool referred to in subclause (1) or (2) is taken to be a compliance certificate in respect of that swimming pool. (5) The Authority may, on application by the holder of a certificate of registration or on its own initiative, issue a compliance certificate in substitution for a certificate of registration referred to in subclause (1) or (2). 3 Registered swimming pools that are not certified swimming pools (1) The following registered swimming pools are not taken to be certified swimming pools: (a) a swimming pool that is stated in the certificate of registration to be registered as satisfying the requirements of a clause in Schedule 2 of the repealed Act in accordance with section 12 of that Act; (b) a swimming pool that is stated in the certificate of registration to be registered as being authorised under section 15 of the repealed Act. (2) The certificate of registration for a swimming pool referred to in subclause (1) is revoked on the commencement day. (3) Subject to clause 4, the former compliance certificate in relation to a swimming pool referred to in subclause (1) is revoked on the commencement day. 4 Contracts of sale not completed (1) The Registrar-General may transfer the fee simple interest in small premises at which there is a swimming pool if: (a) there is a former compliance certificate in relation to those premises; and (b) the contract of sale in relation to those premises was entered into before the commencement date. (2) On the transfer of the fee simple interest, the former compliance certificate in relation to the premises is revoked.

Schedule 1 Transitional provisions Swimming Pool Safety Act 2004 33 5 Applications not fully dealt with (1) If on the commencement day any application to the Authority has not been decided, the Authority must continue to deal with the application in the manner the Authority considers to be appropriate and reasonable in the circumstances. (2) In dealing with an application referred to in subclause (1), the Authority may do any of the following: (a) return the application to the applicant if it is no longer required under this Act; (b) require the applicant to make a further application in accordance with this Act or the Regulations; (c) deal with the application as if made under this Act; (d) return any fee paid by the applicant in connection with the application; (e) advise the applicant of the applicant's obligations or options under this Act; (f) require the applicant to provide the Authority with further information; (g) direct a pool safety adviser to give advice to the applicant. 6 Former orders not fully complied with (1) A person issued with a former order is not required to comply with the order. (2) As soon as practicable after the commencement day, a pool safety adviser must assess the swimming pool to which the former order relates and the Authority must, after considering the assessment, take the actions the Authority considers appropriate and reasonable in the circumstances. (3) Actions that may be taken by the Authority include either or both of the following: (a) advising the person to whom the former order was issued of the person's obligations and options under this Act; (b) issuing an order under section 37.

Schedule 1 Transitional provisions Swimming Pool Safety Act 2004 34 7 Appointments under repealed Act to continue (1) A person who immediately before the commencement day was appointed as the Swimming Pool Fencing Authority under section 41(1) or (2) of the repealed Act is taken to be a person appointed as the Swimming Pool Safety Authority under section 38(1) or (2) respectively. (2) A person who immediately before the commencement day was appointed as an inspector under section 43(1) or (2) of the repealed Act is taken to be a person appointed as a swimming pool safety adviser under section 40(1) or (2) respectively. (3) A person who immediately before the commencement day was appointed as a member of the Review Committee established by the repealed Act is taken to be a person appointed as a member of the Review Committee established by this Act. Part 2 Transitional matters for Lands, Planning and Environment Legislation Amendment Act 2025 8 Decisions reviewable by Review Committee (1) For section 48, as inserted by section 50 of the amending Act, a reviewable decision includes a decision that, immediately before the commencement, was subject to review by the Review Committee under Part 7 as in force before the commencement, but for which a review had not been applied for or determined before the commencement. (2) In this clause: amending Act means the Lands, Planning and Environment Legislation Amendment Act 2025. commencement means the commencement of section 50 of the amending Act.

Schedule 2 Reviewable decisions Swimming Pool Safety Act 2004 35 Schedule 2 Reviewable decisions section 48 Item Reviewable decision Affected person 1 A decision of the Authority under section 18(1) not to issue an interim compliance certificate The applicant 2 A decision of the Authority under section 18(4)(b) to refuse to issue a compliance certificate The applicant 3 A decision of the Authority under section 19(1) to vary an interim compliance certificate or compliance certificate The holder of the certificate 4 A decision of the Authority under section 19(1) not to vary an interim compliance certificate or compliance certificate The holder of the certificate 5 A decision of the Authority under section 19(3) to revoke a compliance certificate The holder of the certificate 6 A decision of the Authority under section 21(1) not to issue an acknowledgment notice The applicant 7 A decision of the Authority under section 26(4) not to issue a provisional compliance notice The applicant 8 A decision of the Authority under section 27(4) not to issue a provisional acknowledgment notice The applicant 9 A decision of the Authority under section 28(4) not to issue a temporary acknowledgment notice The applicant 10 A decision of the Authority under section 37(1) to issue an order The person to whom the order is directed

ENDNOTES Swimming Pool Safety Act 2004 36 ENDNOTES 1 KEY Key to abbreviations amd = amended od = order app = appendix om = omitted bl = by-law pt = Part ch = Chapter r = regulation/rule cl = clause rem = remainder div = Division renum = renumbered exp = expires/expired rep = repealed f = forms s = section Gaz = Gazette sch = Schedule hdg = heading sdiv = Subdivision ins = inserted SL = Subordinate Legislation lt = long title sub = substituted nc = not commenced 2 LIST OF LEGISLATION Swimming Pool Safety Act 2004 (Act No. 13, 2004) Assent date 9 March 2004 Commenced 15 March 2004 (Gaz S6, 15 March 2004) Statute Law Revision Act 2007 (Act No. 4, 2007) Assent date 8 March 2007 Commenced 8 March 2007 Local Government (Consequential Amendments) Act 2008 (Act No. 28, 2008) Assent date 14 November 2008 Commenced 1 July 2008 (s 2) Unit Title Schemes Act 2009 (Act No. 14, 2009) Assent date 26 May 2009 Commenced pt 2.3, div 3, sdv 4 and s 135 (to ext ins s 54C): 1 January 2010; s 111: 1 July 2010; rem: 1 July 2009 (s 2, Gaz S30, 26 June 2009, p 1, s 2 Land Title and Related Legislation Amendment Act 2008 (Act No. 3, 2008) and Gaz S30, 26 June 2009, p 1) Evidence (National Uniform Legislation) (Consequential Amendments) Act 2012 (Act No. 23, 2012) Assent date 21 November 2012 Commenced 1 January 2013 (Gaz G51, 19 December 2012, p 4) Penalties Amendment (Miscellaneous) Act 2013 (Act No. 23, 2013) Assent date 12 July 2013 Commenced 28 August 2013 (Gaz G35, 28 August 2013, p 2) Local Government Amendment Act 2014 (Act No. 19, 2014) Assent date 2 June 2014 Commenced s 16: 1 July 2014; s 18: 1 December 2014; rem: 2 June 2014 (s 2)

ENDNOTES Swimming Pool Safety Act 2004 37 Local Court (Related Amendments) Act 2016 (Act No. 8, 2016) Assent date 6 April 2016 Commenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related Amendments) Act 2016 (Act No. 9, 2016) and Gaz S34, 29 April 2016) Jabiru Town Development Repeal Act 2021 (Act No. 29, 2021) Assent date 15 December2021 Commenced 16 December2021 (s 2) Statute Law Revision Act 2023 (Act No. 4, 2023) Assent date 2 March 2023 Commenced 3 March 2023 Lands, Planning and Environment Legislation Amendment Act 2025 (Act No. 25, 2025) Assent date 12 September 2025 Commenced pt 6: nc; rem: 13 September 2025 (s 2(1)) 3 GENERAL AMENDMENTS General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) to: ss . 1, 4, 22, 24, 28, 29, 37, 43 and 55 and sch. 4 LIST OF AMENDMENTS s 3 amd No. 19, 2014, s 26; No. 29, 2021, s 10 s 4 amd No. 28, 2008, s 3; No. 19, 2014, s 26; No. 25, 2025, s 49 s 14 amd No. 23, 2013, s 12; No. 25, 2025, s 53 ss 15 – 16 amd No. 23, 2013, s 12 s 17 amd No. 25, 2025, s 53 s 20 amd No. 25, 2025, s 53 s 22 amd No. 14, 2009, s 161 s 23 amd No. 14, 2009, s 162; No. 23, 2013, s 12 ss 26 – 27 amd No. 23, 2013, s 12; No. 25, 2025, s 53 s 28 amd No. 4, 2007, s 6; No. 4, 2023, s 23 ss 29 – 35 amd No. 23, 2013, s 12 s 36 amd No. 19, 2014, s 26 s 37 amd No. 23, 2013, s 12 s 38 amd No. 19, 2014, s 26 s 41 amd No. 23, 2013, s 12 s 43 amd No. 23, 2012, s 32; No. 23, 2013, s 12 s 44 amd No. 8, 2016, s 45 pt 7 hdg sub No. 25, 2025, s 50 s 48 sub No. 25, 2025, s 50 ss 49 – 50 rep No. 25, 2025, s 50 s 55 amd No. 23, 2013, s 12 s 59 exp No. 13, 2004, s 59(3) sch amd No. 25, 2025, s 51 sch 2 ins No. 25, 2025, s 52

1 Swimming Pool Safety Act 2004

The Act builds around a small set of legal concepts and labels that determine obligations and administrative pathways. Key definitions in s 4 should be read first: "swimming pool", "swimming pool barrier", "small premises" and "large premises", "modified Australian Standard", "Community Safety Standard" and "non‑standard safety provision" drive which rules apply in practice.

Swimming pool (s 6): defined broadly as any excavation, structure or vessel (including spa pools and spa baths outside a building) capable of being filled to 300 mm or more and used for swimming, wading, paddling or other human aquatic activity. Exclusions are listed (for example, spa baths within buildings, structures in bathrooms, or structures within buildings whose points of entry are self‑closing and self‑latching; and any structure the Regulations exempt) (s 6(2)). The Act also expressly treats "swimming pool" references as including the swimming pool barrier unless the contrary intention appears (s 6(3)).
Swimming pool barrier (s 7): a fence, wall or similar structure intended as a barrier, including gates, doors, walls of buildings, lids of spa pools, and other things the Regulations specify. Hedges/vegetation alone are excluded (s 7(3)).
Premises size and class (s 4): "small premises" are under 1.8 hectares, "large premises" 1.8 hectares or more. This numerical threshold is the single bright‑line determinant for many obligations: small premises face stricter compulsory certification requirements for new pools and transfer/lease restrictions (ss 8, 24-29).
Safety standards (Pt 2, ss 8-12): three alternative standards exist:
- Modified Australian Standard: prescribes an enclosed barrier that surrounds the pool and separates it from residential buildings and adjoining land, subject to standards prescribed in the Regulations (s 10).
- Community Safety Standard: a performance‑based standard requiring design, siting, construction and maintenance to "prevent (to the extent practicable and reasonable) a child from gaining unsupervised access" (s 11). The Act disqualifies a pool that relies solely on a perimeter boundary for access restriction (s 11(2)). Regulations may provide guidelines for assessing compliance (s 11(3)).
- Non‑standard safety provision: an administrative escape valve permitting certification where compliance with the other standards is impracticable or unreasonable, subject to Authority satisfaction about risks and owner awareness and to specified preconditions (s 12).
Certification and acknowledgment (Pt 3): The Act differentiates formal compliance certificates (issued after assessment by a pool safety adviser) and acknowledgment notices issued where an owner lodges a declaration of compliance with the Community Safety Standard (ss 18, 20-21). Interim and provisional certificates and temporary/provisional acknowledgment notices are also provided for in sale/upgrade contexts (ss 14-19, 26-28).
Transactional lock and duties (Pt 4 & Pt 5): Transfers of fee simple in small premises with pools are restricted unless specified certificates or acknowledgements are in place (s 24). Tenancies over small premises are similarly constrained unless the pool is certified or notified (s 29). Owners and occupiers of certified or notified pools must maintain declared conditions and keep access points securely closed (ss 31-34), and owners of uncertified pools adjoining public places must provide barriers preventing child access from the public place (s 35).
Administration and enforcement (Pt 6): The Minister appoints an Authority (s 38) and the Authority appoints pool safety advisers (s 40). The Authority can require information, inspect premises, enter on notice or by search warrant (ss 42-44), issue written orders to remedy contraventions (s 37), and vary/revoke certificates following Regulations (s 19). Officials have statutory protection when acting in good faith (s 47). Review rights to NTCAT are specified and limited to a set of decisions in Schedule 2 (s 48 and sch 2).

The Act deliberately leaves many technical details to the Regulations and to diagrams and standards made available by the Authority (s 10(2); s 56). That means the statutory framework sets obligations and administrative routes while delegating the operational content and many procedural timeframes to subordinate instruments and Authority practice.

The Act targets several discrete groups and allocates costs, duties and decision authority among them.

Owners of premises with swimming pools (primary target): Owners carry the main legal burdens. They must apply for interim and compliance certificates for new pools on small premises (ss 14, 16); hold a compliance certificate for a new pool at small premises (s 30); ensure certified or notified pools remain in substantially the same condition as on certification or declaration (ss 31-32); keep gates and doors providing access securely closed when not in use (s 33); respond to occupier notifications of repair needs (s 34); and ensure swimming pools that are not certified/notified but adjoin public places have a barrier that prevents child access from the public place (s 35). Owners also bear the costs of constructing, altering or maintaining dividing barriers unless otherwise agreed (s 51(1)). Transfers of fee simple by the Registrar‑General are restricted unless appropriate certification or notices are in place (s 24), directly affecting owners' ability to sell.
Occupiers and tenants: Occupiers must notify the owner about maintenance needs to barriers (s 34). Landlords are prevented from entering residential leases in respect of small premises with a pool unless it is certified or notified and there is no contravention of ss 31 or 32 (s 29). If a lease is entered in contravention, the landlord must take reasonable steps to enable certification/notification (s 29(2)). Tenants and occupiers therefore may be affected by conditions on right of use and by the owner’s obligations to remedy defects.
Purchasers: A purchaser of small premises with an uncertified pool may be required to take on upgrade obligations. The purchaser can apply for provisional compliance certificates or lodge declarations of proposed compliance and must then complete upgrades within times specified by the Regulations and apply for final certification within seven days of completing the upgrade (ss 26-27). The purchaser also makes the purchaser’s declaration that they have seen the acknowledgment notice and are satisfied the pool complies with the Community Safety Standard (s 25).
Contractors and builders: Contractors constructing swimming pools at small premises must notify the Authority of start dates and ensure construction follows particulars and conditions on an interim compliance certificate, with explicit penalties for non‑compliance (s 15).
Local government councils: The Act excludes pools on Crown land, statutory corporations or local government land from its operation unless used solely as a residential building (s 3(1)-(2)). Further, if a council maintains the land adjacent to premises and its fence or barrier forms a swimming pool barrier, the council has no statutory obligation to maintain that barrier to the Act’s standards and is not liable for personal injury caused by non‑compliance (s 36).
The Authority, pool safety advisers and the Minister: The Minister appoints an Authority (s 38); the Authority appoints pool safety advisers (s 40), approves forms (s 45), may require information, issue or refuse certificates (ss 18-19), issue orders (s 37), and seek search warrants to enter premises (ss 43-44). The Authority and advisers are protected from personal liability for acts done in good faith (s 47).
Prospective landlords and conveyancers: The Registrar‑General is instructed not to transfer fee simple titles for small premises with pools unless appropriate certification or notices are provided (s 24). Conveyancers, solicitors and real estate agents may be utilised in statutory declarations the Registrar‑General may rely upon (s 24(3)).
Children and the public (indirectly): Although not decision‑makers in the legal sense, the statutory regime is designed to alter property maintenance and transaction behaviour to reduce unsupervised child access to pools. The Act explicitly defines "child" as under 5 years (s 4), and several provisions target prevention of unsupervised access from private or public areas (ss 11-12, 35).

The Act therefore concentrates regulatory obligations and compliance costs on private owners, purchasers and landlords of small premises with pools; gives administrative and enforcement authority to the appointed Authority and pool safety advisers; and limits some municipal exposure while allowing the Minister to authorise financial assistance for upgrades (s 13), which would affect the distribution of upgrade costs if implemented.

This section summarises the principal legal obligations, procedural rights and administrative powers created or preserved by the Act and cites the relevant sections.

Owner duties

Pre‑construction filing at small premises: The owner intending to construct a swimming pool at small premises must apply for an interim compliance certificate before construction begins (s 14(1)). Failure is an offence (maximum 10 penalty units) (s 14(1)-(2)).
Post‑construction application: After completing construction of a new pool and its barrier at small premises, the owner must apply for a compliance certificate within seven days and before filling the pool to 300 mm or more (s 16(1)). Maximum penalty: 10 penalty units.
Hold compliance certificate for new pools: The owner of small premises with a new swimming pool must hold a compliance certificate (s 30), with a maximum penalty of 10 penalty units for non‑compliance.
Maintain certified/notified condition: Owners of certified pools must ensure the pool and barrier remain the same and in substantially the same condition as at certification and comply with certificate conditions (s 31). Owners of notified pools must keep the pool as specified in their declaration (s 32). Both contraventions carry a maximum penalty of 10 penalty units.
Secure closure of access: Owners and occupiers must ensure gates, doors, windows and other access structures are kept securely closed when not in use (s 33(1)). Defence available if the owner proves not an occupier at the time, took reasonable steps, and was not and could not reasonably be expected to be aware of the facts leading to the offence (s 33(2)). Maximum penalty: 10 penalty units.
Barrier for pools adjoining a public place: Owner of an uncertified/unnotified pool adjoining a public place must ensure a barrier prevents child access from the public place (s 35). Maximum penalty: 10 penalty units.
Dividing barrier cost allocation: Ordinarily, the owner at which the pool is situated bears expenses for constructing or maintaining a dividing barrier, but if both adjoining premises contain pools, costs are to be borne equally unless agreed otherwise (s 51).

Occupier duties

Notify owner of repairs: Occupiers must notify the owner of maintenance required to a pool barrier (s 34), maximum penalty 5 penalty units.

Contractor duties

Notify start of construction and follow certificate conditions: Contractors building under an interim compliance certificate must notify the Authority of the start date and ensure construction conforms to interim certificate particulars and conditions. Penalties escalate for bodies corporate up to 100 penalty units (s 15).

Authority powers and administrative rights

Certification and refusal: The Authority must issue an interim certificate if satisfied with application information (s 18(1)), and issue a compliance certificate following assessment by a pool safety adviser if satisfied compliance is met (s 18(2)). The Authority may require further information or require corrective measures before issuing or refuse to issue (s 18(3)-(4)).
Variation and revocation: The Authority may vary certificates and, in accordance with the Regulations, revoke compliance certificates (s 19).
Orders and enforcement: The Authority may issue written orders requiring measures within specified timeframes to remedy contraventions (s 37). Orders cannot require measures more onerous than the applicable standards for certified/notified pools (s 37(3)). Failure to comply is an offence with a maximum penalty of 5 penalty units; issuance of an order can impose a restriction on dealings with the land and enable the Minister to lodge a memorandum under the Land Title Act (s 37(5)).
Entry and inspection: The Authority and advisers may enter premises with a search warrant and otherwise on notice for inspections, take photographs and copy documents, and request assistance (ss 43-44). Obstruction attracts a maximum penalty of 5 penalty units (s 43(6)).

Rights of affected persons

Procedural protections and review: Decisions of the Authority listed in Schedule 2 are reviewable by NTCAT; affected persons are defined for each reviewable decision (s 48; sch 2). The Authority must provide written notice to owners within 14 days after making decisions under the Act, stating reasons (s 52(1)).
Appealable decisions: Schedule 2 enumerates reviewable decisions, including refusal to issue an interim compliance certificate (s 18(1)), refusal to issue a compliance certificate (s 18(4)(b)), decisions to vary or revoke certificates (s 19), refusal to issue acknowledgment or provisional/temporary notices (ss 21(1), 26(4), 27(4), 28(4)) and the issuing of an order (s 37(1)).

Regulatory and delegated discretion

Regulations and standards: The Act delegates substantive detail to Regulations, including the content of standards, procedures for applications, timeframes for upgrades, fees, criteria and guidelines for assessing the Community Safety Standard, and the ability to adopt or incorporate technical standards (s 56). The Authority must make certain diagrams and standards available for public viewing (s 10(2)).

Criminal and declaratory provisions

False declarations offence: A person must not make a false statement in a declaration (declaration of compliance, proposed compliance or purchaser's declaration) with a maximum penalty of 20 penalty units or 12 months imprisonment (s 55(2)).
Continuing offences: Courts can impose additional daily penalties where an offence continued after notification (s 54).

Financial assistance and exemptions

Financial assistance: The Minister may authorise a financial assistance scheme to assist owners of existing pools to upgrade to the applicable standards (s 13). This authorisation is discretionary and not prescriptive.

These duties and rights create a compliance ecosystem: owners and purchasers pay for upgrades, the Authority evaluates and documents compliance, and NTCAT provides a defined statutory review route for certain Authority decisions.

The Act combines criminal penalties, administrative orders, registrational restrictions and tribunal review to enforce its requirements. Penalty quantum is expressed in penalty units; the Act contains specific maxima for different contraventions and provides for daily continuing penalties in some circumstances.

Criminal and summary penalties

Varying maximum penalties: The Act sets a range of penalties depending on the contravention. Examples:
- Failure to apply for an interim compliance certificate before construction at small premises is an offence with maximum 10 penalty units (s 14(1)-(2)).
- Contractors failing to notify start of construction or to ensure construction conforms to the interim certificate face maximum penalties of 10 penalty units for a natural person and 100 penalty units for a body corporate (s 15(2)-(3)).
- Failure to apply for the post‑construction compliance certificate within seven days at small premises is a maximum 10 penalty units (s 16(1)).
- Entry/inspection obstruction attracts a maximum penalty of 5 penalty units (s 43(6)).
- Failure by landlords to not enter into a tenancy agreement for small premises with a pool unless certified or notified is 10 penalty units; subsequent failure to take steps to enable certification/notification is 5 penalty units (s 29(1)-(2)).
- Failure by occupiers to notify owners of required barrier maintenance is 5 penalty units (s 34).
- False statements in authorised declarations carry a maximum penalty of 20 penalty units or 12 months imprisonment (s 55(2)).
Continuing offences: If a court convicts a person and is satisfied the offence continued after notification of the alleged offence, the court may impose a further penalty for each day that the offence persisted, not exceeding one penalty unit per day (s 54).

Administrative enforcement tools

Orders (s 37): The Authority may issue a written order to a person it believes is contravening the Act, specifying measures and a reasonable time to ensure compliance. Orders cannot require measures more onerous than the applicable standard (s 37(3)). Failure to comply with an order is an offence subject to a maximum penalty of 5 penalty units (s 37(4)). Importantly, the issuing of an order relating to contraventions of ss 30-32 imposes a restriction on dealings with the land (s 37(5)), enabling the Minister to lodge a memorandum against the title under the Land Title Act , a registrational encumbrance that can affect sales.
Revocation and variation of certificates (s 19): The Authority can vary interim/compliance certificates in accordance with the Regulations and revoke compliance certificates in accordance with the Regulations. Revocation has practical enforcement effects because compliance certificates are prerequisites to sale and leasing in small premises contexts (ss 24-29).
Registrational bar on transfers (s 24): The Registrar‑General is not to transfer fee simple interests in small premises with pools unless prescribed certification/acknowledgement combinations are present. This is a powerful transactional enforcement device: lack of certificate or acknowledgment can prevent market transfer of title.

Inspection and compelled entry

Entry powers (s 43): The Authority or pool safety adviser may enter premises with a search warrant (s 44) and may also enter without a warrant on reasonable notice for inspections, subject to conditions including notice and entry during specified hours, or earlier if agreed by the occupier/owner (s 43(2)). Residential buildings may only be entered with occupier or owner consent or under a search warrant (s 43(4)). Inspectors can photograph, sketch, copy documents and require assistance (s 43(5)).
Search warrants (s 44): A justice of the peace may issue a search warrant where an Authority or adviser has reasonable grounds to suspect an offence. A warrant must state purpose, nature of alleged offence, hours authorised for entry and an expiry not later than 30 days from issue (s 44(4)).

Protections for officials

Protection from liability (s 47): The Chief Executive Officer, the Authority and pool safety advisers are not civilly or criminally liable for acts or omissions done in good faith in the exercise of powers under the Act. The subsection does not affect any liability the Territory would otherwise have.

Review and procedural safeguards

Notice requirements (s 52): The Authority must give written notice to the owner within 14 days after making a decision under the Act, and state reasons for the decision. This procedural duty supports the right to seek review.
NTCAT review (s 48; sch 2): Schedule 2 lists the decisions subject to review by NTCAT, and defines the affected persons for each reviewable decision. That list includes refusals to issue certificates or notices and decisions to issue orders and vary or revoke certificates. Thus administrative decisions that materially affect property rights or obligations are amenable to administrative tribunal review.

Financial and practical levers

Fees and Regulations (ss 46, 56): Fees can be prescribed by Gazette (s 46) and Regulations can provide for payment of prescribed amounts in lieu of penalties and adopt standards. Consequently, enforcement practice can be shaped by regulatory settings.
Registry reliance on declarations (s 24(3)): The Registrar‑General may rely on statutory declarations by parties such as purchasers, owners, legal practitioners or conveyancers when ascertaining whether a swimming pool exists at small premises, creating an administrative reliance mechanism that simplifies registry operations but also places evidential weight on declarations.

Collectively, the enforcement package combines criminal penalties targeted at non‑compliance, administrative orders backed by registrational restrictions and inspection/enforcement powers, with review rights focused on a specified set of administrative decisions. The use of registry controls and orders that can be registered on title are effective transactional levers that convert compliance into a precondition for property dealing.

The Act interfaces with multiple legislative frameworks and anticipates interaction with land and tribunal law, local government responsibilities and national standards. The Act also expressly prevails in case of inconsistency with other Acts (s 3(3)).

Land title and registry law

Land Title Act and Registrar‑General duties: The Act directly modifies title dealings by instructing the Registrar‑General not to transfer fee simple interests in small premises with a pool unless certain certificates or notices are produced (s 24). It permits the Registrar‑General to rely on statutory declarations from owners, purchasers, legal practitioners, real estate or conveyancing agents to determine existence of a pool (s 24(3)). The Act also contemplates the Minister lodging a memorandum under s 35(1) of the Land Title Act 2000 following an order (s 37(5)), creating a registrational encumbrance that affects land dealings.

Planning, building and development regulation

Interaction with building laws and approvals: The Act requires interim compliance certificates before construction at small premises (s 14) and subsequent compliance certificates (s 16). It does not displace building permit regimes but adds a parallel compliance track specifically for pool barriers and safety standards; construction contractors must notify the Authority of commencement and conform to interim certificate conditions (s 15). Where building approvals and swimming pool safety approvals overlap, property owners will need to satisfy both regimes , the Act does not repeal or amend building/planning laws, but it prevails in case of inconsistency (s 3(3)). The Act also defers technical details to the Regulations (s 56), which may adopt standards and provide guidelines.

Residential tenancies and landlord‑tenant law

Residential Tenancies Act link: The Act borrows definitions from the Residential Tenancies Act 1999 for "landlord" and "tenancy agreement" and directly constrains leasing activity: landlords must not enter into tenancies for small premises with pools unless the pool is certified or notified (s 29). That creates a cross‑regulatory compliance obligation for landlords under both tenancy law and this safety regime.

Unit title and strata schemes

Unit Titles and Unit Title Schemes Acts: The Act contains specific provisions for pools on common property in units plans or unit title schemes (s 22 and s 23). Owners of common property must ensure pools are certified or notified within six months after the first transfer of fee simple in a unit plan or, if transfers predate commencement, within six months after commencement (s 23). Schedule 1 and other amendments reference the Unit Title Schemes Act and Unit Titles Act, reflecting integration with the strata/units legal framework.

Local government and Crown land

Exclusion and limits on council obligations: The Act excludes its operation on Crown, statutory corporation or local government occupied land, except where the property is used solely as a residential building (s 3(1)-(2)). Moreover, it relieves local government councils of obligations to maintain fences/walls that form a swimming pool barrier, and bars council liability for personal injury caused because such a barrier did not comply with the applicable standards (s 36). This shifts maintenance obligations to private owners while protecting councils from statutory liability under this Act.

Administrative law and tribunal review

NTCAT review: The Act designates certain Authority decisions as reviewable by NTCAT (s 48 and sch 2). This brings the regime within the broader administrative law architecture, enabling affected persons to seek merits review as provided by the Northern Territory Civil and Administrative Tribunal Act 2014 (s 48 note).

Evidence law and document copying

Evidence (National Uniform Legislation) Act 2011: Section 43(5)(c) authorises inspection and copying of documents, citing the definition of "document" from the Evidence (National Uniform Legislation) Act 2011. This indicates an interaction with uniform evidence provisions.

Adoption of standards and Regulations

Adoption of external standards: The Regulations may apply, adopt or incorporate (wholly or in part, with or without modification) a standard, code or rule as in force for the time being (s 56(3)). This opens a pathway for the Act to be operationalised with reference to national Australian Standards or other technical codes, but the Act retains the power to define modifications (s 10).

Transitional and repeals

Repeal of prior Act and transitional arrangements: The Act repeals the Swimming Pool Fencing Act 2002 (s 57) and contains transitional provisions that convert certain certificates of registration under the repealed Act into compliance certificates under the new Act (sch 1). The Schedule also carries forward appointments and provides for dealing with unfinished applications and former orders (sch 1).

In short, the Act sits alongside and interacts with property, planning, tenancy, unit title and administrative law frameworks. It creates a specialised overlay focused on pool safety that can affect title transfers, building works and leasing, while relying on Regulations and other Acts to determine many technical and procedural interactions.

The Act, originally enacted as the Swimming Pool Safety Act 2004 (Act No. 13, 2004), has been amended several times; the endnotes in the reprint list specific amending Acts up to September 2025. The Act also formally repealed the earlier Swimming Pool Fencing Act 2002 at s 57 and contains transitional provisions in Schedule 1 to manage the transfer of existing registrations and orders into the new regime.

Key amendatory instruments recorded in the reprint endnotes include:

Statute Law Revision Act 2007 (Act No. 4, 2007): amendments and formal revisions recorded in the endnotes.
Local Government (Consequential Amendments) Act 2008 (Act No. 28, 2008): appears in the list of legislation as an amendment that took effect from 1 July 2008.
Unit Title Schemes Act 2009 (Act No. 14, 2009): amendments to reference unit title concepts; s 22 was amended by No. 14 of 2009, s 161 and s 23 by s 162.
Evidence (National Uniform Legislation) (Consequential Amendments) Act 2012 (Act No. 23, 2012): consequential amendments, particularly to s 43.
Penalties Amendment (Miscellaneous) Act 2013 (Act No. 23, 2013): amended ss 14-16, 17, 20, 23, 26-27, 29-35, 37, 41, 43, 55, and the schedule (as recorded in the consolidated list). These appear to adjust enforcement, penalties and administrative provisions.
Local Government Amendment Act 2014 (Act No. 19, 2014): amended s 3 and s 36 and s 38 and formal provisions.
Local Court (Related Amendments) Act 2016 (Act No. 8, 2016): amended s 44 relating to search warrant processes.
Jabiru Town Development Repeal Act 2021 (Act No. 29, 2021): locus in list of legislative changes, with consequent commencement dates.
Statute Law Revision Act 2023 (Act No. 4, 2023): small formal revisions; noted amendment to s 28.
Lands, Planning and Environment Legislation Amendment Act 2025 (Act No. 25, 2025): several consequential amendments to the Act were made, including modifications to Pt 7 heading, s 48 and Schedule 2; these amendments were assented to 12 September 2025 and parts commenced 13 September 2025. The Schedule of amendments and the consolidated list at the end of the reprint record formal changes to sections including s 4, s 14, s 17, s 20, ss 26-27, ss 29-35, s 37, s 38, and the Schedule.

Transitional arrangements

Schedule 1 contains detailed transitional provisions addressing registered swimming pools and certificates under the repealed Act: it converts many certificates of registration into compliance certificates (sch 1 cl 2), revokes certain former certificates and orders (sch 1 cl 3-4), provides for the Registrar‑General to proceed with transfers under contracts entered before commencement where a former compliance certificate exists (sch 1 cl 4), and requires the Authority to deal with pending applications prudently (sch 1 cl 5). It also preserves existing appointments by converting former inspectors and the former Authority into persons under the current Act (sch 1 cl 7).

Record keeping and consolidation

The endnotes list both formal and minor general amendments of a technical nature made by later Acts such as the Interpretation Legislation Amendment Act 2018, which adjusted formal references across several sections. The consolidated list of amendments in the reprint identifies each section amended and the instrument effecting the amendment.

Implications of amendment history

The amendment history shows that the Act has been iteratively refined to integrate with other Territory legislation (unit title, evidence, local government, and planning/land issues) and to adjust enforcement procedures and penalties. The 2025 amendment creating or clarifying review rights and altering Pt 7 heading indicates ongoing calibration of administrative review pathways. The persistent delegation of detail to Regulations suggests flexibility in operationalising the scheme and leaves many practical changes to subordinate instruments rather than primary‑law overhaul.

For practitioners, the amendment history emphasises the need to consult the consolidated and current text and the Regulations for operative details and any Ministerial notices (fees, appointment notices) that implement or adjust the statutory framework.

The Act and the materials provided do not record any judicial decisions or litigation outcomes. The reprint contains no case law references and Schedule 2 and s 48 provide for administrative review by the Northern Territory Civil and Administrative Tribunal (NTCAT) rather than court‑level judgments. The Act itself identifies which administrative decisions are reviewable by NTCAT and designates affected persons for each listed decision (s 48; Schedule 2). Those reviewable items include refusals to issue interim or compliance certificates (s 18(1); s 18(4)(b)), variation or revocation decisions (s 19), refusals to issue acknowledgment notices and provisional/temporary notices (ss 21(1); 26(4); 27(4); 28(4)) and the issuance of orders (s 37(1)).

Because the statutory review route is to NTCAT, any contested decisions arising under the Act will follow the procedural code set out in the Northern Territory Civil and Administrative Tribunal Act 2014, which sets out time limits, standing, evidence rules and grounds of review for merits review in that Tribunal (see s 48 note). The Act’s design to funnel administrative disputes to a tribunal rather than the courts suggests that most substantive factual disagreement about compliance assessments, the practicality or reasonableness of non‑standard enclosures, or the imposition of conditions on certificates will be resolved first in NTCAT.

Absent recorded cases in the provided source, this reprint provides no precedent to guide the interpretation of key discretionary terms in the Act such as "practicable and reasonable" in the Community Safety Standard (s 11(1)(a)), the Authority's assessment of whether a swimming pool "poses an unacceptable risk to a child" for non‑standard certification (s 12(1)(b)(i)), or the exercise of discretion regarding variation/revocation of certificates (s 19(1)-(3)). The Regulations may supply guidelines for some of these assessments (s 11(3); s 56), and pool safety advisers perform assessments that inform the Authority’s decisions (s 18(2)). Any future litigation or tribunal decisions will likely focus on the Authority's factual assessments, the application of the delegated standards, and the boundaries of the Authority's discretion as set out in the Act and Regulations.

Practitioners should therefore monitor NTCAT decisions and any judicial appeals from NTCAT to develop an evidential and legal strategy for contesting or defending Authority decisions. Until administrative decisions generate published tribunal or court decisions, interpretation of contested terms will be governed by the text of the Act, the content of Regulations and the Authority’s published diagrams and standards (s 10(2)).

This Act has several practical traps for owners, purchasers, landlords, contractors and advisers. The following are specific mechanics and legal pitfalls, grounded in the statutory text.

Premises size bright line: small premises = under 1.8 hectares (s 4). The obligations for small premises are substantially stricter for new pools, transfers and leases. Parties may inadvertently treat a property as "large" when it is "small" and thereby fail to comply with mandatory certification or pre‑transfer documentary requirements (ss 8(1), 24-29).

Pre‑construction requirement: For small premises, failure to apply for an interim compliance certificate before construction is an offence (s 14(1)) and contractors must notify the Authority before beginning construction (s 15(2)). The Act imposes strict timeframes; contractors who start work without complying may face penalties (s 15). Owners who themselves undertake construction inherit the contractor obligations (s 15(4)). That sequence can be overlooked in standard building contract workflows where pool permits are sought through the council rather than the Authority.

Tight post‑construction timing: After completing a new pool and barrier at small premises, the owner must apply for a compliance certificate within 7 days and before filling to 300 mm or more (s 16(1)). That short window can be missed if not coordinated with builders and certifiers.

Transactional block on transfers: The Registrar‑General cannot register transfers of fee simple in small premises with a pool unless specified certificates or acknowledgment notices are in place (s 24(2)). A common transactional risk is that vendors and purchasers only become aware of this requirement late in the sale process, leading to delays or aborted settlements. The Registrar‑General may rely on statutory declarations from conveyancers, solicitors or agents (s 24(3)), but those declarations carry risk if inaccurate.

Leases constrained: Landlords may not enter a tenancy for small premises with a swimming pool unless certified or notified and there is no contravention of ss 31 or 32 (s 29(1)). Entering leases in contravention attracts a penalty and requires remedial steps (s 29(2)). Landlords who habitually renew tenancy agreements without checking certification risk penalties.

Perimeter boundary cannot do the job: The Community Safety Standard does not recognise a perimeter boundary as a compliant means of preventing child access (s 11(2)). Properties that rely on a perimeter fence around the lot, absent specific pool barrier measures, will not meet the Community Safety Standard.

Regulatory detail left to subordinate law: Many operationally crucial elements are delegated to the Regulations , prescribed standards for the modified Australian Standard (s 10(1)(a)(iii)), timeframes for upgrades (ss 26(5), 27(5)), fees (s 46), guidelines for assessing the Community Safety Standard (s 11(3)) and the manner in which the Authority may exercise discretion (s 56(2)(f)). That means that the Act's high‑level requirements are frequently fleshed out only in delegated instruments and administrative practice. Practitioners must check current Regulations and Authority guidance rather than rely only on the Act.

Non‑standard certification is discretionary and fact‑intensive: Certification under the non‑standard safety provision requires the Authority to be satisfied that compliance with primary standards is impracticable or unreasonable, or certain preconditions hold (s 12(1)-(2)). This creates evidential and persuasive burdens on owners applying for non‑standard treatment. The Authority also must be satisfied an owner is aware of risks and has given required notices if there is a dividing barrier (s 12(1)(b)(ii-iii)). The Act contemplates an Authority assessment informed by a pool safety adviser (s 18(2)), so applicants should gather technical evidence before applying.

Purchaser upgrade obligations with short windows: Purchasers applying for provisional certificates or lodging declarations of proposed compliance must begin and complete upgrades within times specified by the Regulations and apply for the certification or declaration of compliance within seven days after upgrade completion (ss 26(5), 27(5)). The timeline is fixed by Regulations; delays risk liability and transactional failure.

Local council fence caveat: If a council's fence forms a swimming pool barrier, the council is not under obligation to maintain it to the Act's standards and is not liable for personal injury caused because it failed to comply (s 36). Owners who assumed municipal maintenance will assume unexpected costs.

Documents and false statements serious offence: False statements in declarations carry significant penalties , 20 penalty units or up to 12 months imprisonment (s 55(2)). Agents or legal practitioners who file declarations on behalf of clients (permitted under s 55(1)) carry risk and must verify facts.

Inspection and entry nuances: The Authority may enter premises without a warrant in most non‑residential contexts after giving notice (s 43(2)) and can enter residential buildings only with consent or warrant (s 43(4)). Failure to understand these notice obligations can lead to unlawful expectations of privacy or surprise inspections.

Orders can restrict land dealings: An Authority order relating to ss 30-32 can impose a restriction on dealings with the land and enable lodging of a memorandum under the Land Title Act (s 37(5)). This creates a practical impediment to sale that owners may not anticipate when an enforcement order is issued.

Financial assistance is discretionary: The Minister may authorise a financial assistance scheme to support upgrades (s 13), but the Act does not guarantee funding. Owners should not assume availability of grants or subsidies.

Taken together, the "gotchas" derive from short statutory timeframes, title transfer impediments, delegated technical detail in Regulations, stringent penalties for false statements, and the potential for authoritative orders to be registered on title. Effective compliance therefore requires early coordination among owners, builders, advisers and the Authority, and attention to Regulations and Authority guidance.

The Act creates a predictable compliance pathway if followed proactively. This section sets out a practical checklist, timing priorities, documentary steps and evidence to assemble, all based on the Act’s text and the Regulations it contemplates.

Determine status and applicable standard

Identify whether premises are "small" (under 1.8 hectares) or "large" (s 4 definitions). This classification determines mandatory certification for new pools, and transfer and lease constraints (ss 8, 24-29).
Establish whether the water structure meets the statutory definition of "swimming pool" (s 6). If the structure is a spa bath within a building, or otherwise excluded by s 6(2) or by the Regulations, the Act will not apply.

Pre‑construction planning (small premises)

If building a new pool at small premises, apply for an interim compliance certificate before construction begins (s 14(1)). Use the approved form and include required information and prescribed fee (s 14(2)).
If intending to rely on a non‑standard safety provision for construction, request the advice of a pool safety adviser before applying (s 14(3)(a)). For modified Australian Standard construction, the adviser may be requested (s 14(3)(b)).
Ensure the contractor is aware of the interim certificate and the statutory requirement to notify the Authority of the start date before commencing work (s 15(2)). Contractors must conform to particulars and conditions in the interim certificate (s 15(3)).

Construction completion and immediate follow‑up (small premises)

After completing a new pool and barrier at small premises, apply for a compliance certificate within 7 days and before filling the pool to 300 mm or more (s 16(1)). Applications must use the approved form and include Regulations‑required information (s 16(2)).
For large premises, compliance certificates are optional (s 8(2), s 17(2)) but advisable to document compliance.

Existing pools and voluntary certification

Owners of existing pools at small premises may apply for compliance certificates if they meet the modified Australian Standard or non‑standard safety provision; owners of pools at large premises may also apply (s 17).
For Community Safety Standard compliance, lodge a declaration of compliance and request pool safety adviser advice in advance if desired (s 20). The Authority will issue an acknowledgment notice if the declaration contains required information (s 21).

Sales and transfers

If selling small premises with a pool, ensure that a compliance certificate, provisional compliance certificate, acknowledgment notice with purchaser's declaration, provisional acknowledgment notice or temporary acknowledgment notice is available to satisfy the Registrar‑General (s 24(2)).
Where a purchaser intends to upgrade the pool, consider lodging an application for a provisional compliance certificate or a declaration of proposed compliance, and follow the Regulations’ timeframes for commencing and completing upgrades and lodging the final compliance documentation (ss 26-27). Use the pool safety adviser to pre‑assess upgrade plans.

Leasing

Landlords must not enter into residential leases for small premises with pools unless certified or notified and without contravening ss 31 or 32 (s 29). Before advertising or signing tenancy agreements, confirm certification/acknowledgment and documented compliance.

Maintenance and operational duties

For certified/notified pools, ensure the pool and barrier remain in substantially the same condition and that all certificate conditions are complied with (s 31). Keep gates, doors and other access points securely closed at all times when not in use (s 33(1)). Document maintenance and inspections to defend against allegations of negligence or contravention.
Occupiers should immediately notify owners of any barrier maintenance needs (s 34). Owners should keep logs and respond promptly.

Dealing with dividing barriers and neighbours

If a dividing barrier is required, identify whether adjoining premises contain pools and agree on location and cost allocation. Ordinarily, the owner of the premises with the pool bears the cost; if both adjoining premises have pools, costs are shared equally unless otherwise agreed (s 51).

Use of pool safety advisers and evidence compilation

Use pool safety advisers to assess compliance before applying. The Authority must issue compliance certificates following an assessment by a pool safety adviser (s 18(2)).
Compile technical evidence (measurements, drawings, photographs, product specifications) showing how the barrier meets the modified Australian Standard or the Community Safety Standard, and records of any non‑standard preconditions (s 12). Keep copies of all correspondence with the Authority and of any interim or provisional certificates.

Responding to orders, inspections and enforcement

If the Authority issues an order (s 37), comply within the specified reasonable time. Orders may be registrable and can restrict dealings with the land (s 37(5)). Seek prompt legal or technical advice if a proposed order requires measures that may be costly or disruptive.
Be prepared for Authority entry and inspections. If notice is given (s 43(2)), ensure access is provided and documents are available; if a warrant is served (s 44), co‑operate with lawful inspection, but preserve legal challenges if entry is unlawful.

Avoid false statements and document accuracy

Do not make false statements in any declaration (declaration of compliance, purchaser's declaration, declaration of proposed compliance). False declaration penalties are significant (s 55(2)). If a legal practitioner, agent or conveyancer is appointed to make a declaration on behalf of a client, ensure due diligence (s 55(1)).

Check Regulations and Authority material

The Act delegates many details to Regulations (s 56) and requires availability of diagrams and standards (s 10(2)). Always verify the current Regulations, prescribed fees (s 46), forms (s 45), and Authority guidance before acting.

Consider financial assistance options

The Minister may authorise a financial assistance scheme to help owners upgrade pools (s 13). Check whether the Minister has authorised any assistance and the eligibility and application process.

Practical compliance summary: early assessment, use of pool safety adviser input, coordination among owner/contractor/conveyancer, timely applications for interim/provisional/compliance certificates, accurate and documented declarations, and proactive maintenance are the core actions to avoid penalties and transfer/lease impediments under the Act. Where doubt exists about the application of the modified Australian Standard versus the Community Safety Standard or the availability of non‑standard certification, document the constraints and seek the Authority's advice and a pool safety adviser assessment before incurring expenditure or concluding transactions.

Swimming Pool Safety Act 2004

Plain English Summary

Deep Dive

What it does

Current sections

Swimming Pool Safety Act 2004

Source text: opening excerpt

1 Swimming Pool Safety Act 2004

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply