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
Section 1 - Swimming Pool Safety Act 2004 - Swimming Pool Safety Act 2004 | Zoe
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