Victorian Current Acts

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BUILDING ACT 1993 - SECT 216D

Register of swimming pools

S. 216D(1) amended by No. 3/2020 s. 30(2).

    (1)     This section applies to a swimming pool that is appurtenant to a Class 1, 2, 3 or 10 building or a Class 4 part of a building.

S. 216D(2) amended by No. 3/2020 s. 30(3).

    (2)     Each council must establish and maintain a register of swimming pools located in the municipal district of the council.

S. 216D(3) amended by No. 3/2020 s. 30(4)(a).

    (3)     The register must contain the prescribed information, records and documents relating to any swimming pool

        (a)     that is registered with the council; or

S. 216D(3)(b) amended by No. 3/2020 s. 30(4)(b).

        (b)     any other swimming pool located in the municipal district of the council of which the council is aware.

    (4)     The register must be maintained in the form and manner prescribed by the regulations.

S. 216D(5) amended by No. 3/2020 s. 30(5)(a).

    (5)     A council must submit, on request, all or any part of the information, records and documents recorded in the register in the prescribed manner to—

S. 216D(5)(a) amended by No. 3/2020 s. 30(5)(b).

        (a)     the Authority for the purposes of its function under subsection (6) or for the performance of any other function of the Authority if the information, record or document is necessary for the performance of that function; and

S. 216D(5)(b) amended by No. 3/2020 s. 30(5)(b).

        (b)     any other prescribed person, agency or body if the information, record or document is necessary for the performance of any function of that person, agency or body.

S. 216D(6) amended by No. 3/2020 s. 30(6).

    (6)     The Authority may publish information on its website regarding the number and types of swimming pools that are located in any municipal district, but must not disclose details of any owner, or the specific location, of a swimming pool.

S. 216D(7) substituted by No. 3/2020 s. 30(7).

    (7)     The following persons, in accordance with the regulations (if any), may inspect a register kept by a council during normal office hours—

        (a)     an owner of land in the municipal district of the council on which a swimming pool is located, but only in relation to any information, record or document recorded in the register relating to that swimming pool;

        (b)     an occupier of land in the municipal district of the council on which a swimming pool is located, but only in relation to any information, record or document recorded in the register relating to that swimming pool;

        (c)     a swimming pool inspector in relation to a swimming pool barrier located in the municipal district of the council, which the inspector has been engaged to inspect;

        (d)     a prescribed person, agency or body if the inspection of the information, record or document is necessary for the performance of any function of the person, agency or body.

S. 216D(8) amended by No. 3/2020 s. 30(8).

    (8)     Subject to this section, a council must ensure that no information, record or document in the register is published or made available to any other person, agency or body.

Division 6—The Crown and public authorities



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