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SWIMMING POOLS ACT 1992 - NOTES

- As at 11 November 2009 - Act 49 of 1992

Note to Part 1

This Part contains provisions which are helpful to the understanding of the Act as a whole, as well as some machinery provisions. This Part also defines the kinds of swimming pools to which it applies and sets out the general duties of a local authority in connection with swimming pools.

Note to Part 2

This Part sets out requirements with which swimming pools must comply before they are considered to be safe. These requirements vary:
• as between residential buildings, movable dwellings, hotels and motels, and
• as between outdoor swimming pools and indoor swimming pools.
Certain exemptions apply automatically to existing swimming pools, to swimming pools situated on large properties and to swimming pools situated on waterfront properties. Local authorities are given the discretion to grant other exemptions where compliance with the requirements would be impracticable or unreasonable in particular cases. The door or gate giving access to a swimming pool is required to be kept securely closed when the door or gate is not in actual use and a warning sign is required to be erected near any swimming pool.

Note to Part 3

This Part provides for the appointment of inspectors and for the functions that inspectors may exercise. These functions include a power of entry to premises that, in the case of residential premises, may be exercised only with the consent of the occupier or under the authority of a search warrant. This Part also enables a local authority to seek an order from the Land and Environment Court to remedy or restrain any breach of the Act.

Note to Part 4

This Part contains provisions consequential on or ancillary to the operation of this Act. The provisions deal with:
• the establishment of a Pool Fencing Advisory Committee to consider data on drownings and near drownings
• inconsistencies between this Act and other Acts
• the apportionment of the expenses of constructing dividing fences
• service of notices under this Act
• the issuing of penalty notices for offences against this Act
• the manner in which proceedings for offences against this Act are to be dealt with
• the exclusion of certain liabilities
• the making of regulations
• other machinery matters

See also:

Swimming Pools Amendment Bill 2009

Reprint history:

Reprint No 1   28 August 2001  

Historical notes

The following abbreviations are used in the Historical notes:

Am amended LW legislation website Sch Schedule
Cl clause No number Schs Schedules
Cll clauses p page Sec section
Div Division pp pages Secs sections
Divs Divisions Reg Regulation Subdiv Subdivision
GG Government Gazette Regs Regulations Subdivs Subdivisions
Ins inserted Rep repealed Subst substituted

Table of amending instruments

Swimming Pools Act 1992 No 49. Assented to 10.7.1992. Date of commencement, 1.8.1992, sec 2. This Act has been amended as follows:

1992 No 57 Statute Law (Miscellaneous Provisions) Act (No 2) 1992. Assented to 8.10.1992.
Date of commencement of the provision of Sch 1 relating to the Swimming Pools Act 1992, assent, Sch 1.
1995 No 11 Statute Law Revision (Local Government) Act 1995. Assented to 9.6.1995.
Date of commencement of the provisions of Sch 1 relating to the Swimming Pools Act 1992, 23.6.1995, sec 2 (1) and GG No 77 of 23.6.1995, p 3279.
1999 No 31 Statute Law (Miscellaneous Provisions) Act 1999. Assented to 7.7.1999.
Date of commencement of Sch 5, assent, sec 2 (1).
No 85 Statute Law (Miscellaneous Provisions) Act (No 2) 1999. Assented to 3.12.1999.
Date of commencement of Sch 4, assent, sec 2 (1).
2002 No 103 Law Enforcement (Powers and Responsibilities) Act 2002. Assented to 29.11.2002.
Date of commencement of Sch 4, 1.12.2005, sec 2 and GG No 45 of 15.4.2005, p 1356.
2007 No 94 Miscellaneous Acts (Local Court) Amendment Act 2007. Assented to 13.12.2007.
Date of commencement of Sch 4, 6.7.2009, sec 2 and 2009 (314) LW 3.7.2009.
2008 No 62 Statute Law (Miscellaneous Provisions) Act 2008. Assented to 1.7.2008.
Date of commencement of Sch 2.56, assent, sec 2 (2).

Table of amendments

Sec 4 Am 1995 No 11, Sch 1.
Part 2, Div 2, heading Am 1995 No 11, Sch 1.
Secs 11, 12 Am 1995 No 11, Sch 1.
Sec 19 Am 2008 No 62, Sch 2.56.
Sec 22 Am 1992 No 57, Sch 1.
Sec 28 Am 1995 No 11, Sch 1.
Sec 29 Am 2002 No 103, Sch 4.91 [1]-[4].
Sec 32 Am 1995 No 11, Sch 1.
Sec 36 Am 2007 No 94, Sch 4.
Sec 40 Rep 1999 No 85, Sch 4.
Sch 2 Rep 1999 No 85, Sch 4.
Dictionary, heading Am 1999 No 31, Sch 5.103.
Dictionary Am 1995 No 11, Sch 1.