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Contents (2008 - 399)
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Swimming Pools Regulation 2008
Repealed version for 29 June 2018 to 31 August 2018 (accessed 22 April 2019 at 12:02)
Part 6
Part 6 Miscellaneous
18F   Alternative qualification for accredited certifiers
Each category of accreditation under the Building Professionals Act 2005 that authorises the carrying out of inspections under the Swimming Pools Act 1992 is prescribed as an alternative qualification for the purposes of paragraph (b) of the definition of accredited certifier in section 22A of the Act.
19   Directions by local authorities
A local authority that gives a direction under section 23 of the Act to the owner of any premises must include in the direction:
(a)  the reasons for its decision to give the direction, and
(b)  a statement to the effect that the owner of the premises is entitled to appeal to the Land and Environment Court against the decision.
20   Certificates of identification
For the purposes of section 27 (2) of the Act, the prescribed form of certificate of identification is the form set out in Schedule 1.
21   Public access to AS 1926.1—2007, Building Code of Australia and Cardiopulmonary Resuscitation Guideline
(1)  The Department must ensure that a paper copy or electronic version of AS 1926.1—2007, the Building Code of Australia and the Cardiopulmonary Resuscitation Guideline are made available for public inspection at no cost at each public office of the Department during ordinary business hours.
(2)  Each local authority must ensure that a paper copy or electronic version of AS 1926.1—2007, the Building Code of Australia and the Cardiopulmonary Resuscitation Guideline are made available for public inspection at no cost at each public office of the local authority during ordinary business hours.
(3)  The Department and each local authority must ensure that the Cardiopulmonary Resuscitation Guideline is available for viewing on its website.
22   Penalty notices
For the purposes of section 35 of the Act:
(a)  each offence under each section of the Act referred to in the Table to this clause is a prescribed offence, and
(b)  the penalty specified in that Table in respect of each such offence is the prescribed penalty for that offence.
Table
Offence under the Act
Penalty
section 7 (1)
$550
section 12
$550
section 14
$550
section 15 (1)
$550
section 16
$550
section 17 (1)
$110
section 23 (3)
$550
section 30B (1)
$220
22A   Effect of changes to prescribed standards for existing complying swimming pool barriers and means of access
(1)  In this clause, relevant amendment means:
(a)  an amendment to this Regulation that amends or substitutes a standard prescribed for the purposes of a provision of Part 2 of the Act, or
(b)  an amendment to a standard that is prescribed, as in force from time to time, for the purposes of a provision of Part 2 of the Act.
(2)  If a child-resistant barrier for a swimming pool is required to comply with a standard prescribed under a provision of Part 2 of the Act and the standard is amended or substituted by a relevant amendment, the barrier is taken to comply with the amended or substituted standard so long as:
(a)  immediately before the relevant amendment took effect, the barrier complied with the standard that applied to the barrier at that time and the barrier continues to comply with that standard, or
(b)  if the barrier has been substantially altered or rebuilt, the barrier complied with the standard that applied to the barrier when it was so altered or rebuilt and the barrier continues to comply with that standard.
(3)  If the means of access to a swimming pool are required to comply with a standard prescribed under a provision of Part 2 of the Act and the standard is amended or substituted by a relevant amendment, the means of access are taken to comply with the amended or substituted standard so long as:
(a)  immediately before the relevant amendment took effect, the means of access complied with the standard that applied to the means of access at that time and the means of access continue to comply with that standard, or
(b)  if the means of access have been substantially altered or rebuilt, the means of access complied with the standard that applied to the means of access when they were so altered or rebuilt and they continue to comply with that standard.
Note.
 Subclause (3) applies to standards prescribed under provisions of Part 2 of the Act that relate to indoor swimming pools, outdoor swimming pools or both.
23   Existing complying swimming pools may continue to comply with earlier standards
(1)  This clause applies to a swimming pool the construction or installation of which was completed before 1 September 2008.
(2)  It is sufficient compliance with Part 2 of the Act for a swimming pool to comply with that Part on the basis of the requirements of Part 2 of the Swimming Pools Regulation 1998 (as an alternative to compliance on the basis of the requirements of Part 2 of this Regulation).
(3)  However, this clause does not apply:
(a)  in relation to an outdoor swimming pool—if the child-resistant barrier by which access to the swimming pool is restricted is substantially altered or rebuilt, and
(b)  in relation to an indoor swimming pool—if the premises in which the swimming pool is situated are substantially altered or rebuilt in a way that affects the means of access to the swimming pool.
23A   Certificates of compliance
(1)  Despite the repeal of section 24 of the Act by the Swimming Pools Amendment Act 2012, a certificate under that section can be applied for within 6 months after the repeal of that section and can be issued pursuant to such an application as if that section had not been repealed.
(2)  A certificate issued pursuant to such an application is taken to be a certificate of compliance issued under section 22D and remains valid for a period of 3 years from the date on which it was issued.
(3)  Such a certificate ceases to be valid if a direction is issued under section 23 in respect of the swimming pool to which the certificate relates.
24   Savings
Any act, matter or thing that, immediately before the repeal of the Swimming Pools Regulation 1998, had effect under that Regulation is taken to have effect under this Regulation.