Building Act 2004

A person commits an offence if—

the person is the owner of premises on which a regulated swimming pool is located; and

the person fails to maintain a safety barrier for the pool that is an effective and safe child-resistant barrier.

For subsection (1) (b) a safety barrier is an effective and safe child‑resistant barrier if the barrier—

complies with the safety standards for a regulated swimming pool; or

if the swimming pool is subject to a Ministerial exemption—complies with the safety standards to the extent the pool is not exempt from the standards; or

complies with a requirement prescribed by regulation.

An offence against this section is a strict liability offence.

It is a defence to a prosecution against this section if the defendant proves that the regulated swimming pool is subject to a standing exemption.

The defendant has a legal burden in relation to the matters mentioned in s (4) (see Criminal Code, s 59).