Competition and Consumer Act 2010 - Consumer Protection Notice No. 16 of 2011 - Permanent ban on pools and spas with unsafe design features

This legislative instrument imposes a permanent ban on certain pools and spas with unsafe design features. It was made under the Competition and Consumer Act 2010 and is in force.

The notice is aimed at a specific safety risk: entrapment caused by suction points and outlet designs in domestic swimming pools and spas. The text focuses on products that can trap part of a person's body or hair when the outlet is in use. It also separately bans a particular type of skimmer known as a potty skimmer.

The notice is product-specific. That means businesses need to look closely at the design of the goods they supply, not just the way the goods are marketed. If the product falls within one of the banned categories, it should not be supplied into the Australian market.

The notice identifies three categories of banned goods.

First, it bans potty skimmers designed for installation in domestic swimming pools or spas. The notice gives a detailed definition. A potty skimmer is a pool or spa outlet at water level used as a suction point for the water reticulation system which resembles a child's chamber-pot or other toilet device and has no protective device fixed to the skimmer box outlet to prevent a person becoming lodged or caught because of suction.

Second, it bans pool or spa outlets that are not designed to reduce or minimise the likelihood of entrapment of any part of a person's body or hair by the outlet when in use.

Third, it bans transportable swimming pools or spas that contain integrally moulded potty skimmers or outlets that are not designed to reduce or minimise the likelihood of entrapment of any part of a person's body or hair when in use.

This third category is important for businesses dealing in above-ground, portable or relocatable products. The ban is not limited to separately sold components. It also reaches transportable pools or spas where the unsafe feature is built into the unit itself.

The notice does not ban every outlet. For the outlet categories, it says that the term does not include outlets that comply with the relevant provisions of an Australian or ASME, ANSI or ASTM standard having the purpose of reducing or minimising the likelihood of entrapment of any part of a person's body or hair by the outlet when in use.

The notice also says that an Australian or ASME, ANSI or ASTM standard with that purpose includes AS1926.3, AS2610.2 and ANSI A112. The practical point is that compliance needs to be directed to entrapment risk. A general product claim or broad quality statement is not the same thing as evidence that the outlet complies with the relevant provisions of a standard aimed at reducing or minimising entrapment.

If you are relying on a standard, check exactly which product is covered, which version or test material you have, and whether the evidence actually addresses the outlet design and entrapment issue described in the notice. Businesses should keep copies of supplier specifications, test reports, certifications and model details so they can match the evidence to the goods being supplied.

The notice is most relevant to businesses that manufacture, import, distribute, advertise, sell or install domestic pools, spas, outlets and skimmer products. It is also relevant to businesses supplying transportable pools or spas, and to businesses dealing in replacement parts or older stock.

Even if your business did not design the product, you should still check whether the goods you are supplying fall within the banned categories. Importers should not rely only on overseas marketing material. Retailers should not assume a product is compliant just because it is commonly sold. Installers should be careful where they source outlets and skimmer products, especially for domestic projects.

The notice specifically refers to goods that subsequently become fixtures. That means installation does not remove the product from the reach of the ban. If a non-compliant product has already been installed, it may still be exposed to compulsory recall.

The text of the notice does not create a special carve-out for second-hand goods. Because the ban is framed by reference to the goods, businesses handling used, refurbished or legacy stock should treat those products with the same caution and verify whether they fall within the banned categories before supply.

Common trigger points include bringing in imported stock, adding a new supplier, selling replacement outlets, clearing old inventory, refurbishing transportable spas, or installing products that have built-in suction features. Each of these situations can expose a business to the ban if the goods are within one of the prohibited categories.

Another trigger point is where a product description is vague. For example, if documents do not clearly identify whether an outlet complies with the relevant provisions of an Australian or ASME, ANSI or ASTM standard aimed at minimising entrapment risk, the business should not assume the product is safe to supply.

Transportable products deserve extra attention. The notice expressly covers transportable swimming pools or spas with integrally moulded potty skimmers or unsafe outlets. If the feature is moulded into the product, the whole unit may be affected.

For most businesses, compliance starts with product identification and record keeping. You should know which models you stock, who made them, whether they are domestic pool or spa products, and whether any outlet or skimmer feature could fall within the banned categories.

Where an outlet is being supplied, obtain evidence that it complies with the relevant provisions of an Australian or ASME, ANSI or ASTM standard having the purpose of reducing or minimising entrapment risk. The notice names AS1926.3, AS2610.2 and ANSI A112 as included examples. Keep the documents in a form that can be matched to the exact model supplied.

If you deal in transportable pools or spas, inspect whether the unit contains an integrally moulded potty skimmer or an outlet that is not designed to reduce or minimise entrapment risk. Do not assume a complete unit is compliant just because it is sold as a finished consumer product.

If you discover potentially non-compliant goods, stop supply and investigate promptly. The notice warns that goods subject to the notice and failing to comply may be subject to compulsory recall. Because this includes goods that later become fixtures, businesses should also think about what has already been installed and whether customer records are available if action is needed.

The instrument is identified as F2011L00223 and is listed as in force. The register entry shows 10 February 2011. The notice itself is dated 1 February 2011.

Before relying on this page, businesses should confirm they are looking at the latest registered version of the instrument and check whether the product they are dealing with is still accurately described by the compliance documents they hold.

This page is a practical guide to the notice, not a substitute for checking the instrument itself and the technical product documents for your goods. Before making supply decisions, confirm the exact product design, whether the product is for domestic pool or spa use, whether any outlet or skimmer feature falls within the notice, and whether you have evidence of compliance with the relevant provisions of an Australian or ASME, ANSI or ASTM standard aimed at minimising entrapment risk.

If your business handles installed products, transportable units, refurbished stock or imported goods with limited paperwork, take extra care. Those are the situations where businesses often need a closer technical review of the product design and supporting documents.

This page is based on the Federal Register of Legislation entry for Competition and Consumer Act 2010 - Consumer Protection Notice No. 16 of 2011 - Permanent ban on pools and spas with unsafe design features.