Northern Territory Consolidated Acts Northern Territory Consolidated ActsSchedule Transitional provisions
section 58
1 Definitions
In this Schedule:
"certificate of registration" means a certificate of registration in force under the repealed Act immediately before the commencement day.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"former compliance certificate" means a compliance certificate in force under the repealed Act immediately before the commencement day.
"former order" means an order issued under section 33 of the repealed Act.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"repealed Act" means the Swimming Pool Fencing Act as in force immediately before the commencement day.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as being enclosed in accordance with the appropriate Australian Standard in accordance with section 13 or 17 of the repealed Act is taken to be a certified swimming pool that complies with the modified Australian Standard.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certificate of registration to be registered as being enclosed with a non-standard enclosure under section 19 of the repealed Act in accordance with section 14 or 18 of that Act is taken to be a certified swimming pool that complies with the non-standard safety provision.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.
(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in the certificate of registration to be registered as satisfying the requirements of a clause in Schedule 2 of the repealed Act in accordance with section 12 of that Act;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.
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.
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.