New South Wales Consolidated Acts

SWIMMING POOLS ACT 1992 - SECT 28

28 Inspectors may exercise certain powers of entry

(1) An inspector:

(a) may enter any premises in or on which he or she suspects that a swimming pool is situated, and

(b) may examine the premises and, in particular, any swimming pool, and any barrier or other means of restricting access to any swimming pool, situated in or on the premises.

(2) An inspector may not enter such part of any building as is used for residential purposes, or any moveable dwelling, otherwise than with the consent of the occupier of the building or dwelling or under a search warrant issued under section 29.

(3) Before exercising the functions conferred by this section in respect of any premises, an inspector must seek the consent of the occupier of the premises to the inspector’s exercise of those functions.

(4) If an inspector is unable to obtain the consent of the occupier of the premises, the inspector may exercise those functions (in respect only of that portion of premises not comprising such part of a building as is used for residential purposes and not comprising a moveable dwelling):

(a) after 24 hours have elapsed since the inspector has served notice on the occupier of his or her intention to exercise those functions, and

(b) between 9.00 am and sunset.

(5) An inspector (other than a police officer) who is exercising the functions conferred by this section in respect of any premises is required, on demand made by any person in or on the premises, to produce his or her certificate of identification for inspection by that person.