New South Wales Consolidated Acts

SWIMMING POOLS ACT 1992 - SECT 25

25 What defences are there to proceedings for offences under this Part?

(1) In any proceedings for an offence under this Part, it is a sufficient defence if the owner of the premises concerned establishes:

(a) that the owner was not the occupier of the premises when the alleged offence occurred, and

(b) that the owner had taken all reasonable steps to ensure that the alleged offence would not occur, and

(c) that the owner was not aware of, and could not reasonably be expected to have been aware of, the facts giving rise to the alleged offence.

(2) In any proceedings for an offence under this Part, it is a sufficient defence if the owner of the premises concerned establishes:

(a) that a certificate has been issued under section 24 in respect of the swimming pool the subject of the alleged offence, and

(b) that, since the certificate was issued, no direction under section 23 has been given in respect of the swimming pool, and

(c) that the child-resistant barrier or other means of restricting access to the swimming pool is the same, and is in substantially the same condition, as that in respect of which the certificate was issued.

(3) In any proceedings for an offence under this Part, it is a sufficient defence if the owner of the premises concerned establishes that, when the alleged offence occurred:

(a) the swimming pool was unassembled, or

(b) the swimming pool was in the course of construction, installation, alteration or renovation and:

• the swimming pool was empty of water or was filled with water to a depth of less than 300 millimetres, or

• appropriate measures had, in the circumstances, been taken for restricting access to the swimming pool.