South Australian Consolidated Acts South Australian Consolidated Acts (1) In this
section—
"new prescribed requirements" means requirements imposed by regulations made
for the purposes of this definition;
"old prescribed requirements" means the requirements of the (now repealed)
Swimming Pools (Safety) Act 1972 (as in existence immediately before the
repeal of that Act);
"owner" of a swimming pool means—
(a)
where the swimming pool is a fixture to, or forms part of land—the owner
of the land;
(b) in
any other case—the owner of the structure that constitutes the
swimming pool;
"prescribed event" means an event or circumstance prescribed by the
regulations as constituting a prescribed event for the purposes of this
section;
"prescribed swimming pool" means a swimming pool—
(a)
approved, constructed or installed before 1 July 1993; and
(b)
formerly subject to the requirement imposed by the (now repealed) Swimming
Pools (Safety) Act 1972 to be fenced or otherwise enclosed;
"swimming pool" means an excavation or structure that is capable of being
filled with water and is used primarily for swimming, wading, paddling or the
like and includes a bathing or wading pool or spa pool (but not a spa bath);
"swimming pool safety features" means a fence, barrier or other structure or
equipment prescribed by regulation.
(2) The regulations
may require the owner of a prescribed swimming pool to ensure that
swimming pool safety features are installed in accordance with the
new prescribed requirements before, or on the occurrence of, a
prescribed event.
(3) Until the
occurrence of a prescribed event, the owner of a prescribed swimming pool must
ensure that swimming pool safety features are installed and maintained in
accordance with either—
(a) the
old prescribed requirements; or
(b) the
new prescribed requirements.
(4) On and after the
occurrence of a prescribed event, the owner of a prescribed swimming pool must
ensure that swimming pool safety features are installed and maintained in
accordance with the new prescribed requirements.
(5) The owner of a
swimming pool other than a prescribed swimming pool must ensure that
swimming pool safety features are installed and maintained in accordance with
the new prescribed requirements.
(6) A person who
contravenes, or fails to comply with, a requirement under this section
(including a requirement imposed under subsection (2)) is guilty of an
offence.
Penalty: Division 4 fine.
(7) The regulations
may require a council to establish a swimming pool inspection policy that
complies with any requirements prescribed by the regulations.
(8) A regulation
cannot be made under subsection (7) unless the Minister has given the LGA
notice of the proposal to make a regulation under that subsection and given
consideration to any submission made by the LGA within a period (of between 3
and 6 weeks) specified by the Minister.