231A

Definitions for ch 8

In force

In this chapter—accommodation agreement—

1 Accommodation agreement means any of the following—

(a)

a residential tenancy agreement within the meaning of the Residential Tenancies and Rooming Accommodation Act 2008, section 12;

(b)

a rooming accommodation agreement within the meaning of the Residential Tenancies and Rooming Accommodation Act 2008, section 16;

(c)

a homestay or assisted accommodation agreement;

(d)

an agreement, other than an agreement mentioned in subparagraph (a), (b) or (c), under which a person gives to someone else a right to occupy premises in exchange for money or other valuable consideration.Example for subparagraph (d)—letting a motel or hotel room

2 Paragraph 1(d) applies—

(a)

whether or not the right is a right of exclusive occupation; and

(b)

whether the agreement is—

(i)

wholly in writing, wholly oral or wholly implied; or

(ii)

partly in a form mentioned in subsubparagraph (i) and partly in 1 or both of the other forms.

3 The term does not include an agreement between members of a family under which a member of the family gives to another member money or other valuable consideration for a right to occupy that other member’s residence.

complying pool means a regulated pool that—

(a)

complies with the pool safety standard; or

(b)

if an exemption is in effect under section 245B for the regulated pool—complies with the pool safety standard to the extent the exemption does not apply.

homestay or assisted accommodation agreement—

1 Homestay or assisted accommodation agreement means—

(a)

an agreement under which accommodation is provided at a person’s residence to a student who is enrolled to study or train at an educational institution in a State, if—

(i)

the student pays the person for the accommodation; and

(ii)

under the agreement, accommodation is also provided to a young child who is a dependant of the student; or

(b)

an agreement under which accommodation is provided to a person, free of charge, by a following entity at premises owned or operated by the entity—

(i)

a charity registered under the Collections Act 1966;

(ii)

a public sector entity;

(iii)

a local government.

2 Paragraph 1 applies whether the agreement is—

(a)

wholly in writing, wholly oral or wholly implied; or

(b)

partly in a form mentioned in subparagraph (a) and partly in 1 or both of the other forms.

member...pool immersion incident means an event involving the immersion or partial immersion of a young child under water in a swimming pool, if because of the immersion or partial immersion—

(a)

the child has died; or

(b)

the child has been deprived of air and the health or wellbeing of the child has been adversely affected.

pool safety inspection function see section 231C.pool safety standard see section 231D.pool safety standard application day, for a regulated pool, means—

(a)

for a pool situated on common property or a common property lot under an Act mentioned in schedule 2, definition owner, of a regulated pool, paragraphs (a) to (e) and for use by occupiers of a building subject to that Act—the earliest of the following days to happen—

(i)

if the building, or a part of the building, is sold and a pool safety certificate is not in effect for the pool at settlement under the contract of sale for the building or part—the day that is 90 days after the day of settlement;

(ii)

if an accommodation agreement is entered into for the building, or a part of the building, and a pool safety certificate is not in effect for the pool when the agreement is entered into—the day that is 90 days after the day the agreement is entered into;

(iii)

the day a pool safety certificate is first in effect for the pool;

(iv)

the day that is 5 years after the 2010 Act commencement day; or

(b)

for a pool situated on a part of a building mentioned in paragraph (a), other than a shared pool—the earliest of the following days to happen—

(i)

if the part of the building is sold and a pool safety certificate is not in effect for the pool at settlement under the contract of sale for the part—the day that is 90 days after the day of settlement;

(ii)

the day an accommodation agreement is entered into for the part of the building;

(iii)

the day a pool safety certificate is first in effect for the pool;

(iv)

the day that is 5 years after the 2010 Act commencement day; or

(c)

for a pool situated on a moveable dwelling or the site in a moveable dwelling park where the dwelling is situated, or on a manufactured home in a residential park or on the site in the park where the manufactured home is situated—the earliest of the following days to happen—

(i)

if the moveable dwelling or manufactured home is sold and a pool safety certificate is not in effect for the pool at settlement under the contract of sale for the moveable dwelling or manufactured home—the day that is 90 days after the day of settlement;

(ii)

the day an accommodation agreement is entered into for the moveable dwelling or manufactured home;

(iii)

the day a pool safety certificate is first in effect for the pool;

(iv)

the day that is 5 years after the 2010 Act commencement day; or

(d)

for a pool situated on a moveable dwelling park (other than on moveable dwelling premises on the park) or on the common areas of a residential park—the earliest of the following days to happen—

(i)

if the moveable dwelling park or residential park is sold and a pool safety certificate is not in effect for the pool at settlement under the contract of sale for the moveable dwelling park or residential park—the day that is 90 days after the day of settlement;

(ii)

if an accommodation agreement is entered into for any moveable dwelling situated on the moveable dwelling park, or any manufactured home situated in the residential park, and a pool safety certificate is not in effect for the pool when the agreement is entered into—the day that is 90 days after the day the agreement is entered into;

(iii)

the day a pool safety certificate is first in effect for the pool;

(iv)

the day that is 5 years after the 2010 Act commencement day; or

(e)

if paragraphs (a) to (d) do not apply—the earliest of the following days to happen—

(i)

if the building on the regulated land where the pool is situated is sold and a pool safety certificate is not in effect for the pool at settlement under the contract of sale for the building—the day that is 90 days after the day of settlement;

(ii)

the day an accommodation agreement is entered into for the building;

(iii)

the day a pool safety certificate is first in effect for the pool;

(iv)

the day that is 5 years after the 2010 Act commencement day.

regulated land—

1 Regulated land is land on which any of the following is constructed or is to be constructed—

(a)

a class 1, 2, 3 or 4 building;

(b)

a moveable dwelling park;

(c)

a residential park.

2 The term includes land adjacent to the land and—

(a)

in the same ownership as the land; or

(b)

used in association with the land.

regulated pool see section 231B.shared pool—

1 If the residents of 2 or more dwellings constructed, or to be constructed, on regulated land have, or will have, a right to use a regulated pool situated on the land, the pool is a shared pool.

2 For paragraph 1—

(a)

the resident of a dwelling is the person who is the owner or occupier of the dwelling or has a right to use the dwelling; and

(b)

a dwelling includes—

(i)

a moveable dwelling in a moveable dwelling park; and

(ii)

a manufactured home on a site in a residential park.

3 The term includes a regulated pool situated on land on which a class 3 building is, or is to be, constructed.

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