BUILDING ACT 1975 - SECT 246AE
Power of local government to inspect regulated pool
BUILDING ACT 1975 - SECT 246AE
Power of local government to inspect regulated pool
246AE Power of local government to inspect regulated pool
(1) This section
applies if—
(a) a pool safety inspector notifies the local government about
a regulated pool under section 246AC(4) ; or
(b) the local government must,
under section 246ADA, inspect a regulated pool.
(2) An employee or agent of
the local government may enter land on which the regulated pool is situated
(the
"pool site" ) to inspect the pool.
(3) If the owner, or an occupier, of the
land is present at the pool site, the employee or agent must do, or make a
reasonable attempt to do, the following things before entering the pool
site—
(a) identify himself or herself to the person, by—
(i) producing his
or her identity card for the person’s inspection before exercising the
power; or
(ii) having the identity card displayed so it is clearly visible to
the person when exercising the power;
(b) tell the person the purpose of the
entry;
(c) seek the consent of the person to the entry;
(d) tell the person
the officer is permitted under this Act to enter the place without the
person’s consent.
(4) However, if it is not practicable to comply with
subsection (3) (a) , the employee or agent must produce the identity card for
the person’s inspection at the first reasonable opportunity.
(5) If the
person is not present, the employee or agent must take reasonable steps to
advise the person of the employee’s or agent’s intention to enter the
place.
(6) Subsections (3) and (4) do not require the employee or agent to
take a step that the employee or agent reasonably believes may frustrate or
otherwise hinder the purposes of the entry.
(7) Subsection (2) does not apply
to the entry of a dwelling.
