New South Wales Consolidated Acts

SWIMMING POOLS ACT 1992 - SECT 23A

23A Compliance with direction of local authority

(1) An authorised officer, or a person acting under the direction of a local authority, may carry out some or all of the requirements of a direction given by the local authority under section 23 if:

(a) the person to whom the direction is given fails to comply with the direction within the time specified in the direction, or

(b) the local authority considers that the requirements of the direction need to be carried out urgently as there is a significant risk to public safety.

(2) Before any requirement of a direction is carried out under this section, a local authority or authorised officer must serve on the occupier of the premises a notice of intention to carry out the requirement.

(3) An authorised officer, or a person acting under the direction of a local authority, may enter any premises (other than part of any building, or moveable dwelling, used for residential purposes) in order to exercise functions under this section.

(4) Before entering premises under this section, a local authority or authorised officer must seek the consent of the occupier of the premises to the entry.

(5) If the consent of the occupier of the premises is not able to be obtained, the authorised officer or person acting under the direction of the local authority may only enter the premises:

(a) after 24 hours have elapsed since the consent of the occupier was sought, and

(b) between 9.00 am and sunset.

(6) If an authorised officer, or a person acting under the direction of a local authority, carries out some or all of the requirements of a direction in accordance with this section, the reasonable costs of carrying out those requirements may be recovered as a debt by the local authority in a court of competent jurisdiction from the person to whom the direction was given.