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Change to Laws

September 26, 2016 by Daniel

Election Promises – Fact or Fiction

As the 2016 Federal election fast approaches the Prime Minister and the Leader of the Opposition are rolling out promises thick and fast across the country.

There have been a number of legal matters that have been of significant debate as part of the election campaign, such as the issue of same sex marriage. Turnbull wants to hold a plebiscite to determine the issue, while Shorten says he will seek to legalise it in his first 100 days of governing should he be elected.

Examples like this require changes to existing laws or the introduction of new laws to be able to become reality.

The truth is that no matter who is elected any changes to existing laws or introduction of new ones must pass through both houses of parliament in order to become a reality. This means that all of these election promises regardless of which leader is promising them are still at the mercy of the parliament post-election.

In Australia the introduction of a new law occurs as follows:

  1. A proposal law called a “bill” is introduced to the House of Representatives where it is debated;
  2. If a majority of the members of the House of Representatives agree with the law the bill is eventually passed meaning it is sent up to the Senate for review;
  3. The bill is introduced to the Senate and is then debated in a similar fashion as to what occurred in the House of Representatives;
  4. If a majority of the members of the Senate agree with the law the bill is then passed again after which it will receive Royal Assent by the Governor General and come in to full effect.

As you can see there are a number of difficult steps any new bill must overcome before it is actually enacted into the law.

Put simply, no matter who you vote for, many of their promises can only be put into effect if they obtain the necessary majority in the House of Represents and/or Senate after the election. This means that election day not only determines who will lead our country but also which of their election promises they will be able enact. Vote with care.

Filed Under: Blog, Change to Laws, Politics

September 14, 2016 by Daniel

Changes to Swimming Pool Laws

Part of the great Australian dream is to own a property with a swimming pool. If you already own one, then you need to be prepared for new laws surrounding swimming pools that come into effect on Friday, 29 April 2016.

The laws are aimed at improving swimming pool safety and compliance by forcing owners of properties with swimming pools to ensure that they are compliant before they rent or sell a property.
There are two arms to the new laws:

Selling Your Property

If you are selling a property after 29 April 2016 that has a swimming pool or spa pool you must ensure that your contract includes:

  • a valid swimming pool certificate of compliance or relevant occupation certificate issued within the last three years AND;
  • a certificate of registration.

If you try to sell your property without these documents attached to your contract and the buyer finds out about it they will be able to withdraw from the purchase and get their deposit back without penalty.

Renting Your Property to a Tenant

if you rent a property to a tenant that has a swimming pool or spa pool you must ensure that any residential tenancy agreement entered into on or after 29 April 2016 includes:

  • a valid swimming pool certificate of compliance or irrelevant occupation certificate issued within the last three years AND;
  • a certificate of registration.

Obtaining the Necessary Documents

There are two ways you can obtain a certificate of compliance for your swimming pool/spa:

  • Make an application to your local Council to come and inspect your pool. If it is compliant they will issue you with a compliance certificate. If it is not compliant they will issue you with a work order to complete repairs/alterations that you need to complete before you will receive your compliance certificate.
  • Engage an accredited swimming pool certifier who must be registered with the Building Professionals Board. The process is the same, they will inspect your pool but only issue you with a compliance certificate if your pool is compliant.

Once you receive your certificate of compliance it is valid for three years from the date of its issue.
You can register your swimming pool (which is different to getting a compliance certificate) by contacting your local Council. Some councils even allow you to do this online.

Remember, if you do not have the relevant documents by 29 April 2016, you put your contract for sale or residential tenancy agreement in jeopardy.

Filed Under: Blog, Change to Laws, Swimming Pools

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