Swimming Pools Amendment Act 2009 (NSW)

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An Act to amend the Swimming Pools Act 1992 to make further provision with respect to ensuring access to private swimming pools is effectively restricted; and for other purposes.

1Name of Act

This Act is the Swimming Pools Amendment Act 2009.

2Commencement

This Act commences on the date of assent to this Act.

Schedule 1Amendment of Swimming Pools Act 1992 No 49[1]Part 1 Preliminary

Omit the Introduction to the Part.

[2]Section 3 Definitions

Omit the section. Insert instead:

3Definitions(1)

In this Act:

area means:

  • (a)

    the area of a council within the meaning of the Local Government Act 1993, or

  • (b)

    the Western Division within the meaning of the Crown Lands Act 1989, or

  • (c)

    Lord Howe Island.

authorised officer means an authorised officer appointed under section 27.

barrier means a fence or a wall, and includes:

  • (a)

    any gate or door set in the fence or wall, and

  • (b)

    any other structure or thing declared by the regulations to be a barrier for the purposes of this Act.

dividing fence has the same meaning as it has in the Dividing Fences Act 1991.

exercise a function includes perform a duty.

function includes a power, authority and duty.

local authority means:

  • (a)

    in relation to premises that are situated within an area within the meaning of the Local Government Act 1993—the council of that area, or

  • (b)

    in relation to premises that are situated within the Western Division within the meaning of the Crown Lands Act 1989—the Western Lands Commissioner, or

  • (c)

    in relation to premises situated on Lord Howe Island—the Lord Howe Island Board.

moveable dwelling has the same meaning as it has in the Local Government Act 1993.

occupier of premises includes any person who is for the time being in charge of the premises and, if there are 2 or more occupiers of the premises, includes any one of the occupiers.

owner of premises has the same meaning as “owner” has in relation to land in the Local Government Act 1993 and, if there are 2 or more owners of the premises, includes any one of the owners.

public authority means a public authority constituted by or under an Act, a local authority, a Government Department or a statutory body representing the Crown.

residential building means a building (such as a dwelling-house, residential flat building or boarding-house) that is solely or principally used for residential purposes, and includes any structure (such as a garage or shed) that is ancillary to any such building, but does not include:

  • (a)

    a building that merely forms part of a complex of buildings (such as a school or recreational centre) that is principally used for non-residential purposes, or

  • (b)

    a moveable dwelling, a hotel or a motel, or

  • (c)

    a shed that is ancillary to a swimming pool and the primary purpose of which is to store equipment that is used in connection with the swimming…

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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.