(1) A swimming pool is an excavation, structure or vessel (including a spa bath outside a building and a spa pool) that:
(a) is capable of being filled with water to a depth of 300 millimetres or more at the deepest point of the swimming pool; and
(b) is used, or is designed, manufactured or adapted to be used, solely or principally for swimming, wading, paddling or another human aquatic activity.
(2) A swimming pool does not include any of the following structures:
(a) a spa bath within a building;
(b) a structure within a bathroom that is within a building;
(c) a structure within a building to which all points of entry consist of doors, gates or windows that are self-closing and self-latching;
(d) a structure that is exempted by the Regulations from the application of this Act.
(3) A reference in this Act to a swimming pool includes a reference to the swimming pool barrier, unless the contrary intention appears.