Australian Capital Territory Numbered Acts

BUILDING (SWIMMING POOL SAFETY) LEGISLATION AMENDMENT ACT 2023 (NO. 46 OF 2023) - SECT 28

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10B     Required documents—Act, s 9 (1) (ja)

    (1)     If the regulated swimming pool was built before 1 May 2023—the following documents are prescribed:

        (a)     a copy of the notifiable instrument made under the Building Act 2004

, section 83H;

        (b)     a document mentioned for whichever of the following circumstances apply:

              (i)     if the pool has been granted a Ministerial exemption from the safety standards—

    (A)     the exemption certificate in force for the pool; and

    (B)     if the pool is exempt from only part of the safety standards—a compliance certificate for the pool to the extent that it is not exempt from the standards;

              (ii)     in any other case—any of the following:

    (A)     a swimming pool disclosure statement for the premises covered by the contract;

    (B)     a compliance certificate for the pool;

    (C)     a certificate of occupancy for the pool and safety barrier that is not older than 5 years after the day it was issued.

    (2)     If the regulated swimming pool was built or substantially altered on or after 1 May 2023—any 1 of the following documents is prescribed:

        (a)     a swimming pool disclosure statement for the premises covered by the contract;

        (b)     a certificate of occupancy for the pool and safety barrier that is not older than 5 years after the day it was issued;

        (c)     a compliance certificate for the pool.

    (3)     In this section:

certificate of occupancy — see the Building Act 2004

, dictionary.

"compliance certificate", for a regulated swimming pool — see the Building Act 2004

, section 83K (1).

"exemption certificate", for a regulated swimming pool — see the Building Act 2004

, section 83D (6).

Ministerial exemption — see the Building Act 2004

, section 83 (1).

regulated swimming pool — see the Building Act 2004

, section 83B (1).

"safety barrier", for a regulated swimming pool — see the Building Act 2004

, section 83 (1).

"standing exemption"—see the Building Act 2004

, section 83 (1).

"substantially altered"—see the Building Act 2004

, section 83L (2).

"swimming pool disclosure statement" means a statement by the owner of the premises covered by the proposed contract stating, to the best of the owner's knowledge and belief and as accurately as the person has been able to find out, the following information:

        (a)     when—

              (i)     the owner purchased the premises; and

              (ii)     the premises were built; and

              (iii)     if the premises were built by the owner—building approval for the premises was granted; and

              (iv)     construction of the pool was completed; and

              (v)     any alterations to the pool were completed; and

        (b)     if a standing exemption applies to the pool—that the pool is subject to a standing exemption and the circumstances for the exemption.