Public Bathing By-laws

Legislation au C1929L00027 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1929. No. 27.

 

BY-LAWS UNDER THE SEAT OF GOVERNMENT (ADMINISTRATION) ACT 1924-1928.

IN pursuance of the powers conferred on it by section sixteen of the Seat of Government (Administration) Act 1924-1928, the Federal Capital Commission hereby makes, subject to the approval of the Governor-General, the following By-laws to come into operation forthwith.

Dated the twenty-ninth day of November, 1928.

The Common Seal of the Federal Capital Commission was hereunto duly affixed in the presence of—

(l.s.)     J. H. BUTTERS, Chief Commissioner.

C. S. DALEY, Secretary.

Approved in Executive Council this eighth day of March, 1929.

STONEHAVEN

Governor-General.

By His Excellency’s Command,

C. L. A. ABBOTT

Minister of State for Home Affairs.

 

Public Bathing By-laws.

Short title.

1. These By-laws may be cited as the Public Bathing By-laws.

Definitions.

2. In these By-laws, unless the contrary intention appears—

“Inspector” means an inspector appointed under these By-laws;

“Public Bathing Place” means any waters in which the public are entitled to bathe;

“the Commission” means the Federal Capital Commission.

Delegation by Commission.

3.—(1.) The Commission may delegate any of its powers and functions under these By-laws, (except this power of delegation), in relation to any matters or class of matters so that the delegated powers and functions may be exercised by the delegate with respect to the matters or class of matters specified in the instrument of delegation.

(2.) Every delegation under this By-law shall be revocable at will and no delegation shall prevent the exercise of any power or function by the Commission.

Inspectors.

4.—(1.) The Commission may appoint any officer or employee of the Commission to be an inspector under these By-laws.

(2.) Every member of the Police Force of the Territory shall have the powers of an inspector under these By-laws.

636.—Price 3d.


Bathing costumes.

5.—(1.) A person over the age of eight years shall not bathe in any waters exposed to the public view, unless he is clad, so as to secure the observance of decency, in a bathing costume covering the body from neck to knee or of such type as the Commission may specify.

(2.) An inspector may require any person contravening this By-law immediately to resume his ordinary dress.

(3.) Any person who fails immediately to resume his ordinary dress when required so to do by an inspector, shall be guilty of an offence.

(4.) An inspector may, with such force and assistance as are necessary, remove any person committing an offence against the last preceding sub-By-law to the dressing enclosure or shed (if any), adjacent to the place where the offence was committed.

Separation of the sexes.

6.—(1.) Except for the purpose of rendering assistance in case of accident, a male person over the age of eight years shall not trespass upon any dressing enclosure or shed set apart by the Commission for the exclusive use of females and so indicated by a notice exhibited thereon.

(2.) Except for the purpose of rendering assistance in case of accident, a female shall not trespass upon any dressing enclosure or shed set apart by the Commission for the exclusive use of male persons and so indicated by a notice exhibited thereon.

Use of dressing enclosures or sheds.

7.—(1.) A person shall not use for any purpose other than dressing and undressing, any dressing enclosure or shed provided by the Commission.

(2.) A person shall not, without reasonable excuse, loiter in any such dressing enclosure or shed.

(3.) A person shall not bring into or deposit in any such dressing enclosure any filth or rubbish.

(4.) A person shall not damage, disfigure or write in or upon any such dressing enclosure or shed.

Behaviour.

8. A person shall not, in any public bathing place—

(a) behave in an unseemly, improper, riotous or noisy manner to the annoyance of the public; or

(b) use profane or obscene language or behave in an indecent manner.

Bathing in prohibited place.

9.—(1.) A person shall not bathe in any waters in which bathing is prohibited by the Commission by notice exhibited in the vicinity of those waters.

(2.) A person shall not bathe in any waters after being warned by an inspector that it is dangerous for him to bathe in those waters.

Fouling water.

10.—(1.) A person shall not deposit in any public bathing place, or in the waters adjacent thereto, any filth or refuse or any substance or matter which is likely to pollute the waters.

(2.) A person shall not, in any public bathing place or in the waters or on the land adjacent thereto, break any bottle or any glass or earthenware.

(3.) Any person who, in any public bathing place or in the waters or on the land adjacent thereto, unintentionally breaks any bottle or any article of glass or earthenware, shall collect all portions of the


bottle or article and remove them either to a receptacle (if any) provided therefor by the Commission, or to some place beyond the public bathing place or the waters or land adjacent thereto.

Dogs and horses.

11.—(1.) An inspector may, when in his opinion inconvenience may be caused to the public by the bathing of dogs or horses in any waters, order the person in charge of any dog or horse not to send or drive the dog or horse into the waters, or permit the dog or horse to enter the waters.

(2.) Any person who, when so ordered, fails or refuses to obey the order, shall be guilty of an offence.

Interference with life-belts and life-buoys.

12. A person shall not, except in case of accident or danger occurring to a bather rendering their use necessary for the saving of life, use or interfere with the life-belts or life-buoys provided by the Commission at any public bathing place.

Offences.

13. Any person who fails to comply with or contravenes any provision of these By-laws shall be guilty of an offence.

Penalties.

14. Any person who commits an offence against these By-laws shall be liable to a penalty not exceeding Ten pounds.

 

By Authority: H. J. Green, Government Printer, Canberra.

Overview

The Public Bathing By-laws, enacted in 1929 under the Seat of Government (Administration) Act 1924-1928, were created by the Federal Capital Commission to regulate public bathing activities within the Australian Capital Territory. This legislative instrument aimed to establish standards for public decency, safety, and cleanliness at designated public bathing places. The Federal Capital Commission, empowered by the Act, delegated specific powers to inspectors to enforce compliance with these By-laws, ensuring orderly and sanitary conditions at public bathing areas. The policy objective was to maintain public decency, safety, and cleanliness while providing recreational opportunities in public bathing places.

Scope and Application

The Public Bathing By-laws, established under the Seat of Government (Administration) Act 1924-1928, apply to all individuals and entities within the jurisdiction of the Federal Capital Commission, specifically governing conduct and transactions related to public bathing in designated waters within the Australian Capital Territory. The By-laws are designed to regulate behaviour in public bathing areas, ensuring that the public is afforded a safe and decent environment. The Federal Capital Commission, empowered by these By-laws, can delegate certain powers to inspectors, who include appointed officers or employees of the Commission and members of the Territory's Police Force. The By-laws mandate the use of appropriate bathing attire, enforce gender-specific segregation in changing areas, and prohibit the use of these areas for purposes other than dressing and undressing. Additionally, they prohibit certain behaviours such as noise, the use of obscene language, and the deposit of filth or refuse in bathing areas. These regulations extend to the prohibition of bathing in designated areas where it is explicitly forbidden and to the control of the bathing of animals where it may inconvenience the public. The By-laws also include provisions for the use and protection of safety equipment such as life-belts and life-buoys. Any contravention of these By-laws is considered an offence, with penalties not exceeding ten pounds. These By-laws do not specify exclusions or exemptions but are enforced through the power of inspectors and subordinate instruments that may be promulgated by the Federal Capital Commission.

Key Provisions

The Public Bathing By-laws (s.1) establish regulations governing public bathing practices within designated waters in the Federal Capital Territory. The key provisions include requirements for appropriate bathing attire (s.5), separation of the sexes in changing facilities (s.6), and restrictions on the use of these facilities (s.7). Additionally, they prohibit bathing in prohibited areas (s.9), fouling of water with refuse or broken items (s.10), and interference with life-saving equipment (s.12). The by-laws also address the regulation of dogs and horses in bathing waters (s.11). The obligations imposed by the by-laws include mandatory compliance with the specified attire requirements (s.5), adherence to the segregation of genders in dressing enclosures (s.6), and proper conduct in public bathing areas (s.8). Users of the bathing facilities must also ensure they do not loiter, deposit rubbish, or deface the facilities (s.7). Furthermore, individuals are required to refrain from bathing in designated prohibited areas and to heed warnings from inspectors regarding unsafe bathing conditions (s.9). The by-laws also mandate the removal of broken items from bathing areas (s.10) and prohibit the use or interference with life-saving equipment (s.12). Violations of these by-laws constitute offences (s.13). The penalties for such breaches are set out in section 14, which stipulates that any person committing an offence against the by-laws is liable to a penalty not exceeding ten pounds. This penalty applies uniformly to all breaches, regardless of the specific provision contravened.

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By-law / Ordinance
Concepts
Definitions & Interpretation
Prohibited Conduct
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.