New South Wales Consolidated Acts

SWIMMING POOLS ACT 1992 - SECT 28

28 Power of entry--local authority other than local council

(1) This section applies to an authorised officer who has been appointed by a local authority other than a council.

(1A) An authorised officer who enters premises for any purpose specified in section 27A may examine the premises and, in particular, any swimming pool, and any barrier or other means of restricting access to any swimming pool, situated in or on the premises.

(2) An authorised officer may not enter such part of any building as is used for residential purposes, or any moveable dwelling, otherwise than with the consent of the occupier of the building or dwelling or under a search warrant issued under section 29.

(3) Before exercising the functions conferred by this section in respect of any premises, an authorised officer must seek the consent of the occupier of the premises to the authorised officer's exercise of those functions.

(4) If an authorised officer is unable to obtain the consent of the occupier of the premises, the authorised officer may exercise those functions (in respect only of that portion of premises not comprising such part of a building as is used for residential purposes and not comprising a moveable dwelling)--

(a) after 24 hours have elapsed since the authorised officer has served notice on the occupier of his or her intention to exercise those functions, and

(b) between 9.00 am and sunset.