Building Act 2004

The Minister may revoke a Ministerial exemption that applies to a regulated swimming pool on the Minister’s own initiative if satisfied that any of the following apply:

the owner of the premises on which the pool is located has failed to comply with a condition of the exemption;

the owner of the premises knowingly or recklessly used false or misleading information in the application for the exemption, or an application for variation of the exemption;

no circumstance mentioned in section 83D (2) applies to the pool;

there is an immediate and serious risk to the health or safety of a person.

However, the Minister must not revoke an exemption unless the Minister—

has given the owner of the premises written notice that—

states that the Minister proposes to revoke the exemption; and

states the reason the Minister proposes to revoke the exemption; and

tells the owner that the owner may give a written response to the Minister about the matters stated in the notice not later than 28 days after the owner receives the notice; and

has considered any response given in accordance with paragraph (a) (iii); and

is satisfied that it is appropriate to revoke the certificate.

Subsection (2) does not apply to a revocation made under subsection (1) (d).

The revocation of the exemption takes effect—

for a revocation under subsection (1) (d)—immediately; or

in any other case—

90 days after the day notice is given to the owner; or

if another day is stated in the notice—on the stated day.