(1) This section applies if an authorised person believes on reasonable grounds that a person at a pool facility—
(a) has committed, is committing or is about to commit an offence against this Act; or
(b) has contravened, or is likely to contravene, a condition of entry to the pool facility.
Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act
, s 104).
(2) The authorised person may direct the person––
(a) as reasonably necessary for—
(i) the good management of the pool facility; or
(ii) the safety and enjoyment of people at the pool facility; or
(b) to immediately leave the pool facility.
Examples––when direction to leave may be given
1 for drinking alcohol or smoking
2 for damaging infrastructure
3 for other behaviour that contravenes a condition of entry
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act
, s 126 and s 132).
(3) For subsection (1) (b), an authorised person may only give a direction under subsection (2) (b) if the conditions of entry and grounds for removing a person for contravening those conditions are displayed or made available at the entry of the pool facility.
(4) If an authorised person gives a direction under subsection (2) (b) to a person, the authorised person must tell the person that it is an offence to fail to comply with the direction.
(5) A direction under subsection (2) (b) is effective whether or not the person paid an entry fee to the pool facility.