Building Act 1975

The local government must, before cancelling the pool safety certificate under section 246AF(2), give the owner of the regulated pool a notice (a show cause notice).

The show cause notice must state each of the following—

that the local government proposes cancelling the pool safety certificate for the pool;

the grounds for cancelling the pool safety certificate;

the facts and circumstances forming the basis for the grounds;

that the owner of the pool may, within a stated period (the show cause period), make submissions about why the pool safety certificate should not be cancelled.

The show cause period must end at least 10 business days after the owner is given the show cause notice.

The owner may, within the show cause period, make submissions to the local government about the show cause notice.

The local government must—

consider the submissions; and

decide whether to cancel the pool safety certificate for the pool.

If the local government decides not to cancel the pool safety certificate, it must give the owner notice of the decision.

If the local government decides to cancel the pool safety certificate, it must give the owner an information notice about the decision.

A decision to cancel the pool safety certificate takes effect at the end of 10 business days after the information notice is given unless the owner sooner appeals the decision.

If the owner appeals the decision to cancel the pool safety certificate, the decision is stayed until—

the appeal is withdrawn; or

the appeal is dismissed.