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Queensland
Building and Other Legislation
Amendment Bill (No. 2) 2010
Queensland
Building and Other Legislation
Amendment Bill (No. 2) 2010
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Part 2 Amendment of Ambulance Service Act 1991
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
4 Insertion of new s 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
23 Requirement to report pool immersion incident . . . . . 8
Part 3 Amendment of Animal Management (Cats and Dogs) Act
2008
5 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
6 Amendment of s 63 (What is a restricted dog) . . . . . . . . . . . . . . . 10
7 Insertion of new s 63A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
63A Provisions for deciding what is a breed of dog . . . . . . 10
8 Omission of s 202 (Veterinary surgeon certificates). . . . . . . . . . . 11
9 Insertion of new ch 10, pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Part 3 Transitional provision for Building and Other
Legislation Amendment Act (No. 2) 2010
223 Provision about s 63A . . . . . . . . . . . . . . . . . . . . . . . . 11
Part 4 Amendment of Building Act 1975
10 Act amended in pt 4 and sch . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
11 Replacement of s 28 (Application to build swimming pool on
residential land and must include fencing) . . . . . . . . . . . . . . . . . . 11
28 Application to build regulated pool . . . . . . . . . . . . . . . 12
12 Amendment of s 231A (Definitions for ch 8). . . . . . . . . . . . . . . . . 12
13 Amendment of s 231B (What is a regulated pool) . . . . . . . . . . . . 17
14 Replacement of ch 8, pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Building and Other Legislation Amendment Bill (No. 2) 2010
Contents
Part 2 Compliance with pool safety standard and
other matters about pool safety
Division 1 Compliance with pool safety standard
232 Compliance with pool safety standard--regulated
pool ................................. 18
Division 2 Requirements about constructing regulated
pool
233 Constructing regulated pool--requirement for
warning sign ......................... 19
234 Constructing regulated pool--requirement for
compliance with pool safety standard. . . . . . . . . . . . . 19
Division 3 Exemptions from compliance with pool safety
standard--disability
Subdivision 1 Applying for exemption and deciding
application
235 Application for exemption--disability . . . . . . . . . . . . . 20
236 Requirement for further information . . . . . . . . . . . . . . 20
237 Decision on application . . . . . . . . . . . . . . . . . . . . . . . 21
238 Notice of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
239 Notice of exemption to be given to chief executive. . . 22
240 Application of pool safety standard under exemption . 22
Subdivision 2 Ending and revocation of exemptions
241 When exemption ends . . . . . . . . . . . . . . . . . . . . . . . . 22
242 Local government may revoke exemption . . . . . . . . . 23
243 Notice of revocation to be given to chief executive. . . 24
Subdivision 3 Miscellaneous
244 Keeping copy of exemption . . . . . . . . . . . . . . . . . . . . 24
Division 4 Exemptions from compliance with pool safety
standard--impracticality
Subdivision 1 Applying for exemption and deciding
applications
245 Application for exemption--compliance impracticable 25
245A Requirement for further information . . . . . . . . . . . . . . 26
245B Decision on application . . . . . . . . . . . . . . . . . . . . . . . 26
245C Notice of decision and application of pool safety
standard under exemption . . . . . . . . . . . . . . . . . . . . . 27
245D Continuation of exemption . . . . . . . . . . . . . . . . . . . . . 27
Subdivision 2 Revocation of exemptions
245E Chief executive may revoke exemption. . . . . . . . . . . . 28
Page 2
Building and Other Legislation Amendment Bill (No. 2) 2010
Contents
Subdivision 3 Appeals
245F Appeals to building and development committee of
decisions under div 4 . . . . . . . . . . . . . . . . . . . . . . . . . 29
Division 5 Reporting, and giving notice of, pool
immersion incidents
245G Requirement to report pool immersion incident . . . . . 29
245H Disclosure of information about pool immersion
incident ............................... 30
245I Giving notice of pool immersion incidents . . . . . . . . . 31
Division 6 Pool safety management plans for particular
pools
Subdivision 1 Preliminary
245J Application of div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
245K Requirement to have pool safety management plan . 32
245L Requirement to comply with approved pool safety
management plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Subdivision 2 Approval, and duration, of pool safety
management plans
245M Application for approval . . . . . . . . . . . . . . . . . . . . . . . 33
245N Requirement for further information . . . . . . . . . . . . . . 33
245O Decision on application . . . . . . . . . . . . . . . . . . . . . . . 33
245P Duration of plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
Subdivision 3 Cancellation of approval and amendment of
approved pool safety management plan
245Q Cancellation or amendment . . . . . . . . . . . . . . . . . . . . 34
245R When decision has effect . . . . . . . . . . . . . . . . . . . . . . 35
Subdivision 4 Appeals
245S Appeals to building and development committee of
decisions under div 6 . . . . . . . . . . . . . . . . . . . . . . . . . 36
Division 7 Miscellaneous
245T Access to regulated pool to be kept secure . . . . . . . . 36
245U Apportioning cost of constructing etc. dividing fence . 36
245V When particular local government exemptions about
requirements for pool fencing end . . . . . . . . . . . . . . . 37
246 When particular local law has no force or effect for
regulated pool. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
15 Insertion of new s 246ACA. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
246ACA Special provision for pool inspection in remote areas 39
16 Insertion of new s 246ADA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
Page 3
Building and Other Legislation Amendment Bill (No. 2) 2010
Contents
246ADA Requirement to inspect particular pools . . . . . . . . . . . 39
17 Amendment of s 246AE (Power of local government to inspect
regulated pool) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
18 Amendment of s 246AG (Show cause notice procedure and
decision) .................................... 41
19 Insertion of new ss 246AIA and 246AIB. . . . . . . . . . . . . . . . . . . . 41
246AIA Keeping records of particular notices . . . . . . . . . . . . . 41
246AIB Local government to give information to chief
executive ............................ 42
20 Amendment of s 246AO (Appeals to building and development
committee of decisions under pt 3) . . . . . . . . . . . . . . . . . . . . . . . 42
21 Insertion of new ch 8, pt 4, divs 3-5. . . . . . . . . . . . . . . . . . . . . . . 42
Division 3 Functions of private certifiers--regulated pools
246ATA Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
246ATB Private certifier to take enforcement action . . . . . . . . 43
Division 4 Obligation to give information to particular
regulated pool owners
246ATC Local government's obligation to give information
about particular regulated pools . . . . . . . . . . . . . . . . . 44
Division 5 Provisions about dealings involving regulated
pools
Subdivision 1 Preliminary
246ATD Definitions for div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
246ATE When pool safety certificate taken to be in effect for
div 5 ................................ 46
Subdivision 2 Offences and other requirements
246ATF Offence about sale of regulated premises . . . . . . . . . 46
246ATG Offence about entering into accommodation
agreement--regulated pool that is not a shared pool 47
246ATH Offences about entering into accommodation
agreement--pool safety certificate in effect for
shared pool ............................ 47
246ATI Offence about entering into accommodation
agreement--pool safety certificate not in effect for
shared pool. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
246ATJ Requirement to obtain pool safety certificate for
regulated pool that is not a shared pool . . . . . . . . . . . 48
246ATK Requirement to obtain pool safety certificate for
regulated pool that is a shared pool . . . . . . . . . . . . . . 49
246ATL Licensee not to ask for, or receive, reward in
particular circumstances . . . . . . . . . . . . . . . . . . . . . . 49
Page 4
Building and Other Legislation Amendment Bill (No. 2) 2010
Contents
22 Amendment of s 246AU (Person must not perform pool safety
inspection functions without licence) . . . . . . . . . . . . . . . . . . . . . . 50
23 Amendment of s 246CK (Making a complaint against a pool
safety inspector) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
24 Amendment of s 246DI (Decision on application and steps after
making decision) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
25 Amendment of s 246FD (Payments from fund) . . . . . . . . . . . . . . 51
26 Insertion of new s 246FK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
246FK Privacy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
27 Amendment of s 256 (Prosecution of offences) . . . . . . . . . . . . . . 52
28 Insertion of new s 257A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
257A Disclosure of particular information . . . . . . . . . . . . . . 53
29 Amendment of s 258 (Guidelines) . . . . . . . . . . . . . . . . . . . . . . . . 55
30 Amendment of s 273 (Swimming pool fences for existing tourist
resort complexes exempted) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
31 Insertion of new ch 11, pt 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
Part 10 Transitional provisions for Building and Other
Legislation Amendment Act (No. 2) 2010
290 Definitions for pt 10. . . . . . . . . . . . . . . . . . . . . . . . . . . 55
291 When s 232 applies to particular regulated pools . . . 56
292 Term of pool safety certificate for particular
regulated pools ........................... 57
293 Continuing application of particular
provisions--requirements about fencing pool . . . . . . 57
294 Continuing application of particular
provisions--resuscitation sign . . . . . . . . . . . . . . . . . . 58
295 Application of s 233 . . . . . . . . . . . . . . . . . . . . . . . . . . 58
296 Continuing application of previous s 237 . . . . . . . . . . 59
297 Application for exemption under previous s 240 . . . . . 59
298 Continuing effect of particular exemptions . . . . . . . . . 59
299 Keeping copy of exemption . . . . . . . . . . . . . . . . . . . . 60
300 When s 246ATK applies to particular regulated pools 60
32 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 61
Part 5 Amendment of City of Brisbane Act 2010
33 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
34 Insertion of new s 41A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
41A Swimming pool safety. . . . . . . . . . . . . . . . . . . . . . . . . 66
35 Insertion of new s 123A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
Page 5
Building and Other Legislation Amendment Bill (No. 2) 2010
Contents
123A Entry by authorised person, at reasonable times, to
inspect regulated pools . . . . . . . . . . . . . . . . . . . . . . . 67
36 Amendment of s 124 (General powers after entering a property) 68
37 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 68
Part 6 Amendment of Local Government Act 2009
38 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
39 Insertion of new s 38A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
38A Swimming pool safety. . . . . . . . . . . . . . . . . . . . . . . . . 68
40 Insertion of new s 134A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
134A Entry by authorised person, at reasonable times, to
inspect regulated pools . . . . . . . . . . . . . . . . . . . . . . . 69
41 Amendment of s 135 (General powers after entering a property) 70
42 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 70
Part 7 Amendment of Royal National Agricultural and Industrial
Association of Queensland Act 1971
43 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
44 Amendment of s 4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 71
45 Amendment of s 13 (Dealing with Association's land) . . . . . . . . . 71
46 Insertion of new part 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
Part 3A Dealing with particular land
17D Land to which this part applies . . . . . . . . . . . . . . . . . . 71
17E Dealing with prescribed land . . . . . . . . . . . . . . . . . . . 72
17F Insolvency events . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
17G Notice in freehold land register. . . . . . . . . . . . . . . . . . 73
Part 8 Amendment of Sustainable Planning Act 2009
47 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
48 Amendment of s 736 (Publishing particular information about
development application) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
Schedule Minor amendments of Building Act 1975 . . . . . . . . . . . . . . . . 76
Page 6
2010
A Bill
for
An Act to amend the Ambulance Service Act 1991, the Animal
Management (Cats and Dogs) Act 2008, the Building Act 1975,
the City of Brisbane Act 2010, the Local Government Act 2009,
the Royal National Agricultural and Industrial Association of
Queensland Act 1971 and the Sustainable Planning Act 2009
for particular purposes
Building and Other Legislation Amendment Bill (No. 2) 2010
Part 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Building and Other Legislation 4
Amendment Act (No. 2) 2010. 5
Clause 2 Commencement 6
This Act, other than parts 3, 7 and 8, commences on a day to 7
be fixed by proclamation. 8
Part 2 Amendment of Ambulance 9
Service Act 1991 10
Clause 3 Act amended 11
This part amends the Ambulance Service Act 1991. 12
Clause 4 Insertion of new s 23 13
Part 2-- 14
insert-- 15
`23 Requirement to report pool immersion incident 16
`(1) This section applies if the service is notified of a pool 17
immersion incident. 18
`(2) The chief executive must ensure that, within 5 business days 19
after notification of the pool immersion incident, the service 20
Page 8
Building and Other Legislation Amendment Bill (No. 2) 2010
Part 2 Amendment of Ambulance Service Act 1991
[s 4]
gives written notice of the incident to the chief executive 1
(health). 2
`(3) The notice must include the following information to the 3
extent the service has it-- 4
(a) the name and date of birth of the young child to whom 5
the pool immersion incident relates; 6
(b) the date the pool immersion incident happened; 7
(c) the address of the child's parents; 8
(d) the address where the pool immersion incident 9
happened. 10
`(4) In this section-- 11
chief executive (health) means the chief executive of the 12
department in which the Health Services Act 1991 is 13
administered. 14
pool immersion incident means an event involving the 15
immersion or partial immersion of a young child under water 16
in a swimming pool, if because of the immersion or partial 17
immersion-- 18
(a) the child has died; or 19
(b) the child has been deprived of air and the health or 20
wellbeing of the child has been adversely affected. 21
swimming pool means a swimming pool as defined under the 22
Building Act 1975, schedule 2. 23
young child means an individual who is under 5 years.'. 24
Page 9
Building and Other Legislation Amendment Bill (No. 2) 2010
Part 3 Amendment of Animal Management (Cats and Dogs) Act 2008
[s 5]
Part 3 Amendment of Animal 1
Management (Cats and Dogs) 2
Act 2008 3
Clause 5 Act amended 4
This part amends the Animal Management (Cats and Dogs) 5
Act 2008. 6
Clause 6 Amendment of s 63 (What is a restricted dog) 7
Section 63-- 8
insert-- 9
`(3) In this section-- 10
breed, of a dog, does not include a crossbreed of a breed.'. 11
Clause 7 Insertion of new s 63A 12
Chapter 4, part 1-- 13
insert-- 14
`63A Provisions for deciding what is a breed of dog 15
`(1) Each of the following certificates, for a dog, is evidence the 16
dog is of the breed stated in the certificate-- 17
(a) a pedigree certificate from the Australian National 18
Kennel Council; 19
(b) a pedigree certificate from a member body of the 20
Australian National Kennel Council; 21
(c) a pedigree certificate from a national breed council 22
registered with the Australian National Kennel Council; 23
(d) a certificate signed by a veterinary surgeon stating, or to 24
the effect, that the dog is of a particular breed. 25
`(2) However, if a dog is of the breed American Staffordshire 26
terrier it is not of the breed American pit bull terrier. 27
Page 10
Building and Other Legislation Amendment Bill (No. 2) 2010
Part 4 Amendment of Building Act 1975
[s 8]
`(3) Also, the breed American pit bull terrier does not include a 1
dog of the breed American Staffordshire terrier.'. 2
Clause 8 Omission of s 202 (Veterinary surgeon certificates) 3
Section 202-- 4
omit. 5
Clause 9 Insertion of new ch 10, pt 3 6
After section 222-- 7
insert-- 8
`Part 3 Transitional provision for 9
Building and Other Legislation 10
Amendment Act (No. 2) 2010 11
`223 Provision about s 63A 12
`From the commencement of this section, this Act applies as 13
if section 63A had been in force since 6 April 2010.'. 14
Part 4 Amendment of Building Act 15
1975 16
Clause 10 Act amended in pt 4 and sch 17
This part and the schedule amend the Building Act 1975. 18
Clause 11 Replacement of s 28 (Application to build swimming pool 19
on residential land and must include fencing) 20
Section 28-- 21
omit, insert-- 22
Page 11
Building and Other Legislation Amendment Bill (No. 2) 2010
Part 4 Amendment of Building Act 1975
[s 12]
`28 Application to build regulated pool 1
`A building development application for the construction of a 2
regulated pool must also be for the construction of barriers, 3
including any fencing, for the pool.'. 4
Clause 12 Amendment of s 231A (Definitions for ch 8) 5
(1) Section 231A, definition complying pool-- 6
omit. 7
(2) Section 231A-- 8
insert-- 9
`accommodation agreement-- 10
1 Accommodation agreement means any of the 11
following-- 12
(a) a residential tenancy agreement within the 13
meaning of the Residential Tenancies and 14
Rooming Accommodation Act 2008, section 12; 15
(b) a rooming accommodation agreement within the 16
meaning of the Residential Tenancies and 17
Rooming Accommodation Act 2008, section 16; 18
(c) a homestay or assisted accommodation agreement; 19
(d) an agreement, other than an agreement mentioned 20
in paragraph (a), (b) or (c), under which a person 21
gives to someone else a right to occupy premises in 22
exchange for money or other valuable 23
consideration. 24
Example for paragraph (d)-- 25
letting a motel or hotel room 26
2 Paragraph 1(d) applies-- 27
(a) whether or not the right is a right of exclusive 28
occupation; and 29
(b) whether the agreement is-- 30
Page 12
Building and Other Legislation Amendment Bill (No. 2) 2010
Part 4 Amendment of Building Act 1975
[s 12]
(i) wholly in writing, wholly oral or wholly 1
implied; or 2
(ii) partly in a form mentioned in 3
subsubparagraph (i) and partly in 1 or both 4
of the other forms. 5
3 The term does not include an agreement between 6
members of a family under which a member of the 7
family gives to another member money or other valuable 8
consideration for a right to occupy that other member's 9
residence. 10
complying pool means a regulated pool that-- 11
(a) complies with the pool safety standard; or 12
(b) if an exemption is in effect under section 245B for the 13
regulated pool--complies with the pool safety standard 14
to the extent the exemption does not apply. 15
homestay or assisted accommodation agreement-- 16
1 Homestay or assisted accommodation agreement 17
means-- 18
(a) an agreement under which accommodation is 19
provided at a person's residence to a student who is 20
enrolled to study or train at an educational 21
institution in a State, if-- 22
(i) the student pays the person for the 23
accommodation; and 24
(ii) under the agreement, accommodation is also 25
provided to a young child who is a dependant 26
of the student; or 27
(b) an agreement under which accommodation is 28
provided to a person, free of charge, by a following 29
entity at premises owned or operated by the 30
entity-- 31
(i) a charity registered under the Collections Act 32
1966; 33
(ii) a public sector entity; 34
Page 13
Building and Other Legislation Amendment Bill (No. 2) 2010
Part 4 Amendment of Building Act 1975
[s 12]
(iii) a local government. 1
2 Paragraph 1 applies whether the agreement is-- 2
(a) wholly in writing, wholly oral or wholly implied; 3
or 4
(b) partly in a form mentioned in subparagraph (a) and 5
partly in 1 or both of the other forms. 6
3 The term does not include an agreement between 7
members of a family under which a member of the 8
family gives to another member money or other valuable 9
consideration for a right to occupy that other member's 10
residence. 11
member, of a person's family, means the person and each of 12
the following-- 13
(a) the person's spouse; 14
(b) the parents of the person or the person's spouse; 15
(c) the grandparents of the person or the person's spouse; 16
(d) a brother, sister, nephew, niece or first cousin of the 17
person or the person's spouse; 18
(e) a child, stepchild or grandchild of the person; 19
(f) the spouse of anyone mentioned in paragraph (d) or (e). 20
pool immersion incident means an event involving the 21
immersion or partial immersion of a young child under water 22
in a swimming pool, if because of the immersion or partial 23
immersion-- 24
(a) the child has died; or 25
(b) the child has been deprived of air and the health or 26
wellbeing of the child has been adversely affected. 27
pool safety standard application day, for a regulated pool, 28
means-- 29
(a) for a pool situated on common property or a common 30
property lot under an Act mentioned in schedule 2, 31
definition owner, of a regulated pool, paragraphs (a) to 32
Page 14
Building and Other Legislation Amendment Bill (No. 2) 2010
Part 4 Amendment of Building Act 1975
[s 12]
(e) and for use by occupiers of a building subject to that 1
Act--the earliest of the following days to happen-- 2
(i) if the building, or a part of the building, is sold and 3
a pool safety certificate is not in effect for the pool 4
at settlement under the contract of sale for the 5
building or part--the day that is 90 days after the 6
day of settlement; 7
(ii) if an accommodation agreement is entered into for 8
the building, or a part of the building, and a pool 9
safety certificate is not in effect for the pool when 10
the agreement is entered into--the day that is 90 11
days after the day the agreement is entered into; 12
(iii) the day a pool safety certificate is first in effect for 13
the pool; 14
(iv) the day that is 5 years after the 2010 Act 15
commencement day; or 16
(b) for a pool situated on a part of a building mentioned in 17
paragraph (a), other than a shared pool--the earliest of 18
the following days to happen-- 19
(i) if the part of the building is sold and a pool safety 20
certificate is not in effect for the pool at settlement 21
under the contract of sale for the part--the day that 22
is 90 days after the day of settlement; 23
(ii) the day an accommodation agreement is entered 24
into for the part of the building; 25
(iii) the day a pool safety certificate is first in effect for 26
the pool; 27
(iv) the day that is 5 years after the 2010 Act 28
commencement day; or 29
(c) for a pool situated on a moveable dwelling or the site in 30
a moveable dwelling park where the dwelling is 31
situated, or on a manufactured home in a residential 32
park or on the site in the park where the manufactured 33
home is situated--the earliest of the following days to 34
happen-- 35
Page 15
Building and Other Legislation Amendment Bill (No. 2) 2010
Part 4 Amendment of Building Act 1975
[s 12]
(i) if the moveable dwelling or manufactured home is 1
sold and a pool safety certificate is not in effect for 2
the pool at settlement under the contract of sale for 3
the moveable dwelling or manufactured 4
home--the day that is 90 days after the day of 5
settlement; 6
(ii) the day an accommodation agreement is entered 7
into for the moveable dwelling or manufactured 8
home; 9
(iii) the day a pool safety certificate is first in effect for 10
the pool; 11
(iv) the day that is 5 years after the 2010 Act 12
commencement day; or 13
(d) for a pool situated on a moveable dwelling park (other 14
than on moveable dwelling premises on the park) or on 15
the common areas of a residential park--the earliest of 16
the following days to happen-- 17
(i) if the moveable dwelling park or residential park is 18
sold and a pool safety certificate is not in effect for 19
the pool at settlement under the contract of sale for 20
the moveable dwelling park or residential 21
park--the day that is 90 days after the day of 22
settlement; 23
(ii) if an accommodation agreement is entered into for 24
any moveable dwelling situated on the moveable 25
dwelling park, or any manufactured home situated 26
in the residential park, and a pool safety certificate 27
is not in effect for the pool when the agreement is 28
entered into--the day that is 90 days after the day 29
the agreement is entered into; 30
(iii) the day a pool safety certificate is first in effect for 31
the pool; 32
(iv) the day that is 5 years after the 2010 Act 33
commencement day; or 34
(e) if paragraphs (a) to (d) do not apply--the earliest of the 35
following days to happen-- 36
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Building and Other Legislation Amendment Bill (No. 2) 2010
Part 4 Amendment of Building Act 1975
[s 13]
(i) if the building on the regulated land where the pool 1
is situated is sold and a pool safety certificate is not 2
in effect for the pool at settlement under the 3
contract of sale for the building--the day that is 90 4
days after the day of settlement; 5
(ii) the day an accommodation agreement is entered 6
into for the building; 7
(iii) the day a pool safety certificate is first in effect for 8
the pool; 9
(iv) the day that is 5 years after the 2010 Act 10
commencement day.'. 11
(3) Section 231A, definition regulated land, paragraph 1(b), from 12
`under' to `2008'-- 13
omit. 14
(4) Section 231A, definition regulated land, paragraph 1(c), from 15
`under' to `2003'-- 16
omit. 17
(5) Section 231A, definition shared pool, paragraph 2(b)(i), from 18
`dwelling park' to `2008'-- 19
omit, insert-- 20
`moveable dwelling park'. 21
(6) Section 231A, definition shared pool, paragraph 2(b)(ii), from 22
`under' to `2003'-- 23
omit. 24
Clause 13 Amendment of s 231B (What is a regulated pool) 25
Section 231B-- 26
insert-- 27
`(3) Despite subsection (1), a regulated pool does not include a 28
swimming pool situated on common property in a building 29
subject to the Integrated Resort Development Act 1987 or the 30
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Building and Other Legislation Amendment Bill (No. 2) 2010
Part 4 Amendment of Building Act 1975
[s 14]
Sanctuary Cove Resort Act 1985 if an approved pool safety 1
management plan is in force for the pool.'. 2
Clause 14 Replacement of ch 8, pt 2 3
Chapter 8, part 2-- 4
omit, insert-- 5
`Part 2 Compliance with pool safety 6
standard and other matters 7
about pool safety 8
`Division 1 Compliance with pool safety 9
standard 10
`232 Compliance with pool safety standard--regulated 11
pool 12
`(1) The owner of a regulated pool must ensure-- 13
(a) the pool complies with the pool safety standard for the 14
pool; and 15
(b) all barriers for the pool are kept in good condition. 16
Maximum penalty--165 penalty units. 17
`(2) However, if the regulated pool is in existence on the 2010 Act 18
commencement day, subsection (1)(a) does not apply to the 19
owner of the pool until the pool safety standard application 20
day for the pool. 21
Note-- 22
For the application of subsection (1) to particular pools constructed 23
before the 2010 Act commencement day, see section 291. 24
`(3) Also, if an exemption under division 3 or 4 is in effect for a 25
regulated pool, subsection (1)(a) does not apply to the owner 26
of the pool to the extent the exemption applies. 27
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Building and Other Legislation Amendment Bill (No. 2) 2010
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[s 14]
`Division 2 Requirements about constructing 1
regulated pool 2
`233 Constructing regulated pool--requirement for 3
warning sign 4
`(1) This section applies to each relevant person for a regulated 5
pool, other than a portable swimming pool. 6
`(2) The relevant person must ensure that, before construction of 7
the pool starts, a warning sign, complying with the 8
requirements for a warning sign prescribed under a regulation, 9
is displayed on the land on which the pool is situated in the 10
way prescribed under a regulation. 11
Maximum penalty--20 penalty units. 12
`(3) The relevant person must ensure the warning sign is displayed 13
until a building certifier has provided a certificate in the 14
approved form stating the pool is a complying pool. 15
Maximum penalty--20 penalty units. 16
`(4) In this section-- 17
portable swimming pool means a swimming pool that is 18
designed to be readily assembled by hand and moved from 19
place to place. 20
relevant person, for a regulated pool, means-- 21
(a) the person who is or is to become the owner of the pool; 22
or 23
(b) the builder of the pool. 24
`234 Constructing regulated pool--requirement for 25
compliance with pool safety standard 26
`(1) This section applies to a person if-- 27
(a) a regulated pool has been constructed or is being 28
constructed; and 29
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Building and Other Legislation Amendment Bill (No. 2) 2010
Part 4 Amendment of Building Act 1975
[s 14]
(b) the pool has not been filled with water to a depth of 1
300mm or more; and 2
(c) the person-- 3
(i) is, or is to become, the owner of the pool; or 4
(ii) has contracted with the owner to carry out the 5
construction of the pool. 6
`(2) The person must, unless the person has a reasonable excuse, 7
ensure that, before the pool is filled with water to a depth of 8
300mm or more, a building certifier has provided a certificate 9
in the approved form stating the pool is a complying pool. 10
Maximum penalty--165 penalty units. 11
`Division 3 Exemptions from compliance with 12
pool safety standard--disability 13
`Subdivision 1 Applying for exemption and 14
deciding application 15
`235 Application for exemption--disability 16
`A person may apply to the local government for an 17
exemption under this division from complying with a part of 18
the pool safety standard relating to barriers for a regulated 19
pool if the person is-- 20
(a) the owner of the pool; or 21
(b) if the pool is still to be constructed--the person who is 22
to be the owner of the pool. 23
`236 Requirement for further information 24
`The local government may require the applicant to give the 25
local government medical evidence to support the application. 26
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[s 14]
`237 Decision on application 1
`(1) The local government must consider the application and, 2
within 5 business days after the application is made-- 3
(a) grant the exemption; or 4
(b) refuse to grant the exemption. 5
`(2) The local government may grant the exemption only if it is 6
satisfied that-- 7
(a) a person with a disability is, or is to become, an occupier 8
of land on which the regulated pool is situated; and 9
(b) it would be physically impracticable for the person, 10
because of the person's disability, to access the pool if it 11
had barriers complying with the pool safety standard. 12
`(3) The local government may grant the exemption on the 13
reasonable conditions it considers necessary or desirable to 14
prevent a young child accessing the pool. 15
`(4) If the exemption is granted on conditions, the applicant must 16
comply with each condition of the exemption. 17
Maximum penalty for subsection (4)--165 penalty units. 18
`(5) The local government may only exempt a person from 19
complying with a part of the pool safety standard to the extent 20
reasonably necessary to allow a person mentioned in 21
subsection (2) to access the pool. 22
`238 Notice of decision 23
`(1) If the local government decides to grant the exemption, it 24
must give the applicant written notice of the exemption. 25
`(2) If the local government decides to refuse to grant the 26
exemption or impose conditions on the exemption, the local 27
government must give the applicant an information notice 28
about the decision. 29
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Building and Other Legislation Amendment Bill (No. 2) 2010
Part 4 Amendment of Building Act 1975
[s 14]
Note-- 1
There is a right of appeal to a building and development dispute 2
resolution committee against the decision on the application or a failure 3
to decide the application. See the Planning Act, section 532. 4
`239 Notice of exemption to be given to chief executive 5
`(1) The local government must give the chief executive notice of 6
each exemption granted under this division. 7
`(2) The notice must-- 8
(a) be given to the chief executive within 10 business days 9
after the exemption is granted; and 10
(b) state the address, and real property description, of the 11
land on which the regulated pool to which the 12
exemption relates is situated. 13
`240 Application of pool safety standard under exemption 14
`If the local government grants the exemption, the pool safety 15
standard continues to apply for the regulated pool to the extent 16
the exemption does not apply. 17
`Subdivision 2 Ending and revocation of 18
exemptions 19
`241 When exemption ends 20
`The exemption ends if-- 21
(a) the applicant stops being the owner of the regulated 22
pool; or 23
(b) the person because of whom the exemption was granted 24
is no longer an occupier of the land on which the pool is 25
situated; or 26
(c) it would no longer be physically impracticable for the 27
person because of whom the exemption was granted to 28
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Building and Other Legislation Amendment Bill (No. 2) 2010
Part 4 Amendment of Building Act 1975
[s 14]
access the pool if it complied with the pool safety 1
standard. 2
`242 Local government may revoke exemption 3
`(1) This section applies if-- 4
(a) a local government has, under section 237, granted an 5
applicant an exemption; and 6
(b) the local government is satisfied 1 or more of the 7
following applies-- 8
(i) the decision on the application for the exemption 9
was based on a false or misleading particular given 10
by the applicant; 11
(ii) the exemption has ended under section 241; 12
(iii) the exemption was subject to conditions and there 13
has been a contravention of a condition. 14
`(2) The local government must give the applicant a show cause 15
notice inviting the applicant to show cause why the decision 16
should not be revoked. 17
`(3) After considering any representations made to it under the 18
show cause notice, the local government may, by a further 19
notice (a revocation notice) given to the applicant, revoke the 20
decision previously given. 21
`(4) The revocation notice must be, or be accompanied by, an 22
information notice about the decision to give the notice and 23
state-- 24
(a) that the applicant must ensure the pool has, around the 25
pool, barriers complying with the pool safety standard; 26
and 27
(b) the day by which the applicant must comply with the 28
notice. 29
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Building and Other Legislation Amendment Bill (No. 2) 2010
Part 4 Amendment of Building Act 1975
[s 14]
Note-- 1
There is a right of appeal to a building and development dispute 2
resolution committee against the decision to revoke the decision 3
previously given. See the Planning Act, section 532. 4
`(5) The applicant must comply with the revocation notice. 5
Maximum penalty for subsection (5)--165 penalty units. 6
`(6) If the applicant fails to comply with the revocation notice, the 7
failure is taken to be a failure to take action under the Local 8
Government Act 2009, section 142. 9
`(7) In this section-- 10
show cause notice means a show cause notice under section 11
247(1). 12
`243 Notice of revocation to be given to chief executive 13
`(1) If the local government gives a person a revocation notice, the 14
local government must give the chief executive notice of the 15
revocation notice. 16
`(2) The notice must-- 17
(a) be given to the chief executive within 10 business days 18
after the revocation notice is given; and 19
(b) state-- 20
(i) the day the revocation notice was given; and 21
(ii) the address, and real property description, of the 22
land on which the regulated pool to which the 23
revocation notice relates is situated. 24
`Subdivision 3 Miscellaneous 25
`244 Keeping copy of exemption 26
`(1) The local government must keep a copy of each exemption it 27
grants under this division. 28
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Building and Other Legislation Amendment Bill (No. 2) 2010
Part 4 Amendment of Building Act 1975
[s 14]
`(2) The local government must-- 1
(a) keep the copy while the exemption is still in force and 2
for at least 5 years after the exemption is no longer in 3
force; and 4
(b) make the copy available for inspection and purchase as 5
if it were a document that, under the Planning Act, 6
chapter 9, part 6, the local government must make 7
available for inspection and purchase. 8
`Division 4 Exemptions from compliance with 9
pool safety standard--impracticality 10
`Subdivision 1 Applying for exemption and 11
deciding applications 12
`245 Application for exemption--compliance impracticable 13
`(1) The owner of a regulated pool may apply to the chief 14
executive for an exemption under this division from 15
complying with a part of the pool safety standard relating to 16
barriers for the regulated pool. 17
`(2) The application must-- 18
(a) be in the approved form; and 19
(b) be accompanied by enough details to-- 20
(i) identify the part of the pool safety standard for 21
which the owner is seeking the exemption; and 22
(iii) show compliance with the part of pool safety 23
standard is not practicable; and 24
(c) be accompanied by the fee prescribed under a 25
regulation. 26
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Building and Other Legislation Amendment Bill (No. 2) 2010
Part 4 Amendment of Building Act 1975
[s 14]
`245A Requirement for further information 1
`The chief executive may require the owner to give the chief 2
executive further information to establish that compliance 3
with the part of the pool safety standard is not practicable. 4
`245B Decision on application 5
`(1) The chief executive must consider the application and decide 6
to-- 7
(a) grant the exemption; or 8
(b) refuse to grant the exemption. 9
`(2) In deciding the application, the chief executive may consider 10
the following-- 11
(a) whether compliance with the part of the pool safety 12
standard may require the owner to-- 13
(i) move or demolish a building or part of a building; 14
or 15
(ii) change the location or size of the regulated pool; or 16
(iii) remove vegetation protected from removal under 17
an Act or a local law; 18
(b) the cost of the barriers or work required to ensure the 19
pool complies with the part of the pool safety standard, 20
having regard to the nature of any existing barriers for 21
the pool; 22
(c) other matters the chief executive considers relevant. 23
`(3) The chief executive may grant the exemption on the 24
reasonable conditions it considers necessary or desirable to 25
prevent a young child accessing the pool. 26
`(4) If the exemption is granted on conditions, the owner of the 27
regulated pool must comply with each condition of the 28
exemption. 29
Maximum penalty for subsection (4)--165 penalty units. 30
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Building and Other Legislation Amendment Bill (No. 2) 2010
Part 4 Amendment of Building Act 1975
[s 14]
`(5) The chief executive may only exempt a person from 1
complying with a part of the pool safety standard to the extent 2
reasonably necessary in the circumstances to overcome the 3
impracticality associated with compliance with the part. 4
`(6) The chief executive is taken to have refused to grant the 5
exemption if the chief executive does not decide the 6
application within the decision period. 7
`245C Notice of decision and application of pool safety 8
standard under exemption 9
`(1) If the chief executive decides to grant an exemption under this 10
division the chief executive must give the applicant written 11
notice of the exemption 12
`(2) If the chief executive decides to refuse to grant the exemption 13
or impose conditions on the exemption, or the application is 14
taken to be refused under section 245B(6), the chief executive 15
must give the applicant an information notice about the 16
decision. 17
`(3) If the chief executive grants an exemption for a regulated pool 18
under this division, the pool safety standard continues to apply 19
for the pool to the extent the exemption does not apply. 20
`245D Continuation of exemption 21
`(1) An exemption for a regulated pool under this division 22
continues to apply to the pool unless the exemption is revoked 23
under subdivision 2. 24
`(2) If the exemption is granted on conditions, the conditions are 25
binding on the successors in title to the owner of the regulated 26
pool to whom the exemption was granted. 27
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Building and Other Legislation Amendment Bill (No. 2) 2010
Part 4 Amendment of Building Act 1975
[s 14]
`Subdivision 2 Revocation of exemptions 1
`245E Chief executive may revoke exemption 2
`(1) This section applies if-- 3
(a) the chief executive has, under this division, granted an 4
exemption; and 5
(b) the chief executive is satisfied 1 or more of the 6
following applies-- 7
(i) the decision on the application for the exemption 8
was based on a false or misleading particular given 9
in the application; 10
(ii) the exemption was subject to conditions and there 11
has been a contravention of a condition. 12
`(2) The chief executive must give the owner of the regulated pool 13
a show cause notice inviting the owner to show cause why the 14
decision should not be revoked. 15
`(3) After considering any representations made under the show 16
cause notice, the chief executive may, by a further notice (a 17
revocation notice) given to the owner, revoke the decision 18
previously given. 19
`(4) The revocation notice must be, or be accompanied by, an 20
information notice about the decision to give the notice and 21
state-- 22
(a) that the owner must ensure the pool has, around the 23
pool, barriers complying with the pool safety standard; 24
and 25
(b) the day by which the owner must comply with the 26
notice. 27
`(5) The owner must comply with the revocation notice. 28
Maximum penalty for subsection (5)--165 penalty units. 29
`(6) In this section-- 30
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Building and Other Legislation Amendment Bill (No. 2) 2010
Part 4 Amendment of Building Act 1975
[s 14]
show cause notice means a show cause notice under section 1
247(1). 2
`Subdivision 3 Appeals 3
`245F Appeals to building and development committee of 4
decisions under div 4 5
`(1) This section applies if a person is given under this division an 6
information notice about a decision of the chief executive. 7
`(2) The person may, within 20 business days after the information 8
notice is given, appeal the decision to a building and 9
development committee under the Planning Act. 10
`Division 5 Reporting, and giving notice of, 11
pool immersion incidents 12
`245G Requirement to report pool immersion incident 13
`(1) A person in charge of a hospital must, under subsection (2), 14
unless the person has a reasonable excuse, notify the chief 15
executive (health) if an examination of a young child by a 16
doctor in the hospital indicates that the child has been 17
involved in a pool immersion incident. 18
Maximum penalty--20 penalty units. 19
`(2) The notice must-- 20
(a) be given to the chief executive (health) within 5 business 21
days after the examination happened; and 22
(b) include the following information to the extent the 23
person has it-- 24
(i) the name and date of birth of the young child; 25
(ii) the day the examination happened; 26
(iii) the address of the child's parents; 27
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Building and Other Legislation Amendment Bill (No. 2) 2010
Part 4 Amendment of Building Act 1975
[s 14]
(iv) the address where the pool immersion incident 1
happened. 2
`(3) The notice may include other information about the pool 3
immersion incident the person in charge of the hospital 4
considers relevant. 5
`(4) In this section-- 6
person in charge, of a hospital, means-- 7
(a) for a public sector hospital under the Health Services 8
Act 1991--the person responsible for the day to day 9
operation and control of the hospital; or 10
(b) for a private health facility under the Private Health 11
Facilities Act 1999--the licensee of the private health 12
facility. 13
`245H Disclosure of information about pool immersion 14
incident 15
`(1) This section applies if a health professional reasonably 16
believes that a young child has been involved in a pool 17
immersion incident. 18
`(2) The health professional may give the chief executive (health) 19
any relevant information about the young child's condition 20
and the incident. 21
`(3) The health professional is not liable, civilly, criminally, or 22
under an administrative process, for giving the information 23
under subsection (2). 24
`(4) Also, merely because the health professional gives the 25
information, the health professional can not be held to have-- 26
(a) breached any code of professional etiquette or ethics; or 27
(b) departed from the accepted standards of professional 28
conduct. 29
`(5) Without limiting subsection (3) or (4), if the health 30
professional would otherwise be required to maintain 31
confidentiality about the information under an Act, oath or 32
rule of law or practice, the health professional-- 33
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Building and Other Legislation Amendment Bill (No. 2) 2010
Part 4 Amendment of Building Act 1975
[s 14]
(a) does not contravene the Act, oath or rule of law or 1
practice by giving the information; and 2
(b) is not liable to disciplinary action for giving the 3
information. 4
`(6) In this section-- 5
health professional means-- 6
(a) a person who is a health professional under the Health 7
Services Act 1991, part 7; 8
(b) an ambulance officer under the Ambulance Service Act 9
1991; 10
(c) another person prescribed under a regulation for this 11
section who, as part of the person's profession or 12
occupation, performs functions relating to the health of 13
others. 14
`245I Giving notice of pool immersion incidents 15
`(1) If the chief executive (health) receives a pool immersion 16
notice, the chief executive (health) must, within 5 business 17
days after receiving it, give notice of the pool immersion 18
incident to which it relates to-- 19
(a) PSC; and 20
(b) the local government for the area in which the incident 21
happened; and 22
(c) CCYPCG; and 23
(d) the chief executive. 24
`(2) However, if the chief executive (health) receives more than 1 25
pool immersion notice about the same pool immersion 26
incident, the chief executive (health) need only give notice 27
under subsection (1) for the first pool immersion notice 28
received about the incident. 29
`(3) The notice given under subsection (1) must state the 30
information included in the pool immersion notice. 31
`(4) In this section-- 32
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Building and Other Legislation Amendment Bill (No. 2) 2010
Part 4 Amendment of Building Act 1975
[s 14]
CCYPCG means the Commission for Children and Young 1
People and Child Guardian established under the Commission 2
for Children and Young People and Child Guardian Act 2000. 3
pool immersion notice means notice of a pool immersion 4
incident given to the chief executive (health) under-- 5
(a) the Ambulance Service Act 1991, section 23; or 6
(b) section 245G. 7
`Division 6 Pool safety management plans for 8
particular pools 9
`Subdivision 1 Preliminary 10
`245J Application of div 6 11
`This division applies to the owner of a swimming pool 12
situated on common property in a building subject to the 13
Integrated Resort Development Act 1987 or the Sanctuary 14
Cove Resort Act 1985. 15
`245K Requirement to have pool safety management plan 16
`The owner must, by the day that is 6 months after the 2010 17
Act commencement day, have a plan (a pool safety 18
management plan) approved under this division for the 19
swimming pool, unless a pool safety certificate is in effect for 20
the pool. 21
Maximum penalty--165 penalty units. 22
`245L Requirement to comply with approved pool safety 23
management plan 24
`If the owner has an approved pool safety management plan 25
for the swimming pool, the owner must comply with the plan. 26
Maximum penalty--165 penalty units. 27
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Building and Other Legislation Amendment Bill (No. 2) 2010
Part 4 Amendment of Building Act 1975
[s 14]
`Subdivision 2 Approval, and duration, of pool 1
safety management plans 2
`245M Application for approval 3
`(1) The owner must apply to the chief executive for approval of 4
its pool safety management plan for the swimming pool. 5
`(2) The application must-- 6
(a) be in the approved form; and 7
(b) be accompanied by-- 8
(i) the proposed pool safety management plan; and 9
(ii) the fee prescribed under a regulation. 10
`(3) The proposed pool safety management plan must include 11
details of the measures (the pool safety measures) the owner 12
intends to implement under the plan to stop a young child 13
accessing the pool unless the child is supervised by an adult. 14
`245N Requirement for further information 15
`The chief executive may, by notice given to the owner, 16
require the owner to give the chief executive further 17
information about the pool safety management plan, 18
including, for example, information about the pool safety 19
measures under the plan. 20
`245O Decision on application 21
`(1) The chief executive must consider the application and, within 22
20 business days after receiving it, decide to-- 23
(a) approve the pool safety management plan; or 24
(b) refuse to approve the plan. 25
`(2) In deciding the application, the chief executive must have 26
regard to-- 27
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Building and Other Legislation Amendment Bill (No. 2) 2010
Part 4 Amendment of Building Act 1975
[s 14]
(a) the pool safety management plan and any information 1
about the plan given to the chief executive under section 2
245N; and 3
(b) the guidelines, if any, made by the chief executive about 4
preparing a pool safety management plan. 5
`(3) The chief executive must not approve the pool safety 6
management plan unless satisfied the pool safety measures 7
under the plan are appropriate to stop a young child accessing 8
the pool unless the child is supervised by an adult. 9
`(4) Within 5 business days after deciding the application, the 10
chief executive must give the owner-- 11
(a) if the decision is to approve the pool safety management 12
plan--notice of the approval; or 13
(b) if the decision is to refuse to approve the pool safety 14
management plan--an information notice about the 15
decision. 16
`245P Duration of plan 17
`An approved pool safety management plan has effect for 1 18
year after the day it is approved, unless it is sooner cancelled 19
under this division. 20
`Subdivision 3 Cancellation of approval and 21
amendment of approved pool safety 22
management plan 23
`245Q Cancellation or amendment 24
`(1) This section applies if the chief executive is satisfied the pool 25
safety measures under the owner's approved pool safety 26
management plan will no longer stop a young child accessing 27
the pool unless the child is supervised by an adult. 28
`(2) The chief executive may, by notice given to the owner-- 29
(a) cancel the approval for the plan; or 30
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Building and Other Legislation Amendment Bill (No. 2) 2010
Part 4 Amendment of Building Act 1975
[s 14]
(b) require the owner to amend the plan in the way stated in 1
the notice. 2
`(3) However, before acting under subsection (2), the chief 3
executive must-- 4
(a) give the owner a notice (a show cause notice) stating 5
each of the following-- 6
(i) the proposed action the chief executive is 7
considering taking under subsection (2); 8
(ii) the grounds for taking the proposed action; 9
(iii) the facts and circumstances forming the basis for 10
the grounds; 11
(iv) if the proposed action is to require the owner to 12
amend the plan--the proposed amendment; 13
(v) that the owner may, within a stated period (the 14
show cause period), make submissions to the chief 15
executive about why the proposed action should 16
not be taken; and 17
(b) consider any submissions made to the chief executive 18
under paragraph (a)(v). 19
`(4) The show cause period must end at least 20 business days 20
after the owner is given the show cause notice. 21
`(5) If, after complying with subsection (3), the chief executive 22
decides not to take the proposed action, the chief executive 23
must give the owner notice of the decision. 24
`(6) If, after complying with subsection (3), the chief executive 25
decides to take the proposed action, the chief executive must 26
give the owner an information notice about the decision. 27
`245R When decision has effect 28
`(1) A decision to cancel an approved pool safety management 29
plan takes effect when the information notice about the 30
decision is given to the owner. 31
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Building and Other Legislation Amendment Bill (No. 2) 2010
Part 4 Amendment of Building Act 1975
[s 14]
`(2) If the chief executive decides to require the owner to amend 1
an approved pool safety management plan, the plan is taken to 2
have been amended-- 3
(a) in the way stated in the notice given under section 4
245Q(2)(b); and 5
(b) when the information notice about the decision is given. 6
`Subdivision 4 Appeals 7
`245S Appeals to building and development committee of 8
decisions under div 6 9
`(1) This section applies if the owner is given under this division 10
an information notice about a decision of the chief executive. 11
`(2) The owner may, within 20 business days after the information 12
notice is given, appeal the decision to a building and 13
development committee under the Planning Act. 14
`Division 7 Miscellaneous 15
`245T Access to regulated pool to be kept secure 16
`A person who opens a gate or door giving access to a 17
regulated pool must ensure the gate or door is securely closed 18
while the gate or door is not in use. 19
Maximum penalty--165 penalty units. 20
`245U Apportioning cost of constructing etc. dividing fence 21
`(1) The cost of constructing, altering, repairing, replacing and 22
maintaining a regulated pool's fence consisting of the whole 23
or part of a dividing fence is, to the extent it is attributable to 24
work done to comply with section 232(1), to be borne-- 25
(a) by the owner of the land on which the pool is situated; or 26
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Building and Other Legislation Amendment Bill (No. 2) 2010
Part 4 Amendment of Building Act 1975
[s 14]
(b) if the work or part of the work is done to comply with 1
this part in relation to more than 1 parcel of 2
land--equally by the owners of the parcels of land 3
where the pools are situated. 4
`(2) Subsection (1) applies despite the Dividing Fences Act 1953. 5
`(3) A local law about the construction of fencing around 6
swimming pools does not limit the discretion of a Magistrates 7
Court under the Dividing Fences Act 1953. 8
`(4) In this section-- 9
dividing fence see the Dividing Fences Act 1953, section 6(1). 10
`245V When particular local government exemptions about 11
requirements for pool fencing end 12
`(1) This section applies to a local government pool fencing 13
exemption in force for a regulated pool immediately before 14
the day (the relevant day) the owner of the pool must, under 15
this Act, ensure the pool complies with the pool safety 16
standard. 17
`(2) On and from the relevant day for the regulated pool, the local 18
government pool fencing exemption is taken to have no force 19
or effect in relation to the pool. 20
`(3) Subsection (2) applies despite any other Act or law. 21
`(4) In this section-- 22
local government pool fencing exemption-- 23
1 A local government pool fencing exemption, for a 24
regulated pool, means an exemption, whether partial or 25
otherwise, from compliance with any requirements 26
under a local law or a law of the State about fencing of 27
the pool, if the exemption-- 28
(a) was lawfully given by a local government; and 29
(b) is in force immediately before the relevant day for 30
the pool. 31
Page 37
Building and Other Legislation Amendment Bill (No. 2) 2010
Part 4 Amendment of Building Act 1975
[s 15]
2 However, the term does not include an exemption 1
mentioned in paragraph (1), to the extent the 2
exemption-- 3
(a) applies to a particular occupier of land on which a 4
swimming pool is situated; and 5
(b) was given solely on the basis of the occupier's 6
inability to access the pool because of the 7
occupier's disability; and 8
(c) is in force immediately before the relevant day for 9
the regulated pool. 10
`246 When particular local law has no force or effect for 11
regulated pool 12
`(1) This section applies to a provision of a local law to the extent 13
it regulates pool safety matters for a regulated pool. 14
`(2) On the day the owner of the regulated pool must, under this 15
Act, ensure the pool complies with the pool safety standard, 16
the provision of the local law, to the extent it regulates pool 17
safety matters, is taken to have no force or effect in relation to 18
the pool. 19
`(3) In this section-- 20
pool safety matters, for a regulated pool, means-- 21
(a) the construction or maintenance of barriers for the pool; 22
or 23
(b) a matter for ensuring the safety of persons using a 24
regulated pool and prescribed under section 231D(1), 25
definition pool safety standard, paragraph (b).'. 26
Clause 15 Insertion of new s 246ACA 27
After section 246AC-- 28
insert-- 29
Page 38
Building and Other Legislation Amendment Bill (No. 2) 2010
Part 4 Amendment of Building Act 1975
[s 16]
`246ACA Special provision for pool inspection in remote areas 1
`(1) If a pool safety inspector is engaged to inspect a regulated 2
pool situated in a remote area, the pool safety inspector-- 3
(a) need not carry out an on-site inspection of the pool; and 4
(b) may, for this Act, inspect the pool by using documents 5
or any technology allowing the pool safety inspector to 6
satisfy himself or herself about whether the pool is, or is 7
not, a complying pool. 8
`(2) In this section-- 9
prescribed local government means a local government 10
prescribed under a regulation for this section. 11
remote area means a part of the area of a prescribed local 12
government that the local government-- 13
(a) is satisfied is a remote area for this section because of its 14
remoteness from the business premises of persons who 15
perform pool safety inspection functions; and 16
(b) has by resolution declared to be a remote area for this 17
section.'. 18
Clause 16 Insertion of new s 246ADA 19
Chapter 8, part 3, division 2-- 20
insert-- 21
`246ADA Requirement to inspect particular pools 22
`(1) This section applies if a local government receives for a 23
regulated pool-- 24
(a) notice of a pool immersion incident under section 245I; 25
or 26
(b) a pool safety complaint notice. 27
`(2) The local government must, as soon as practicable after 28
receiving the notice, inspect the regulated pool for compliance 29
with-- 30
Page 39
Building and Other Legislation Amendment Bill (No. 2) 2010
Part 4 Amendment of Building Act 1975
[s 17]
(a) if under this Act the owner of the pool must ensure the 1
pool complies with the pool safety standard for the 2
pool--the pool safety standard; or 3
(b) otherwise--the fencing standards for the pool. 4
`(3) However, the local government need not, under subsection 5
(2), inspect a regulated pool for which the local government 6
has received a pool safety complaint notice if the local 7
government reasonably considers the complaint is vexatious. 8
`(4) The local government must not charge a fee for an inspection 9
under subsection (2). 10
`(5) If, after the inspection, the local government is satisfied the 11
pool does not comply with the pool safety standard or fencing 12
standards for the pool (the relevant standards), the local 13
government must take necessary enforcement action to ensure 14
the pool complies with the relevant standards. 15
`(6) In this section-- 16
fencing standards, for a regulated pool, means the fencing 17
standards under section 233 of this Act as in force before the 18
2010 Act commencement day that applied to the pool 19
immediately before that day. 20
pool safety complaint notice, for a regulated pool, means any 21
complaint in writing that-- 22
(a) is given to a local government; and 23
(b) concerns a matter about the pool's safety, including the 24
safety of its fencing or other barriers.'. 25
Clause 17 Amendment of s 246AE (Power of local government to 26
inspect regulated pool) 27
Section 246AE(1)-- 28
omit, insert-- 29
`(1) This section applies if-- 30
(a) a pool safety inspector notifies the local government 31
about a regulated pool under section 246AC(4); or 32
Page 40
Building and Other Legislation Amendment Bill (No. 2) 2010
Part 4 Amendment of Building Act 1975
[s 18]
(b) the local government must, under section 246ADA, 1
inspect a regulated pool.'. 2
Clause 18 Amendment of s 246AG (Show cause notice procedure 3
and decision) 4
(1) Section 246AG(8), `business'-- 5
omit, insert-- 6
`business days'. 7
(2) Section 246AG-- 8
insert-- 9
`(9) If the owner appeals the decision to cancel the pool safety 10
certificate, the decision is stayed until-- 11
(a) the appeal is withdrawn; or 12
(b) the appeal is dismissed.'. 13
Clause 19 Insertion of new ss 246AIA and 246AIB 14
Chapter 8, part 3, division 2-- 15
insert-- 16
`246AIA Keeping records of particular notices 17
`(1) If a local government receives a notice mentioned in section 18
246ADA(1) for a regulated pool, the local government must, 19
for at least 5 years after its receipt, keep a record of-- 20
(a) the notice; and 21
(b) the results of any inspection of the regulated pool that 22
was carried out by the local government under section 23
246ADA. 24
`(2) The record may be kept in the way the local government 25
decides. 26
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Building and Other Legislation Amendment Bill (No. 2) 2010
Part 4 Amendment of Building Act 1975
[s 20]
`246AIB Local government to give information to chief 1
executive 2
`(1) The chief executive may, by notice given to the local 3
government, ask the local government to give the chief 4
executive information contained in a record kept by the local 5
government under section 246AIA(1)(b). 6
`(2) The local government must comply with the request.'. 7
Clause 20 Amendment of s 246AO (Appeals to building and 8
development committee of decisions under pt 3) 9
(1) Section 246AO(1), `, or is entitled to be given,'-- 10
omit. 11
(2) Section 246AO(3), definition appeal period, `or taken to be 12
given'-- 13
omit. 14
Clause 21 Insertion of new ch 8, pt 4, divs 3-5 15
Chapter 8, part 4-- 16
insert-- 17
`Division 3 Functions of private 18
certifiers--regulated pools 19
`246ATA Application of div 3 20
`This division applies to a private certifier (class A) if, in 21
carrying out private certifying functions in relation to a 22
regulated pool, the private certifier is satisfied-- 23
(a) the pool does not comply with the pool safety standard; 24
and 25
(b) the owner of the pool has not taken, or is not taking, 26
appropriate action to ensure the pool complies with the 27
pool safety standard. 28
Page 42
Building and Other Legislation Amendment Bill (No. 2) 2010
Part 4 Amendment of Building Act 1975
[s 21]
`246ATB Private certifier to take enforcement action 1
`(1) The private certifier must take appropriate enforcement action 2
against the owner of the regulated pool to ensure it complies 3
with the pool safety standard. 4
`(2) For taking the enforcement action-- 5
(a) a reference in section 248 to a local government 6
includes a reference to a private certifier (class A) taking 7
action under subsection (1); and 8
(b) a reference in the Planning Act, chapter 7, part 3, 9
divisions 2 and 3 to an assessing authority includes a 10
reference to a private certifier (class A) taking action 11
under subsection (1). 12
`(3) However, in taking the enforcement action, the private 13
certifier need not first give a show cause notice for the matter 14
the subject of the enforcement action. 15
`(4) Subsection (3) applies despite section 248(3) and the Planning 16
Act, section 588(2). 17
`(5) To remove any doubt, it is declared that this section does not 18
limit the local government's functions or powers under this 19
Act or the Planning Act, chapter 7, part 3, divisions 2 and 3. 20
`(6) If-- 21
(a) under this section a private certifier (class A) gives a 22
person an enforcement notice; and 23
(b) the person does not comply with the notice; 24
the certifier must as soon as practicable give the local 25
government notice of the noncompliance. 26
Page 43
Building and Other Legislation Amendment Bill (No. 2) 2010
Part 4 Amendment of Building Act 1975
[s 21]
`Division 4 Obligation to give information to 1
particular regulated pool owners 2
`246ATC Local government's obligation to give information 3
about particular regulated pools 4
`(1) A local government must, at least once every 4 years, give the 5
swimming pool safety advisory information to each owner of 6
a non-certificate regulated pool in its local government area. 7
`(2) The local government may comply with subsection (1) in the 8
way it considers appropriate. 9
Example-- 10
a local government may include the swimming pool safety advisory 11
information in a document given to all ratepayers in its area 12
`(3) In this section-- 13
non-certificate regulated pool means a regulated pool 14
included on the regulated pools register, if a pool safety 15
certificate has not been in effect for the pool for at least 4 16
years. 17
swimming pool safety advisory information means 18
information prescribed under a regulation about matters 19
relating to ensuring barriers for swimming pools are safe and 20
reduce the risk of children drowning. 21
Examples of information-- 22
· information promoting the importance of having pools inspected 23
for compliance with the pool safety standard 24
· information about obligations to comply with the pool safety 25
standard 26
Page 44
Building and Other Legislation Amendment Bill (No. 2) 2010
Part 4 Amendment of Building Act 1975
[s 21]
`Division 5 Provisions about dealings involving 1
regulated pools 2
`Subdivision 1 Preliminary 3
`246ATD Definitions for div 5 4
`In this division-- 5
regulated premises means a building, or part of a building 6
(other than a part that is not a class 1, 2, 3 or 4 building), on 7
regulated land, if a regulated pool is situated on the land. 8
relevant regulated pool, for regulated premises, means-- 9
(a) if the premises are a building that is subject to an Act 10
mentioned in schedule 2, definition owner, of a 11
regulated pool, paragraphs (a) to (e)--a regulated pool 12
situated on common property or a common property lot 13
under that Act; or 14
(b) if the premises are part of a building mentioned in 15
paragraph (a)--a regulated pool situated on that part or 16
on common property or a common property lot under 17
the Act mentioned in paragraph (a) to which the 18
building is subject; or 19
(c) if the premises is a moveable dwelling situated on a 20
moveable dwelling park--a regulated pool situated on 21
the dwelling, the site in the moveable dwelling park 22
where the dwelling is situated or on other land, other 23
than moveable dwelling premises, in the moveable 24
dwelling park; or 25
(d) if the premises is a manufactured home in a residential 26
park--a regulated pool situated on the manufactured 27
home, the site in the residential park where the 28
manufactured home is situated or on the common areas 29
of the residential park; or 30
Page 45
Building and Other Legislation Amendment Bill (No. 2) 2010
Part 4 Amendment of Building Act 1975
[s 21]
(e) if paragraphs (a) to (d) do not apply--a regulated pool 1
situated on the regulated land where the premises are 2
located. 3
`246ATE When pool safety certificate taken to be in effect for 4
div 5 5
`(1) This section applies for each provision of this division and any 6
proceeding relating to a purported contravention of the 7
provision. 8
`(2) A pool safety certificate is taken to be in effect for a relevant 9
regulated pool at a particular time if information included on 10
the regulated pools register at that time shows that a pool 11
safety certificate is in effect for the pool. 12
`(3) However, subsection (2) does not apply in relation to the 13
owner of a relevant regulated pool if the owner knew, or ought 14
reasonably to have known, that a pool safety certificate was 15
not in effect for the pool. 16
`Subdivision 2 Offences and other requirements 17
`246ATF Offence about sale of regulated premises 18
`An owner of regulated premises who is proposing to sell the 19
premises must, before settlement under a contract of sale for 20
the premises-- 21
(a) if a pool safety certificate is in effect for a relevant 22
regulated pool for the premises--give to the purchaser 23
of the premises under the contract a copy of the pool 24
safety certificate; and 25
(b) if a pool safety certificate is not in effect for a relevant 26
regulated pool that is not a shared pool--give a notice in 27
the approved form to each of the following-- 28
(i) the purchaser; 29
(ii) the chief executive; and 30
Page 46
Building and Other Legislation Amendment Bill (No. 2) 2010
Part 4 Amendment of Building Act 1975
[s 21]
(c) if a pool safety certificate is not in effect for a relevant 1
regulated pool that is a shared pool--give a notice in the 2
approved form to each of the following-- 3
(i) the purchaser; 4
(ii) the owner of the shared pool; 5
(iii) the chief executive. 6
Maximum penalty--165 penalty units. 7
`246ATG Offence about entering into accommodation 8
agreement--regulated pool that is not a shared pool 9
`The owner of regulated premises must not enter into an 10
accommodation agreement for the premises unless a pool 11
safety certificate is in effect for each relevant regulated pool 12
for the premises that is not a shared pool. 13
Maximum penalty--165 penalty units. 14
`246ATH Offences about entering into accommodation 15
agreement--pool safety certificate in effect for 16
shared pool 17
`(1) Subsection (2) applies to the owner of regulated premises if a 18
pool safety certificate is in effect for a relevant regulated pool 19
for the premises that is a shared pool. 20
`(2) The owner must, before entering into an accommodation 21
agreement for the premises ensure a copy of the pool safety 22
certificate is conspicuously displayed as near as practicable 23
to-- 24
(a) the main entrance of the premises; or 25
(b) each gate or door giving access to the shared pool. 26
Maximum penalty--165 penalty units. 27
`(3) Subsection (4) applies to the owner of regulated premises if a 28
pool safety certificate is in effect for a relevant regulated pool 29
for the premises that-- 30
(a) is a shared pool; and 31
Page 47
Building and Other Legislation Amendment Bill (No. 2) 2010
Part 4 Amendment of Building Act 1975
[s 21]
(b) is not situated on land or in a building at which 1
short-term accommodation is provided. 2
Examples of buildings at which short-term accommodation is 3
provided-- 4
motel, hotel and backpacker's hostel 5
`(4) The owner must, before entering into an accommodation 6
agreement for the premises, give to the person who will be the 7
occupier of the premises under the agreement a copy of the 8
pool safety certificate. 9
Maximum penalty--165 penalty units. 10
`246ATI Offence about entering into accommodation 11
agreement--pool safety certificate not in effect for 12
shared pool 13
`(1) This section applies to the owner of regulated premises if a 14
pool safety certificate is not in effect for a relevant regulated 15
pool for the premises that is a shared pool. 16
`(2) The owner must, before entering into an accommodation 17
agreement for the premises, give a notice in the approved form 18
to each of the following-- 19
(a) if the shared pool is not situated on land or in a building 20
at which short-term accommodation is provided--the 21
person who will be the occupier of the premises under 22
the accommodation agreement; 23
(b) the owner of the shared pool; 24
(c) the chief executive. 25
Maximum penalty--165 penalty units. 26
`246ATJ Requirement to obtain pool safety certificate for 27
regulated pool that is not a shared pool 28
`(1) This section applies to a person who purchases regulated 29
premises if, at settlement under the contract of sale for the 30
premises, a pool safety certificate is not in effect for a relevant 31
regulated pool for the premises that is not a shared pool. 32
Page 48
Building and Other Legislation Amendment Bill (No. 2) 2010
Part 4 Amendment of Building Act 1975
[s 21]
`(2) The person must ensure there is a pool safety certificate in 1
effect for the pool within 90 days after the day of settlement. 2
Maximum penalty--165 penalty units. 3
`(3) This section applies despite a contravention of section 4
246ATF(b) or (c) in relation to the sale of the regulated 5
premises. 6
`246ATK Requirement to obtain pool safety certificate for 7
regulated pool that is a shared pool 8
`(1) Subsection (2) applies to the owner of a shared pool on 9
regulated premises if the owner is given a notice under section 10
246ATF(c) relating to the sale of the premises. 11
`(2) The owner must ensure there is a pool safety certificate in 12
effect for the pool within 90 days after the day of settlement 13
under the contract of sale for the premises. 14
Maximum penalty--165 penalty units. 15
`(3) Subsection (4) applies to the owner of a shared pool on 16
regulated premises if the owner is given a notice under section 17
246ATI relating to an accommodation agreement for the 18
premises. 19
`(4) The owner must ensure there is a pool safety certificate in 20
effect for the pool within 90 days after the day the 21
accommodation agreement is entered into. 22
Maximum penalty--165 penalty units. 23
Note-- 24
For the application of this provision to particular regulated pools 25
constructed before the 2010 Act commencement day, see section 300. 26
`246ATL Licensee not to ask for, or receive, reward in 27
particular circumstances 28
`(1) Subsection (2) applies if, immediately before an 29
accommodation agreement is entered into for regulated 30
premises, a pool safety certificate is not in effect for a relevant 31
regulated pool for the premises that is not a shared pool. 32
Page 49
Building and Other Legislation Amendment Bill (No. 2) 2010
Part 4 Amendment of Building Act 1975
[s 22]
`(2) A licensee must not, for any activities carried out by the 1
licensee for the entering into of the accommodation 2
agreement, ask for, or receive, a reward for the performance of 3
the licensee's activities. 4
`(3) A contravention of subsection (2) is not an offence. 5
`(4) However, a failure of a licensee to comply with subsection (2) 6
is, for the Property Agents and Motor Dealers Act 2000, 7
section 496, a ground for starting disciplinary proceedings 8
against the licensee. 9
`(5) In this section-- 10
licensee means a person in whose name a property agents and 11
motor dealers licence is issued and in force under the Property 12
Agents and Motor Dealers Act 2000. 13
reward includes remuneration of any kind including, for 14
example, any fee, commission or gain.'. 15
Clause 22 Amendment of s 246AU (Person must not perform pool 16
safety inspection functions without licence) 17
Section 246AU, from `unless--' to `complying pool.'-- 18
omit, insert-- 19
`unless the function is carrying out minor repairs mentioned in 20
section 231C(b).'. 21
Clause 23 Amendment of s 246CK (Making a complaint against a 22
pool safety inspector) 23
(1) Section 246CK(2)(c)-- 24
omit. 25
(2) Section 246CK(4) and (5)-- 26
renumber as section 246CK(5) and (6). 27
(3) Section 246CK-- 28
insert-- 29
Page 50
Building and Other Legislation Amendment Bill (No. 2) 2010
Part 4 Amendment of Building Act 1975
[s 24]
`(4) PSC may require a complaint or the further particulars to be 1
verified by statutory declaration.'. 2
(4) Section 246CK(5), as renumbered under this section, from 3
`division'-- 4
omit, insert-- 5
`division if-- 6
(a) the further particulars are not given; or 7
(b) the complaint or further particulars are not verified by 8
statutory declaration in compliance with subsection 9
(4).'. 10
Clause 24 Amendment of s 246DI (Decision on application and 11
steps after making decision) 12
Section 246DI-- 13
insert-- 14
`(8) In considering if an eligible course provider is a suitable entity 15
to conduct the training course, PSC must consider each of the 16
following-- 17
(a) whether the entity, or an executive officer of the entity, 18
has been convicted of a relevant offence; 19
(b) whether the entity has been refused an approval for a 20
training course under this part, or has had an approval 21
cancelled; 22
(c) any other matter PSC considers relevant. 23
`(9) In this section-- 24
executive officer, of an eligible course provider, means a 25
person who is concerned with or takes part in the eligible 26
course provider's management, whether or not the person's 27
position is given the name of executive officer.'. 28
Clause 25 Amendment of s 246FD (Payments from fund) 29
Section 246FD(b), `relating to pool safety'-- 30
Page 51
Building and Other Legislation Amendment Bill (No. 2) 2010
Part 4 Amendment of Building Act 1975
[s 26]
omit, insert-- 1
`relating to, or incidental to, carrying out PSC's functions or 2
exercising its powers under this chapter'. 3
Clause 26 Insertion of new s 246FK 4
Chapter 8, part 9, division 6-- 5
insert-- 6
`246FK Privacy 7
`(1) This section applies to a person who-- 8
(a) is, or has been, a member of PSC or a person appointed 9
under section 246FA(4); and 10
(b) obtains in the course of, or because of, the performance 11
of a function of PSC, personal information that is not 12
publicly available. 13
`(2) The person must not-- 14
(a) make a record of the information; or 15
(b) divulge or communicate the information to anyone else, 16
whether directly or indirectly; or 17
(c) use the information to benefit any person. 18
Maximum penalty--100 penalty units. 19
`(3) However, subsection (2) does not apply if the record is made, 20
or the information is divulged, communicated or used-- 21
(a) for, or as part of, a function of PSC; or 22
(b) with the consent of the person to whom the information 23
relates; or 24
(c) as required by law.'. 25
Clause 27 Amendment of s 256 (Prosecution of offences) 26
(1) Section 256(2)(c), (d) and (e)-- 27
renumber as section 256(2)(e), (f) and (g). 28
Page 52
Building and Other Legislation Amendment Bill (No. 2) 2010
Part 4 Amendment of Building Act 1975
[s 28]
(2) Section 256(2)-- 1
insert-- 2
`(c) for an offence against section 245K or 245L--the chief 3
executive or a local government; or 4
(d) for an offence against chapter 8, part 4, division 5, 5
subdivision 2--the chief executive, a local government 6
or a person authorised by a local government; or'. 7
Clause 28 Insertion of new s 257A 8
After section 257-- 9
insert-- 10
`257A Disclosure of particular information 11
`(1) A relevant person is authorised to disclose pool immersion 12
information if the chief executive-- 13
(a) believes on reasonable grounds the disclosure is in the 14
public interest; and 15
(b) has, in writing, authorised the disclosure. 16
`(2) Also, a relevant person is authorised to disclose pool safety 17
information to PSC if the chief executive-- 18
(a) believes on reasonable grounds the disclosure is in the 19
public interest; and 20
(b) has, in writing, authorised the disclosure. 21
`(3) In addition, a relevant person is authorised to disclose pool 22
immersion information if-- 23
(a) the disclosure is to the Commonwealth, another State, or 24
an entity of the Commonwealth or another State and the 25
disclosure is required or allowed under an agreement-- 26
(i) between Queensland and the Commonwealth, 27
State or entity; and 28
(ii) prescribed under a regulation; or 29
Page 53
Building and Other Legislation Amendment Bill (No. 2) 2010
Part 4 Amendment of Building Act 1975
[s 28]
(b) the disclosure is to an entity of the State and the 1
disclosure is required or allowed under an agreement-- 2
(i) between the chief executive and the entity; and 3
(ii) prescribed under a regulation; or 4
(c) the disclosure is to a person who requires the 5
information to perform a function under the Coroners 6
Act 2003, other than the preparation of an annual report. 7
`(4) The department's annual report for a financial year under the 8
Financial Accountability Act 2009 must include details of-- 9
(a) the nature of any information disclosed under subsection 10
(1) or (2) during the financial year; and 11
(b) the purpose for which the information was disclosed. 12
`(5) However, the details mentioned in subsection (4)(a) must not 13
identify, directly or indirectly, any person to whom the 14
information relates. 15
`(6) Despite the Public Service Act 2008, section 103, the chief 16
executive may not delegate the chief executive's power under 17
subsection (1) or (2). 18
`(7) In this section-- 19
entity, of the Commonwealth or a State, includes a department 20
and an entity established under an Act for a public purpose. 21
pool safety information means information about matters 22
relating to swimming pool safety obtained by the chief 23
executive in the administration of, or exercise of a function 24
under, chapter 8. 25
pool immersion information means information given to the 26
chief executive under section 245I. 27
relevant person means-- 28
(a) the chief executive; or 29
(b) an officer or employee of the department.'. 30
Page 54
Building and Other Legislation Amendment Bill (No. 2) 2010
Part 4 Amendment of Building Act 1975
[s 29]
Clause 29 Amendment of s 258 (Guidelines) 1
(1) Section 258(2)(b)-- 2
renumber as section 258(2)(d). 3
(2) Section 258(2)-- 4
insert-- 5
`(b) a guideline about the content of a pool safety 6
management plan; 7
(c) a guideline to help local governments declare an area to 8
be a remote area for section 246ACA;'. 9
Clause 30 Amendment of s 273 (Swimming pool fences for existing 10
tourist resort complexes exempted) 11
Section 273(2)-- 12
insert-- 13
`Note-- 14
A pool for which a local law is of no effect under this section is subject 15
to chapter 8.'. 16
Clause 31 Insertion of new ch 11, pt 10 17
Chapter 11-- 18
insert-- 19
`Part 10 Transitional provisions for 20
Building and Other Legislation 21
Amendment Act (No. 2) 2010 22
`290 Definitions for pt 10 23
`In this part-- 24
amending Act means the Building and Other Legislation 25
Amendment Act (No. 2) 2010. 26
Page 55
Building and Other Legislation Amendment Bill (No. 2) 2010
Part 4 Amendment of Building Act 1975
[s 31]
fencing standards, for a swimming pool, see previous section 1
233. 2
previous, for a provision of this Act, means the provision as in 3
force immediately before the 2010 Act commencement day. 4
unamended Act means this Act as in force before the 2010 5
Act commencement day. 6
`291 When s 232 applies to particular regulated pools 7
`(1) Subsection (2) applies to a regulated pool that-- 8
(a) is a shared pool; and 9
(b) was constructed before the 2010 Act commencement 10
day; and 11
(c) is situated on land or in a building at which only 12
short-term accommodation is provided. 13
Examples for paragraph (c)-- 14
motel, hotel and backpacker's hostel 15
`(2) If the pool safety standard application day for the pool 16
happens more than 90 days before the day that is 6 months 17
after the 2010 Act commencement day (the postponed day), 18
section 232(1) applies to the owner of the regulated pool on 19
and from the postponed day, unless a pool safety certificate is 20
in effect for the pool before that day. 21
`(3) Subsection (4) applies to a regulated pool that-- 22
(a) is a shared pool, other than a shared pool mentioned in 23
subsection (1)(a); and 24
(b) was constructed before the 2010 Act commencement 25
day. 26
`(4) If the pool safety standard application day for the pool 27
happens more than 90 days before the day that is 2 years after 28
the 2010 Act commencement day (also the postponed day), 29
section 232(1) applies to the owner of the regulated pool on 30
Page 56
Building and Other Legislation Amendment Bill (No. 2) 2010
Part 4 Amendment of Building Act 1975
[s 31]
and from the postponed day, unless a pool safety certificate is 1
in effect for the pool before that day. 2
`(5) This section applies despite section 232. 3
`292 Term of pool safety certificate for particular 4
regulated pools 5
`(1) This section applies-- 6
(a) to a shared pool to which section 291 applies; and 7
(b) despite section 246AL. 8
`(2) If a pool safety certificate is given for the pool before the day 9
that is 3 months after the 2010 Act commencement day, the 10
certificate expires at the end of 2 years after the day it is given, 11
unless it is sooner cancelled under section 246AF. 12
`(3) This section applies to a pool safety certificate whether it was 13
given before or after the 2010 Act commencement day. 14
`293 Continuing application of particular 15
provisions--requirements about fencing pool 16
`(1) This section applies to a regulated pool that is an outdoor 17
swimming pool constructed on residential land before the 18
2010 Act commencement day. 19
`(2) Previous sections 235 and 237 continue to apply to the pool 20
until-- 21
(a) for a pool to which section 291 applies--the later of the 22
following-- 23
(i) the day that is 6 months after the 2010 Act 24
commencement day; 25
(ii) the pool safety standard application day for the 26
pool; or 27
(b) for another pool--the pool safety standard application 28
day for the pool. 29
Page 57
Building and Other Legislation Amendment Bill (No. 2) 2010
Part 4 Amendment of Building Act 1975
[s 31]
`(3) For subsection (2), previous sections 232 to 234 continue to 1
apply as if the unamended Act had not been amended by the 2
amending Act. 3
`294 Continuing application of particular 4
provisions--resuscitation sign 5
`(1) This section applies to a regulated pool that is an outdoor 6
swimming pool constructed on residential land before the 7
2010 Act commencement day if-- 8
(a) under section 293, previous section 235 applies to the 9
pool; and 10
(b) previous section 236 applied to the pool owner of the 11
pool immediately before the 2010 Act commencement 12
day. 13
`(2) Previous section 236 continues to apply to the pool owner of 14
the pool while previous section 235 applies to it. 15
`(3) For subsection (2)-- 16
(a) previous section 236(2) continues to apply to the pool 17
owner as if a reference in the previous subsection to a 18
regulation were a reference to a regulation in force 19
immediately before the 2010 Act commencement day; 20
and 21
(b) previous sections 232 and 234 continue to apply as if the 22
unamended Act had not been amended by the amending 23
Act. 24
`295 Application of s 233 25
`(1) This section applies to a regulated pool being constructed on 26
the 2010 Act commencement day. 27
`(2) Section 233(2) applies to the relevant person for the regulated 28
pool as if the reference in the subsection to before 29
construction of the pool starts were a reference to on the 2010 30
Act commencement day. 31
Page 58
Building and Other Legislation Amendment Bill (No. 2) 2010
Part 4 Amendment of Building Act 1975
[s 31]
`(3) In this section-- 1
relevant person, for a regulated pool, see section 233(4). 2
`296 Continuing application of previous s 237 3
`(1) This section applies to a regulated pool that is an outdoor 4
swimming pool constructed on residential land before the 5
2010 Act commencement day if, under section 293, previous 6
section 235 applies to the pool. 7
`(2) Previous section 237 continues to apply to the pool owner of 8
the pool while previous section 235 applies to it. 9
`(3) For subsection (2), previous sections 232 and 234 continue to 10
apply as if the unamended Act had not been amended by the 11
amending Act. 12
`297 Application for exemption under previous s 240 13
`(1) This section applies to an application under previous section 14
240 for an exemption from compliance with the fencing 15
standards made to a local government but not decided before 16
the 2010 Act commencement day. 17
`(2) The local government may, under previous section 240-- 18
(a) continue to decide the application; and 19
(b) grant or refuse to grant the exemption. 20
`(3) Previous section 241(1) continues to apply for a decision 21
mentioned in subsection (2) as if the unamended Act had not 22
been amended by the amending Act. 23
`298 Continuing effect of particular exemptions 24
`(1) This section applies to an exemption, for a regulated pool, 25
from compliance with the fencing standards granted by a local 26
government under previous section 240, if the exemption is in 27
effect on the 2010 Act commencement day. 28
Page 59
Building and Other Legislation Amendment Bill (No. 2) 2010
Part 4 Amendment of Building Act 1975
[s 31]
`(2) The exemption is taken to be an exemption granted under 1
chapter 8, part 2, division 3. 2
`(3) If the exemption was subject to a condition immediately 3
before the 2010 Act commencement day, the exemption 4
continues to be subject to the condition. 5
`299 Keeping copy of exemption 6
`(1) This section applies to an exemption granted by a local 7
government under previous section 240. 8
`(2) Section 244 applies to the local government in relation to the 9
exemption as if the exemption were granted under chapter 8, 10
part 2, division 3. 11
`300 When s 246ATK applies to particular regulated pools 12
`(1) Subsection (2) applies to a regulated pool that-- 13
(a) is a shared pool; and 14
(b) was constructed before the 2010 Act commencement 15
day; and 16
(c) is situated on land or in a building at which only 17
short-term accommodation is provided. 18
Examples for paragraph (c)-- 19
motel, hotel and backpacker's hostel 20
`(2) If the owner of the regulated pool is given a relevant notice 21
more than 90 days before the day that is 6 months after the 22
2010 Act commencement day (the postponed day), section 23
246ATK applies to the owner of the pool-- 24
(a) as if the reference in section 246ATK(2) to within 90 25
days after the day of settlement under the contract of 26
sale for the premises were a reference to by the 27
postponed day; and 28
(b) as if the reference in section 246ATK(4) to within 90 29
days after the day the accommodation agreement is 30
entered into were a reference to by the postponed day. 31
Page 60
Building and Other Legislation Amendment Bill (No. 2) 2010
Part 4 Amendment of Building Act 1975
[s 32]
`(3) Subsection (4) applies to a regulated pool that-- 1
(a) is a shared pool, other than a shared pool mentioned in 2
subsection (1); and 3
(b) was constructed before the 2010 Act commencement 4
day. 5
`(4) If the owner of the regulated pool is given a relevant notice 6
more than 90 days before the day that is 2 years after the 2010 7
Act commencement day (also the postponed day), section 8
246ATK applies to the owner of the regulated pool-- 9
(a) as if the reference in section 246ATK(2) to within 90 10
days after the day of settlement under the contract of 11
sale for the premises were a reference to by the 12
postponed day; and 13
(b) as if the reference in section 246ATK(4) to within 90 14
days after the day the accommodation agreement is 15
entered into were a reference to by the postponed day. 16
`(5) This section applies despite section 246ATK. 17
`(6) In this section-- 18
relevant notice means a notice under section 246ATF(c) or 19
246ATI.'. 20
Clause 32 Amendment of sch 2 (Dictionary) 21
(1) Schedule, definitions construct, fencing standards, pool 22
owner and revocation notice-- 23
omit. 24
(2) Schedule 2-- 25
insert-- 26
`2010 Act commencement day means the day the Building 27
and Other Legislation Amendment Act (No. 2) 2010, part 4, 28
commences. 29
accommodation agreement, for chapter 8, see section 231A. 30
amending Act, for chapter 11, part 10, see section 290. 31
Page 61
Building and Other Legislation Amendment Bill (No. 2) 2010
Part 4 Amendment of Building Act 1975
[s 32]
approved pool safety management plan means a pool safety 1
management plan approved and in effect under chapter 8, part 2
2, division 6. 3
chief executive (health) means the chief executive of the 4
department in which the Health Services Act 1991 is 5
administered. 6
common areas, for a residential park, see the Manufactured 7
Homes (Residential Parks) Act 2003, schedule. 8
construct, for a regulated pool, includes install or place the 9
pool on land, including within a building. 10
Examples-- 11
1 A person constructs a regulated pool if the person installs the pool 12
above ground level on land or in a building. 13
2 A person constructs a regulated pool if the pool is portable and the 14
person places it, ready to be filled with water, on land or in a 15
building. 16
fencing standards, for chapter 11, part 10, see section 290. 17
homestay or assisted accommodation agreement, for chapter 18
8, see section 231A. 19
manufactured home see the Manufactured Homes 20
(Residential Parks) Act 2003, section 10. 21
member, of a person's family, for chapter 8, see section 231A. 22
moveable dwelling see the Residential Tenancies and 23
Rooming Accommodation Act 2008, schedule 2. 24
moveable dwelling park see the Residential Tenancies and 25
Rooming Accommodation Act 2008, schedule 2. 26
moveable dwelling premises see the Residential Tenancies 27
and Rooming Accommodation Act 2008, schedule 2. 28
owner, of a regulated pool, means-- 29
(a) for a regulated pool on land or in a building or structure 30
that is subject to the Integrated Resort Development Act 31
1987 or the Sanctuary Cove Resort Act 1985-- 32
Page 62
Building and Other Legislation Amendment Bill (No. 2) 2010
Part 4 Amendment of Building Act 1975
[s 32]
(i) if the pool is situated on a single lot--the 1
registered proprietor of the lot; or 2
(ii) if the pool is situated on common property under 3
the Act--the primary thoroughfare body corporate 4
for the common property; or 5
(b) for a regulated pool on land or in a building or structure 6
that is subject to the Mixed Use Development Act 7
1993-- 8
(i) if the pool is situated on a single lot--the 9
registered proprietor of the lot; or 10
(ii) if the pool is situated on a community property lot 11
under the Act--the community body corporate for 12
the lot; or 13
(c) subject to paragraphs (a) and (b), for a regulated pool on 14
land or in a building or structure that is subject to the 15
Building Units and Group Titles Act 1980-- 16
(i) if the pool is situated on a single lot--the 17
registered proprietor of the lot; or 18
(ii) if the pool is situated on common property under 19
the Act--the body corporate for the common 20
property; or 21
(d) for a regulated pool on land or in a building or structure 22
that is, under the Body Corporate and Community 23
Management Act 1997, on scheme land for a single 24
community titles scheme-- 25
(i) if the pool is situated on a single lot--the 26
registered proprietor of the lot; or 27
(ii) if the pool is situated on common property under 28
the Act for the community titles scheme--the body 29
corporate for the scheme; or 30
(e) for a regulated pool on land or in a building or structure 31
that is, under the Body Corporate and Community 32
Management Act 1997, on scheme land for 2 or more 33
community titles schemes-- 34
Page 63
Building and Other Legislation Amendment Bill (No. 2) 2010
Part 4 Amendment of Building Act 1975
[s 32]
(i) if the pool is situated on a single lot--the 1
registered proprietor of the lot; or 2
(ii) if the pool is situated on common property under 3
the Act for a community titles scheme--the body 4
corporate for the community titles scheme that is a 5
principal scheme; or 6
(f) for a regulated pool on land, or in a building or structure 7
on land, granted in trust or reserved and set apart and 8
placed under the control of trustees under the Land Act 9
1994--the trustees of the land; or 10
(g) for a regulated pool situated on a moveable dwelling or 11
the site in a moveable dwelling park where the dwelling 12
is situated-- 13
(i) generally--the owner of the moveable dwelling; or 14
(ii) if the occupier of the moveable dwelling is the 15
owner of the pool but not the owner of the 16
dwelling--the occupier; or 17
(h) for a regulated pool on a moveable dwelling park, other 18
than on moveable dwelling premises in the park--the 19
owner of the park; or 20
(i) for a regulated pool on a manufactured home in a 21
residential park, or on the site in the park where the 22
home is situated-- 23
(i) generally--the owner of the manufactured home; 24
or 25
(ii) if the occupier of the manufactured home is the 26
owner of the pool but not the owner of the 27
home--the occupier; or 28
(j) for a regulated pool on the common areas of a 29
residential park--the owner of the residential park; or 30
(k) if paragraphs (a) to (j) do not apply-- 31
(i) generally--the owner of the land, building or 32
structure on which the pool is situated; or 33
Page 64
Building and Other Legislation Amendment Bill (No. 2) 2010
Part 4 Amendment of Building Act 1975
[s 32]
(ii) if the occupier of the land, building or structure, or 1
that part of any land, building or structure, on 2
which the pool is situated is the owner of the pool 3
but not the owner of the land, building or 4
structure--the occupier. 5
pool immersion incident, for chapter 8, see section 231A. 6
pool safety management plan see section 245K. 7
pool safety measures see section 245M(3). 8
pool safety standard application day, see section 231A. 9
previous, for chapter 11, part 10, see section 290. 10
regulated premises, for chapter 8, part 4, division 5, see 11
section 246ATD. 12
relevant regulated pool, for chapter 8, part 4, division 5, see 13
section 246ATD. 14
residential park see the Manufactured Homes (Residential 15
Parks) Act 2003, section 12. 16
revocation notice-- 17
(a) for chapter 8, part 2, division 3--see section 242(3); and 18
(b) for chapter 8, part 2, division 4--see section 245E(3). 19
unamended Act, for chapter 11, part 10, see section 290.'. 20
(3) Schedule 2, definition portable wading pool, paragraph (a), 21
`450mm'-- 22
omit, insert-- 23
`300mm'. 24
(4) Schedule 2, definition swimming pool-- 25
insert-- 26
`(h) a spa bath situated in a bathroom, other than a spa bath 27
continually filled with water to a depth of more than 28
300mm; or 29
(i) a birthing pool used solely for waterbirths.'. 30
Page 65
Building and Other Legislation Amendment Bill (No. 2) 2010
Part 5 Amendment of City of Brisbane Act 2010
[s 33]
Part 5 Amendment of City of Brisbane 1
Act 2010 2
Clause 33 Act amended 3
This part amends the City of Brisbane Act 2010. 4
Clause 34 Insertion of new s 41A 5
Chapter 3, part 2, division 3-- 6
insert-- 7
`41A Swimming pool safety 8
`(1) The council must not make a local law that regulates-- 9
(a) the construction or maintenance of barriers for a 10
regulated pool; or 11
(b) a matter for ensuring the safety of persons using a 12
regulated pool and prescribed under the Building Act, 13
section 231D(1), definition pool safety standard, 14
paragraph (b). 15
`(2) If a local law that is in force before the commencement of this 16
section contains a provision that regulates a matter mentioned 17
in subsection (1), the council-- 18
(a) must not amend the provision after the commencement; 19
and 20
(b) must repeal the provision by 1 January 2017. 21
`(3) A local law, to the extent that it is contrary to this section, has 22
no effect. 23
`(4) In this section-- 24
barriers, for a regulated pool, includes any of the following-- 25
(a) the fencing for the pool; 26
(b) the walls of a building enclosing the pool; 27
(c) another form of barrier mentioned or provided for in the 28
pool safety standard under the Building Act.'. 29
Page 66
Building and Other Legislation Amendment Bill (No. 2) 2010
Part 5 Amendment of City of Brisbane Act 2010
[s 35]
Clause 35 Insertion of new s 123A 1
After section 123-- 2
insert-- 3
`123A Entry by authorised person, at reasonable times, to 4
inspect regulated pools 5
`(1) At all reasonable times, an authorised person may enter a 6
property (other than a home on the property) without 7
permission of the occupier of the property to inspect a 8
regulated pool, and barriers or fencing for the pool, for 9
compliance with-- 10
(a) if, under the Building Act, the owner of the pool must 11
ensure the pool complies with the pool safety standard 12
or a part of the standard--the pool safety standard or 13
part; or 14
(b) if paragraph (a) does not apply--a provision of a law 15
that regulates-- 16
(i) the construction or maintenance of barriers or 17
fencing for the pool; or 18
(ii) another matter relating to the safety of persons 19
using the pool. 20
`(2) However, the authorised person must, as soon as the 21
authorised person enters the property-- 22
(a) inform any occupier of the property-- 23
(i) of the reason for entering the property; and 24
(ii) that the authorised person is authorised under this 25
Act to enter the property without the permission of 26
the occupier; and 27
(b) produce his or her identity card for the occupier of the 28
property to inspect. 29
`(3) In this section-- 30
pool safety standard see the Building Act, section 231D.'. 31
Page 67
Building and Other Legislation Amendment Bill (No. 2) 2010
Part 6 Amendment of Local Government Act 2009
[s 36]
Clause 36 Amendment of s 124 (General powers after entering a 1
property) 2
Section 124(1)(b), `or 122'-- 3
omit, insert-- 4
`, 122 or 123A'. 5
Clause 37 Amendment of schedule (Dictionary) 6
Schedule-- 7
insert-- 8
`regulated pool see the Building Act, section 231B.'. 9
Part 6 Amendment of Local 10
Government Act 2009 11
Clause 38 Act amended 12
This part amends the Local Government Act 2009. 13
Clause 39 Insertion of new s 38A 14
Chapter 3, part 1, division 3-- 15
insert-- 16
`38A Swimming pool safety 17
`(1) A local government must not make a local law that 18
regulates-- 19
(a) the construction or maintenance of barriers for a 20
regulated pool; or 21
(b) a matter for ensuring the safety of persons using a 22
regulated pool and prescribed under the Building Act, 23
section 231D(1), definition pool safety standard, 24
paragraph (b). 25
Page 68
Building and Other Legislation Amendment Bill (No. 2) 2010
Part 6 Amendment of Local Government Act 2009
[s 40]
`(2) If a local law that is in force before the commencement of this 1
section contains a provision that regulates a matter mentioned 2
in subsection (1), the local government-- 3
(a) must not amend the provision after the commencement; 4
and 5
(b) must repeal the provision by 1 January 2017. 6
`(3) A local law, to the extent that it is contrary to this section, has 7
no effect. 8
`(4) In this section-- 9
barriers, for a regulated pool, includes any of the following-- 10
(a) the fencing for the pool; 11
(b) the walls of a building enclosing the pool; 12
(c) another form of barrier mentioned or provided for in the 13
pool safety standard under the Building Act.'. 14
Clause 40 Insertion of new s 134A 15
After section 134-- 16
insert-- 17
`134A Entry by authorised person, at reasonable times, to 18
inspect regulated pools 19
`(1) At all reasonable times, an authorised person may enter a 20
property (other than a home on the property) without 21
permission of the occupier of the property to inspect a 22
regulated pool, and barriers or fencing for the pool, for 23
compliance with-- 24
(a) if, under the Building Act, the owner of the pool must 25
ensure the pool complies with the pool safety standard 26
or a part of the standard--the pool safety standard or 27
part; or 28
(b) if paragraph (a) does not apply--a provision of a law 29
that regulates-- 30
Page 69
Building and Other Legislation Amendment Bill (No. 2) 2010
Part 6 Amendment of Local Government Act 2009
[s 41]
(i) the construction or maintenance of barriers or 1
fencing for the pool; or 2
(ii) another matter relating to the safety of persons 3
using the pool. 4
`(2) However, the authorised person must, as soon as the 5
authorised person enters the property-- 6
(a) inform any occupier of the property-- 7
(i) of the reason for entering the property; and 8
(ii) that the authorised person is authorised under this 9
Act to enter the property without the permission of 10
the occupier; and 11
(b) produce his or her identity card for the occupier of the 12
property to inspect. 13
`(3) In this section-- 14
pool safety standard see the Building Act, section 231D.'. 15
Clause 41 Amendment of s 135 (General powers after entering a 16
property) 17
Section 135(1)(b), `or 133'-- 18
omit, insert-- 19
`, 133 or 134A'. 20
Clause 42 Amendment of sch 4 (Dictionary) 21
Schedule 4-- 22
insert-- 23
`regulated pool see the Building Act, section 231B.'. 24
Page 70
Building and Other Legislation Amendment Bill (No. 2) 2010
Part 7 Amendment of Royal National Agricultural and Industrial Association of Queensland
Act 1971
[s 43]
Part 7 Amendment of Royal National 1
Agricultural and Industrial 2
Association of Queensland Act 3
1971 4
Clause 43 Act amended 5
This part amends the Royal National Agricultural and 6
Industrial Association of Queensland Act 1971. 7
Clause 44 Amendment of s 4 (Definitions) 8
Section 4-- 9
insert-- 10
`prescribed land, for part 3A, see section 17D. 11
registrar means the registrar of titles.'. 12
Clause 45 Amendment of s 13 (Dealing with Association's land) 13
Section 13(1), after `section'-- 14
insert-- 15
`and part 3A'. 16
Clause 46 Insertion of new part 3A 17
After part 3-- 18
insert-- 19
`Part 3A Dealing with particular land 20
`17D Land to which this part applies 21
`A regulation may prescribe land vested for an estate in fee 22
simple in the Association to be land to which this part applies 23
(prescribed land). 24
Page 71
Building and Other Legislation Amendment Bill (No. 2) 2010
Part 7 Amendment of Royal National Agricultural and Industrial Association of Queensland
Act 1971
[s 46]
`17E Dealing with prescribed land 1
`(1) The Association may not grant or agree to grant a mortgage, 2
charge or lien over prescribed land other than to Queensland 3
Treasury Corporation. 4
`(2) A mortgage, charge or lien granted by the Association over 5
land after the land becomes prescribed land, other than to 6
Queensland Treasury Corporation, is void. 7
`(3) No writ of execution may be registered in the freehold land 8
register in relation to prescribed land. 9
`(4) In this section-- 10
grant includes create. 11
writ of execution see the Land Title Act 1994, schedule 2. 12
`17F Insolvency events 13
`(1) For this section, an insolvency event happens if-- 14
(a) the Association is insolvent or states that it is insolvent; 15
or 16
(b) the Association takes a step to obtain, or is granted, 17
protection under a law from a creditor; or 18
(c) the Association's members pass a special resolution to 19
wind up the Association; or 20
(d) an event or circumstances mentioned in the Associations 21
Incorporation Act 1981, section 90(1)(a) to (e) happen; 22
or 23
(e) under the Associations Incorporation Act 1981, section 24
93, the incorporation of the Association is cancelled by 25
the chief executive of the department in which that Act 26
is administered; or 27
(f) a receiver, or receiver and manager, is appointed to the 28
Association or any of its assets; or 29
(g) a mortgagee takes possession of any of the Association's 30
assets or undertakings; or 31
Page 72
Building and Other Legislation Amendment Bill (No. 2) 2010
Part 7 Amendment of Royal National Agricultural and Industrial Association of Queensland
Act 1971
[s 46]
(h) anything else happens that corresponds, or has a 1
substantially similar effect, to an event or circumstances 2
mentioned in paragraphs (a) to (g). 3
`(2) If an insolvency event happens, all prescribed land is divested 4
from the Association and vests for an estate in fee simple in 5
the State subject to any mortgages, charges, encumbrances, 6
liens, leases, easements, agreements, licences, and other 7
transactions affecting the land at the time of the insolvency 8
event. 9
`(3) No compensation is payable by the State to the Association or 10
any other person because of the operation of subsection (2). 11
`(4) The chief executive may give to the registrar-- 12
(a) a certificate stating that an insolvency event has 13
happened; and 14
(b) a request to record the vesting of the prescribed land in 15
the State under subsection (2). 16
`(5) On receiving the certificate and request, the registrar must 17
record the vesting of the prescribed land in the freehold land 18
register in the appropriate way. 19
`(6) However, subsection (5) applies subject to any declaration by 20
a court that the insolvency event has not happened. 21
`(7) To remove any doubt, it is declared that, if under this section 22
prescribed land is divested from the Association and vested 23
for an estate in fee simple in the State, nothing in this Act 24
limits how the State may use or deal with the land. 25
`17G Notice in freehold land register 26
`(1) As soon as practicable after land is prescribed under section 27
17D, the chief executive must ask the registrar to record that 28
this part applies to the prescribed land. 29
`(2) On receiving the request, the registrar must make a record in a 30
way that a search of the freehold land register relating to 31
prescribed land will show that this part applies to the land. 32
Page 73
Building and Other Legislation Amendment Bill (No. 2) 2010
Part 8 Amendment of Sustainable Planning Act 2009
[s 47]
`(3) If land stops being prescribed land, the chief executive must 1
ask the registrar to cancel a record made under subsection (2). 2
`(4) The registrar must comply with a request from the chief 3
executive to cancel a record made under subsection (2).'. 4
Part 8 Amendment of Sustainable 5
Planning Act 2009 6
Clause 47 Act amended 7
This part amends the Sustainable Planning Act 2009. 8
Clause 48 Amendment of s 736 (Publishing particular information 9
about development application) 10
(1) Section 736(2) and (3)-- 11
renumber as section 736(3) and (5). 12
(2) Section 736-- 13
insert-- 14
`(2) A local government may publish on its website the 15
information and documents that-- 16
(a) are prescribed under a regulation; and 17
(b) relate to each development application made to the local 18
government as assessment manager. 19
Examples of information-- 20
· the names of the referral agencies for the development application 21
· the day the development application was decided, and whether it 22
was approved, approved subject to conditions or refused 23
Examples of documents-- 24
· the approved form in which the development application was made 25
· the acknowledgement notice 26
Page 74
Building and Other Legislation Amendment Bill (No. 2) 2010
Part 8 Amendment of Sustainable Planning Act 2009
[s 48]
· a technical report'. 1
(3) Section 736(3), as renumbered under this section, after 2
`information'-- 3
insert-- 4
`mentioned in subsection (1)'. 5
(4) Section 736-- 6
insert-- 7
`(4) The local government may continue to publish on its website 8
the information mentioned in subsection (1) after the period 9
for which it is required to be published under subsection (3) 10
ends.'. 11
(5) Section 736(5), as renumbered under this section, from 12
`Subsection (1)' to `subsection'-- 13
omit, insert-- 14
`Subsections (1) and (2) do not apply to information or 15
documents mentioned in the subsections'. 16
(6) Section 736-- 17
insert-- 18
`(6) In subsection (2)-- 19
development application includes a development application 20
made under repealed IPA.'. 21
Page 75
Building and Other Legislation Amendment Bill (No. 2) 2010
Schedule
Schedule Minor amendments of Building 1
Act 1975 2
section 10 3
1 Chapter 6, part 3, division 2, heading, `license'-- 4
omit, insert-- 5
`licence'. 6
2 Schedule 2, definition show cause notice, paragraphs (b), 7
(c) and (d), `for'-- 8
omit. 9
3 Schedule 2, definition show cause period, paragraphs (c) 10
and (d), `for'-- 11
omit. 12
© State of Queensland 2010
Page 76
AMENDMENTS TO BILL
Building and Other Legislation Amendment Bill (No. 2) 2010
Building and Other Legislation
Amendment Bill (No. 2) 2010
Amendments agreed to during Consideration
1 Clause 12 (Amendment of s 231A (Definitions for ch 8))
Page 14, line 20, `(d) or (e)'--
omit, insert--
`(b), (c), (d) or (e)'.
2 Clause 14 (Replacement of ch 8, pt 2)
Page 25, lines 14 and 15, `chief executive'--
omit, insert--
`local government'.
3 Clause 14 (Replacement of ch 8, pt 2)
Page 25, lines 18 to 26--
omit, insert--
`(2) The application must be accompanied by enough details to--
(a) identify the part of the pool safety standard for which
the owner is seeking the exemption; and
(b) show compliance with the part of the pool safety
standard is not practicable.'.
4 Clause 14 (Replacement of ch 8, pt 2)
Page 26, lines 2 and 3, `chief executive may require the owner
to give the chief executive'--
omit, insert--
Page 1
Building and Other Legislation Amendment Bill (No. 2) 2010
`local government may require the owner to give the local
government'.
5 Clause 14 (Replacement of ch 8, pt 2)
Page 26, line 6, `chief executive'--
omit, insert--
`local government'.
6 Clause 14 (Replacement of ch 8, pt 2)
Page 26, line 10, `chief executive'--
omit, insert--
`local government'.
7 Clause 14 (Replacement of ch 8, pt 2)
Page 26, line 23, `chief executive'--
omit, insert--
`local government'.
8 Clause 14 (Replacement of ch 8, pt 2)
Page 26, line 24, `chief executive'--
omit, insert--
`local government'.
9 Clause 14 (Replacement of ch 8, pt 2)
Page 27, line 1, `chief executive'--
omit, insert--
`local government'.
Page 2
Building and Other Legislation Amendment Bill (No. 2) 2010
10 Clause 14 (Replacement of ch 8, pt 2)
Page 27, line 5, `chief executive'--
omit, insert--
`local government'.
11 Clause 14 (Replacement of ch 8, pt 2)
Page 27, line 6, `chief executive'--
omit, insert--
`local government'.
12 Clause 14 (Replacement of ch 8, pt 2)
Page 27, line 10, `chief executive'--
omit, insert--
`local government'.
13 Clause 14 (Replacement of ch 8, pt 2)
Page 27, line 11, `chief executive'--
omit, insert--
`local government'.
14 Clause 14 (Replacement of ch 8, pt 2)
Page 27, line 13, `chief executive'--
omit, insert--
`local government'.
15 Clause 14 (Replacement of ch 8, pt 2)
Page 27, line 15, `chief executive'--
omit, insert--
`local government'.
Page 3
Building and Other Legislation Amendment Bill (No. 2) 2010
16 Clause 14 (Replacement of ch 8, pt 2)
Page 27, after line 17--
insert--
`Note--
There is a right of appeal to a building and development dispute
resolution committee against the decision on the application or the
failure to decide the application. See the Planning Act, section 532.'.
17 Clause 14 (Replacement of ch 8, pt 2)
Page 27, line 18, `chief executive'--
omit, insert--
`local government'.
18 Clause 14 (Replacement of ch 8, pt 2)
Page 28, line 2, `Chief executive'--
omit, insert--
`Local government'.
19 Clause 14 (Replacement of ch 8, pt 2)
Page 28, line 4, `chief executive'--
omit, insert--
`local government'.
20 Clause 14 (Replacement of ch 8, pt 2)
Page 28, line 6, `chief executive'--
omit, insert--
`local government'.
21 Clause 14 (Replacement of ch 8, pt 2)
Page 28, line 13, `chief executive'--
Page 4
Building and Other Legislation Amendment Bill (No. 2) 2010
omit, insert--
`local government'.
22 Clause 14 (Replacement of ch 8, pt 2)
Page 28, lines 16 and 17, `under the show cause notice, the
chief executive'--
omit, insert--
`to it under the show cause notice, the local government'.
23 Clause 14 (Replacement of ch 8, pt 2)
Page 28, after line 27--
insert--
`Note--
There is a right of appeal to a building and development dispute
resolution committee against the decision to revoke the decision
previously given. See the Planning Act, section 532.'.
24 Clause 14 (Replacement of ch 8, pt 2)
Page 29, lines 3 to 10--
omit, insert--
`Subdivision 3 Miscellaneous
`245F Notice of exemption or revocation to be given to chief
executive
`(1) The local government must give the chief executive notice of
each exemption granted under this division.
`(2) If the local government gives a person a revocation notice, the
local government must give the chief executive notice of the
revocation notice.
`(3) A notice under subsection (1) or (2) must--
Page 5
Building and Other Legislation Amendment Bill (No. 2) 2010
(a) be given to the chief executive within 10 business days
after the exemption is granted or revocation notice is
given; and
(b) state all of the following--
(i) the address, and real property description, of the
land on which the regulated pool to which the
exemption or revocation notice relates is situated;
(ii) for a notice about a revocation notice--the day the
revocation notice was given.
`245FA Keeping copy of exemption
`(1) The local government must keep a copy of each exemption it
grants under this division.
`(2) The local government must--
(a) keep the copy while the exemption is still in force and
for at least 5 years after the exemption is no longer in
force; and
(b) make the copy available for inspection and purchase as
if it were a document that, under the Planning Act,
chapter 9, part 6, the local government must make
available for inspection and purchase.'.
25 Clause 14 (Replacement of ch 8, pt 2)
Page 33, lines 13 and 14, from `stop' to `adult.'--
omit, insert--
`appropriately provide for the safety of young children in and
around the pool.'.
26 Clause 14 (Replacement of ch 8, pt 2)
Page 34, lines 8 and 9, from `are appropriate' to `adult.'--
omit, insert--
`appropriately provide for the safety of young children in and
around the pool.'.
Page 6
Building and Other Legislation Amendment Bill (No. 2) 2010
27 Clause 14 (Replacement of ch 8, pt 2)
Page 34, lines 27 and 28, from `will' to `adult.'--
omit, insert--
`no longer appropriately provide for the safety of young
children in and around the pool.'.
28 Clause 14 (Replacement of ch 8, pt 2)
Page 36, line 17, `A person'--
omit, insert--
`(1) A person'.
29 Clause 14 (Replacement of ch 8, pt 2)
Page 36, line 18, after `must'--
insert--
`, unless the person has a reasonable excuse,'.
30 Clause 14 (Replacement of ch 8, pt 2)
Page 36, after line 20--
insert--
`(2) The owner of a regulated pool that is a shared pool must,
unless the owner has a reasonable excuse, ensure that any gate
or door giving access to the pool is kept securely closed at all
times when the gate or door is not in use.
Maximum penalty--165 penalty units.
`(3) The occupier of premises on which there is a regulated pool
that is not a shared pool must, unless the occupier has a
reasonable excuse, ensure that any gate or door giving access
to the pool is kept securely closed at all times when the gate or
door is not in use.
Maximum penalty--165 penalty units.'.
Page 7
Building and Other Legislation Amendment Bill (No. 2) 2010
31 Clause 14 (Replacement of ch 8, pt 2)
Page 37, after line 10--
insert--
`245UA Chief executive may give local government information
about regulated pools
`(1) This section applies if the chief executive reasonably suspects
the fencing or other barriers for a regulated pool do not
comply with the requirements of this Act for the fencing or
barriers.
`(2) The chief executive may, by notice given to the local
government, inform the local government of the chief
executive's suspicions.
`(3) The notice must include information about the location of the
regulated pool.'.
32 Clause 16 (Insertion of new s 246ADA)
Page 39, line 27, `notice.'--
omit, insert--
`notice; or
(c) a notice under section 245UA.'.
33 Clause 16 (Insertion of new s 246ADA)
Page 40, line 10, `subsection (2).'--
omit, insert--
`subsection (2) relating to a notice mentioned in subsection
(1)(a) or (b).'.
34 Clause 21 (Insertion of new ch 8, pt 4, divs 3-5)
Page 47, lines 15 to 27--
omit, insert--
Page 8
Building and Other Legislation Amendment Bill (No. 2) 2010
`246ATH Offences about displaying and giving copies of pool
safety certificates for shared pools
`(1) Subsection (2) applies to the owner of a relevant regulated
pool for regulated premises if--
(a) the pool is a shared pool; and
(b) a pool safety certificate is in effect for the pool.
`(2) The owner must, as soon as practicable after the pool safety
certificate is in effect for the pool and while it is in effect,
ensure a copy of the certificate is conspicuously displayed as
near as practicable to--
(a) the main entrance of the regulated premises; or
(b) a gate or door giving access to the pool.
Maximum penalty--165 penalty units.'.
35 Clause 21 (Insertion of new ch 8, pt 4, divs 3-5)
Page 50, line 15, `gain.'.'--
omit, insert--
`gain.
`Subdivision 3 Miscellaneous
`246ATM Prescribed notification requirements
`(1) This section applies in relation to the proposed sale of
regulated premises.
`(2) A regulation may prescribe notification requirements for the
owner of the premises to inform a prospective purchaser of the
premises, before any contract for the sale of the premises is
entered into, if there is no pool safety certificate in effect for a
relevant regulated pool for the premises.
`(3) The prescribed notification requirements may only require the
owner to inform the purchaser--
Page 9
Building and Other Legislation Amendment Bill (No. 2) 2010
(a) that there is no pool safety certificate in effect for a
relevant regulated pool for the premises; and
(b) about matters relating to the purchaser's potential
obligations under the Act if the premises are sold and
there is no pool safety certificate in effect for the
pool.'.'.
36 After clause 22
Page 50, after line 21--
insert--
`22A Amendment of s 246BH (Who may apply)
Section 246BH, from `An individual' to `individual--'--
omit, insert--
`(1) A building certifier may apply to PSC for a licence.
`(2) An individual who is not a building certifier may apply to PSC
for a licence only if the individual--'.
`22B Amendment of s 246BI (Requirements for application)
(1) Section 246BI(1)(c)(iv), `a copy'--
omit, insert--
`if the applicant is not a building certifier--a copy'.
(2) Section 246BI(1)(c)(v), `if'--
omit, insert--
`if the applicant is not a building certifier and'.'.
37 Clause 25 (Amendment of s 246FD (Payments from fund))
Page 51, lines 29 and 30 and page 52, lines 1 to 3--
omit.
Page 10
Building and Other Legislation Amendment Bill (No. 2) 2010
38 Clause 27 (Amendment of s 256 (Prosecution of
offences))
Page 52, lines 27 and 28 and page 53, lines 1 to 7--
omit, insert--
`(1) Section 256(2)(c), (d) and (e)--
renumber as section 256(2)(h), (i) and (j).
`(2) Section 256(2)--
insert--
`(c) for an offence against section 245G(1)--the chief
executive, a local government or the chief executive
(health); or
(d) for an offence against section 245K, 245L or
246AR(2)--the chief executive or a local government;
or
(e) for an offence against section 246AD(2) or
246AJ(4)--PSC or a local government; or
(f) for an offence against section 246AP(2)--the chief
executive, a local government or the general manager of
BSA; or
(g) for an offence against chapter 8, part 4, division 5,
subdivision 2, other than section 246ATH(2)--the chief
executive, a local government or a person authorised by
a local government; or'.
`(3) Section 256(2)(i), as renumbered under this section, `part 6 or
7'--
omit, insert--
part 6, 7 or 8, or section 246FF(1) or 246FK(2)'.
39 Clause 32 (Amendment of sch 2 (Dictionary))
Page 61, line 22, before `pool'--
insert--
`indoor swimming pool,'.
Page 11
Building and Other Legislation Amendment Bill (No. 2) 2010
40 Clause 32 (Amendment of sch 2 (Dictionary))
Page 62, after line 19--
insert--
`indoor swimming pool means--
(a) a swimming pool completely enclosed by the walls of a
building; or
(b) a swimming pool on a deck or roof top of a building if
the pool is, under the usual ways of entering or leaving
the building, only accessible from the inside of the
building.'.
© State of Queensland 2010
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