Victorian Numbered Acts

BUILDING AMENDMENT (REGISTRATION OF BUILDING TRADES AND OTHER MATTERS) ACT 2018 (NO. 46 OF 2018) - SECT 28

After section 216C of the Principal Act insert —

        " 216D     Register of swimming pools and spas

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

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

    (3)     The register must contain the prescribed information relating to any swimming pool or spa—

        (a)     that is registered with the council; or

        (b)     any other swimming pool or spa 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.    

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

        (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 is necessary for the performance of that function; and

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

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

    (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 or spa is located, but only in relation to any information recorded in the register relating to that swimming pool or spa;

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

        (c)     a swimming pool and spa inspector in relation to a swimming pool or spa 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 is necessary for the performance of any function of the person, agency or body.

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