Building Act 1975

This section applies if—

a pool safety inspector notifies the local government about a regulated pool under section 246AC(4); or

the local government must, under section 246ADA, inspect a regulated pool.

An employee or agent of the local government may enter land on which the regulated pool is situated (the pool site) to inspect the pool.

If the owner, or an occupier, of the land is present at the pool site, the employee or agent must do, or make a reasonable attempt to do, the following things before entering the pool site—

identify himself or herself to the person, by—

producing his or her identity card for the person’s inspection before exercising the power; or

having the identity card displayed so it is clearly visible to the person when exercising the power;

tell the person the purpose of the entry;

seek the consent of the person to the entry;

tell the person the officer is permitted under this Act to enter the place without the person’s consent.

However, if it is not practicable to comply with subsection (3)(a), the employee or agent must produce the identity card for the person’s inspection at the first reasonable opportunity.

If the person is not present, the employee or agent must take reasonable steps to advise the person of the employee’s or agent’s intention to enter the place.

Subsections (3) and (4) do not require the employee or agent to take a step that the employee or agent reasonably believes may frustrate or otherwise hinder the purposes of the entry.

Subsection (2) does not apply to the entry of a dwelling.