Public Bathing Act 1956 (ACT)
Public Bathing Act 1956 (repealed)
A1956-12
Republication No 10
Effective: 16 June 2017
Republication date: 16 June 2017
As repealed by A2017‑17 s 4
About this republication
The republished law
This is a republication of the Public Bathing Act 1956 (repealed) (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)). It also includes any commencement, amendment, repeal or expiry affecting this republished law to 16 June 2017.
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">
authorised republications to which the Legislation Act 2001 applies
unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $150 for an individual and $750 for a corporation (see Legislation Act 2001, s 133).
Public Bathing Act 1956 (repealed)
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Dictionary 2
3 Notes 2
7 Inspectors 2
Part 5 Public Bathing
28 Definitions––pt 5 3
29 Offences in relation to public bathing conveniences 3
31 Lifesaving apparatus in a public place 4
32 Glass etc in public places 4
33 Removal of animals from public places 4
34 Prohibited bathing areas 5
35 Bathing in dangerous waters 5
Part 6 Miscellaneous
37 Determination of fees 6
38 Regulation-making power 6
Dictionary7
Endnotes
1 About the endnotes 8
2 Abbreviation key 8
3 Legislation history 9
4 Amendment history 13
5 Earlier republications 18
Public Bathing Act 1956 (repealed)
An Act relating to public bathing
Part 1Preliminary
Name of Act
This Act is the Public Bathing Act 1956.
Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.
For example, the signpost definition ‘public bathing convenience, for part 5 (Public Bathing)––see section 28.’ means that the term ‘public bathing convenience’ is defined in that section for part 5.
Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
Notes
A note included in this Act is explanatory and is not part of this Act.
NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
Inspectors
(1)The director‑general may appoint a public servant as an inspector.
Note 1For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.
Note 2In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).
(2)A police officer is also an inspector.
Part 5Public Bathing
Definitions––pt 5
In this part:
pool facility––see the Public Pools Act 2015, section 10.
public bathing convenience means a dressing enclosure, or any other enclosure or building, provided by the Minister in a public place for the use of persons bathing in waters in the vicinity of the enclosure or building, but does not include an enclosure or building in any pool facility.
Offences in relation to public bathing conveniences
A person shall not—
(a)loiter in a public bathing convenience unless he or she has a reasonable excuse for so doing; or
(b)bring into, or deposit in, a public bathing convenience any filth, rubbish or other offensive matter; or
(c)damage, disfigure or write upon a public bathing convenience; or
(d)seek admission, by forcible or other improper means, to a public bathing convenience, or a part of a public bathing convenience, when that convenience or that part is occupied by another person.
Maximum penalty:
(a)for paragraph (a)–1 penalty unit.
(b)for paragraph (b), (c) or (d)–5 penalty units.
Lifesaving apparatus in a public place
Except in the course of attempting to save life, a person shall not, without lawful excuse, break, damage or interfere with any lifesaving apparatus provided by the Minister in a public place for use in saving persons from drowning.
Maximum penalty: 10 penalty units.
Glass etc in public places
A person shall not—
(a)deposit, other than in a receptacle provided for the depositing of rubbish, any broken glass or earthenware, or any article of glass, earthenware or tin, in, or in a public place within 200 yards of the bank of, any river or creek in a public place; or
(b)fail to collect and deposit in a safe place all parts of any article of glass or earthenware broken by him or her in, or in a public place within 200 yards of the bank of, any river or creek in a public place.
Maximum penalty: 5 penalty units.
Removal of animals from public places
(1)When, in the opinion of an inspector, inconvenience or danger may be caused to bathers by the entry of an animal into waters in a public place, he or she may direct a person in charge of the animal to prevent it from entering, or to remove it from, the waters.
(2)A person shall comply with a direction given to him or her by an inspector pursuant to subsection (1).
Maximum penalty: 5 penalty units.
Prohibited bathing areas
(1)The Minister, if he or she thinks it necessary or desirable so to do, may, by a notice exhibited in a prominent place in the vicinity of any waters in a public place, prohibit bathing in those waters.
(2)A person shall not bathe in waters in which bathing is prohibited under subsection (1).
Maximum penalty: 10 penalty units.
Bathing in dangerous waters
If, on any day, an inspector is of opinion that it is dangerous to bathe in any waters in a public place, he or she may warn a person in the vicinity of the waters that it is dangerous to bathe in the waters and a person so warned shall not, after receiving that warning, bathe in those waters on that day.
Part 6Miscellaneous
Determination of fees
(1)The Minister may, in writing, determine fees for this Act.
NoteThe Legislation Act 2001 contains provisions about the making of determinations and regulations relating to fees (see pt 6.3).
(2)A determination is a disallowable instrument.
NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.
Regulation-making power
(1)The Executive may make regulations for this Act.
NoteRegulations must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.
(2)The regulations may make provision for regulating—
(a)bathing in a public place; and
(b)the use of public bathing conveniences.
(3)The regulations may also prescribe offences for contraventions of the regulations and prescribe maximum penalties of not more than 10 penalty units for offences against the regulations.
Dictionary
(see s 2)
Note 1The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2For example, the Legislation Act, dict, pt 1 defines the following terms:
· appoint
· director‑general (see s 163)
· disallowable instrument (see s 9)
· Minister (see s 162)
· penalty unit (see s 133)
· person (see s 160)
· police officer.
inspector means an inspector under section 7.
public bathing convenience, for part 5 (Public Bathing)—see section 28.
Endnotes
About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
Abbreviation key
A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired
Legislation history
This Act was originally a Commonwealth ordinance—the Public Baths and Public Bathing Ordinance 1956 A1956-12 (Cwlth).
The Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4) converted most former Commonwealth ordinances in force in the ACT into ACT enactments. This allowed the ACT Legislative Assembly to amend and repeal the laws. This Act was converted into an ACT enactment on 11 May 1989 (self-government day).
As with most ordinances in force in the ACT, the name was changed from Ordinance to Act by the Self-Government (Citation of Laws) Act 1989 A1989‑21, s 5 on 11 May 1989 (self-government day). The Act was later renamed by the Public Pools Act 2015 (see sch 2 pt 2.1).
Before 11 May 1989, ordinances commenced on their notification day unless otherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth), s 12).
Legislation before becoming Territory enactment
Public Bathing Act 1956 A1956‑12
notified 14 December 1956 (Cwlth Gaz 1956 No 75)
commenced 24 December 1956 (Cwlth Gaz 1956 No 77)
as amended by
Ordinances Revision Ordinance 1959 Ord1959-21 sch 1
notified 23 December 1959 (Cwlth Gaz 1959 No 84)
commenced 31 December 1959 (s 2)
Public Baths and Public Bathing Ordinance 1961 Ord1961-6
notified 18 May 1961 (Cwlth Gaz 1961 No 41)
commenced 18 May 1961
Public Baths and Public Bathing Ordinance 1964 Ord1964-10
notified 21 August 1964 (Cwlth Gaz 1964 No 70)
commenced 21 August 1964
Ordinances Revision (Decimal Currency) Ordinance 1966 Ord1966-19 sch 1 (as am by Ord1967‑36 s 4)
notified 23 December 1966 (Cwlth Gaz 1966 No 109)
commenced 23 December 1966
Ordinances Revision (Decimal Currency) Ordinance 1967 Ord1967-36 s 4
notified 30 November 1967 (Cwlth Gaz 1967 No 102)
commenced 23 December 1966 (s 2)
NoteThis Act only amends the Ordinances Revision (Decimal Currency) Ordinance 1966 Ord1966-19
Public Baths and Public Bathing (Amendment) Ordinance 1988 Ord1988-83
notified 19 December 1988 (Cwlth Gaz 1988 No S396)
commenced 29 December 1988 (s 2 and Cwlth Gaz 1988 No S414)
Self-Government (Consequential Amendments) Ordinance 1989 Ord1989-38 s 38, sch 1
notified 10 May 1989 (Cwlth Gaz 1989 No S160)
s 1, s 2 commenced 10 May 1989 (s 2 (1))s 38, sch 1 commenced 11 May 1989 (s 2 (2) and see Cwlth Gaz 1989 No S164)
Legislation after becoming Territory enactment
Statutory Offices (Miscellaneous Provisions) Act 1994 A1994-97 sch pt 1
notified 15 December 1994 (Gaz 1994 No S280)
s 1, s 2 commenced 15 December 1994 (s 2 (1))sch pt 1 commenced 15 December 1994 (s 2 (2) and Gaz 1994 No S293)
Financial Management and Audit (Consequential and Transitional Provisions) Act 1996 A1996-26 sch pt 27
notified 1 July 1996 (Gaz 1996 No S130)
commenced 1 July 1996 (s 2)
Uncollected Goods (Consequential Provisions) Act 1996 A1996-87 s 6
notified 20 December 1996 (Gaz 1996 No S328)
s 1, s 2 commenced 20 December 1996 (s 2 (1))s 6 commenced 19 March 1997 (s 2 (2) and see Gaz 1997 No S71)
Public Health (Miscellaneous Provisions) Act 1997 A1997-70 sch 3
notified 9 October 1997 (Gaz 1997 No S300)
ss 1-3 commenced 9 October 1997 (s 2 (1))sch 3 commenced 10 July 2001 (s 2 (2) and see Gaz 2001 No S45)
Statute Law Revision (Penalties) Act 1998 A1998-54 sch
notified 27 November 1998 (Gaz 1998 No S207)
s 1, s 2 commenced 27 November 1998 (s 2 (1))sch commenced 9 December 1998 (s 2 (2) and Gaz 1998 No 49)
Public Health (Consequential Amendments) Act 1999 A1999-20 sch 1
notified 14 April 1999 (Gaz No 1999 S16)
commenced 10 July 2001 (s 2 and A1997‑70 s 2)
Legislation (Consequential Amendments) Act 2001 A2001-44 pt 308
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)pt 308 commenced 12 September 2001 (s 2 (1)and see Gaz 2001 No S65)
Sexuality Discrimination Legislation Amendment Act 2004 A2004-2 sch 2 pt 2.7
notified LR 18 February 2004
s 1, s 2 commenced 18 February 2004 (LA s 75 (1))
sch 2 pt 2.7 commenced 22 March 2004 (s 2 and CN2004-4)Criminal Code (Theft, Fraud, Bribery and Related Offences) Amendment Act 2004 A2004-15 sch 2 pt 2.72
notified LR 26 March 2004
s 1, s 2 commenced 26 March 2004 (LA s 75 (1))sch 2 pt 2.72 commenced 9 April 2004 (s 2 (1))
Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.78
notified LR 22 March 2007
s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))sch 3 pt 3.78 commenced 12 April 2007 (s 2 (1))
Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.125
notified LR 30 June 2011
s 1, s 2 commenced 30 June 2011 (LA s 75 (1))sch 1 pt 1.125 commenced 1 July 2011 (s 2 (1))
Public Pools Act 2015 A2015-7 sch 2 pt 2.1
notified LR 31 March 2015
s 1, s 2 commenced 31 March 2015 (LA s 75 (1))
sch 2 pt 2.1 commenced 1 July 2015 (s 2 and CN2015-8)as repealed by
Red Tape Reduction Legislation Amendment Act 2017 A2017-17 s 4
notified LR 14 June 2017
s 1, s 2 commenced 14 June 2017 (LA s 75 (1))
s 4 commenced 15 June 2017 (s 2 (3))
Amendment history
Long title
long titlesub A2015‑7 amdt 2.1
Name of Act
s 1sub A2007‑3 amdt 3.409; A2015‑7 amdt 2.2
Dictionary
s 2om A2001‑44 amdt 1.3346
ins A2007‑3 amdt 3.413
am A2015‑7 amdt 2.3
Notes
s 3om A2001‑44 amdt 1.3346
ins A2007‑3 amdt 3.413
Repeal and saving
s 4am Ord1959‑21 sch 1
om A2001‑44 amdt 1.3346
Interpretation
s 5defs reloc to dict A2007‑3 amdt 3.412
om A2007‑3 amdt 3.413
def the manager om A2007‑3 amdt 3.411
Establishment etc of baths
s 6om A2015‑7 amdt 2.4
Inspectors
s 7sub A1994‑97 sch; A2007‑3 amdt 3.414
(3)-(5) exp 12 April 2008 (s 7 (5) (LA s 88 declaration applies))
am A2011‑22 amdt 1.360
Obstruction of inspectors
s 7Ains A1994‑97 sch
am A1998‑54 sch
om A2004‑15 amdt 2.150
Public baths, other than leased public baths
pt 2 hdgom A2015‑7 amdt 2.5
Meaning of public baths in pt 2
s 8om A2015‑7 amdt 2.5
Admission of public to baths
s 9om A2015‑7 amdt 2.5
Entitlement to admission
s 10 hdgsub A2001‑44 amdt 1.3347
s 10sub Ord1964‑10 s 2
am A2001‑44 amdts 1.3348-1.3350
om A2015‑7 amdt 2.5
Exclusive use of public baths by schools
s 11am A2001‑44 amdt 1.3351, amdt 1.3352
om A2015‑7 amdt 2.5
Persons not entitled to be admitted to baths
s 12am A1997‑70 sch 3; A1999‑20 sch 1
om A2015‑7 amdt 2.5
Hire of articles etc
s 13am Ord1964‑10 s 3; A1998‑54 sch
am A2001‑44 amdt 1.3353
om A2015‑7 amdt 2.5
Charges for admission and services
s 13Ains Ord1964‑10 s 4
om A2001‑44 amdt 1.3354
No sale or hire without Minister’s approval
s 14am A1998‑54 sch
om A2015‑7 amdt 2.5
Swimming coaches and instructors
s 14Ains Ord1961‑6 s 2
am A1998‑54 sch
om A2015‑7 amdt 2.5
Liability for loss of, or damage to, property
s 15am Ord1989‑38 sch 1
om A2015‑7 amdt 2.5
Public baths, including leased public baths
pt 3 hdgom A2015‑7 amdt 2.5
Definitions—pt 3
s 15Ains Ord1988‑83 s 4
sub A2007‑3 amdt 3.415
om A2015‑7 amdt 2.5
def blind person ins A2007‑3 amdt 3.415
om A2015‑7 amdt 2.5
def blind person, deaf person, guide dog and hearing dog ins A1988‑83 s 4
om A2007‑3 amdt 3.415
def deaf person ins A2007‑3 amdt 3.415
om A2015‑7 amdt 2.5
def guide dog ins A2007‑3 amdt 3.415
om A2015‑7 amdt 2.5
def hearing dog ins A2007‑3 amdt 3.415
om A2015‑7 amdt 2.5
Bathing dress
s 16am A1998‑54 sch
om A2015‑7 amdt 2.5
Offences
s 17am Ord1961‑6 s 3; Ord1988‑83 s 5; A1997‑70 sch 3; A1998‑54 sch; A1999‑20 sch 1
om A2015‑7 amdt 2.5
Segregation of sexes in public baths
s 18am A1998‑54 sch
om A2004‑2 amdt 2.15
Lifesaving apparatus in public baths
s 19am Ord1966‑19 sch 1; A1998‑54 sch
om A2015‑7 amdt 2.5
Power of removal
s 20am Ord1988‑83 s 6
om A2015‑7 amdt 2.5
Obstruction of baths staff
s 21am A1998‑54 sch
om A2015‑7 amdt 2.5
Suspected person to give his or her name and address
s 22am A1998‑54 sch
om A2015‑7 amdt 2.5
Lost property
pt 4 hdgom A1996‑87 s 6
Manager to have possession of lost property
s 23om A1996‑87 s 6
Lost Property Register
s 24om A1996‑87 s 6
Claims for lost property
s 25om A1996‑87s 6
Sale or disposal of unclaimed lost property
s 26am Ord1989‑38 sch 1; A1996‑26 sch pt 27
om A1996‑87 s 6
Protection to Commonwealth, managers and other persons
s 27am Ord1989‑38 s 38
om A1996‑87 s 6
Definitions––pt 5
s 28 hdgsub A2015‑7 amdt 2.6
s 28def pool facility ins A2015‑7 amdt 2.7
def public bathing convenience am A2015‑7 amdt 2.8
Offences in relation to public bathing conveniences
s 29am A1998‑54 sch
Segregation of the sexes in a public bathing convenience
s 30am A1998‑54 sch
om A2004‑2 amdt 2.15
Lifesaving apparatus in a public place
s 31am Ord1966‑19 sch 1; A1998‑54 sch
Glass etc in public places
s 32am Ord1961‑6 s 4; A1998‑54 sch
Removal of animals from public places
s 33am A1998‑54 sch
Prohibited bathing areas
s 34am A1998‑54 sch
Penalties not otherwise provided
s 36am Ord1966‑19 sch 1
om A1998‑54 sch
Determination of fees
s 37am Ord1966‑19 sch 1; Ord1989‑38 sch 1; A1998‑54 sch
sub A2001‑44 amdt 1.3355
Regulation-making power
s 38ins A2001‑44 amdt 1.3355
am A2015‑7 amdt 2.9, amdt 2.10
Dictionary
dictins A2007‑3 amdt 3.416
am A2011‑22 amdt 1.361; A2015‑7 amdts 2.11-2.16
def blind person ins A2007‑3 amdt 3.416
om A2015‑7 amdt 2.17
def deaf person ins A2007‑3 amdt 3.416
om A2015‑7 amdt 2.17
def guide dog ins A2007‑3 amdt 3.416
om A2015‑7 amdt 2.17
def hearing dog ins A2007‑3 amdt 3.416
om A2015‑7 amdt 2.17
def inspector sub A1994‑97 sch
reloc from s 5 A2007‑3 amdt 3.412
def leased public baths reloc from s 5 A2007‑3 amdt 3.412
om A2015‑7 amdt 2.17
def manager ins A2007‑3 amdt 3.416
om A2015‑7 amdt 2.17
def public bathing convenience ins A2007‑3 amdt 3.416
def public baths sub A2007‑3 amdt 3.410
reloc from s 5 A2007‑3 amdt 3.412
om A2015‑7 amdt 2.17
Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.
Republication No Amendments to Republication date 1 Ord1989‑38 31 July 1991 2 A1998‑54 31 December 1998 3 A2001‑44 12 September 2001 3 (RI) A2001‑44 11 June 2003 4 A2004‑2 22 March 2004 5 A2004‑15 9 April 2004 6 A2007‑3 12 April 2007 7 A2007‑3 13 April 2008 8 A2011-22 1 July 2011 9 A2015-7 1 July 2015
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