Pools and spas with unsafe design features

Portable pools and spas with unsafe 'potty-style' skimmer boxes cannot be supplied in Australia due to the risks of entrapment and drowning.

About the ban

This ban is intended to prevent the supply of pools and spas (including transportable pools and spas) with unsafe 'potty skimmer' style filter systems or outlets not designed to minimise the likelihood of entrapment of hair and other body parts.

This ban covers:

  • potty skimmers designed for installation in domestic swimming pools and spas
  • pool or spa outlets which 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
  • transportable swimming pools or spas which contain integrally moulded potty skimmers or outlets 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.

Skimmer boxes:

  • operate at water level as a suction point for circulating the water
  • look like a child's potty or toilet device
  • have no fixed protective device to stop a person becoming lodged or caught by the suction when in use.

Complying with the ban

Consumer Protection Notice No. 16 of 2011 sets out the requirements of this ban.

Enforcement

Failure to supply compliant products can result in the ACCC taking action, culminating in:

  • infringement notices of $10 200 for companies and $2040 for individuals
  • court enforceable undertakings
  • disqualification from being a company director
  • court action with penalties up to $1.1m for companies or $220 000 for individuals
  • recall of product.

See: Penalties & consequences.

Related resources

Portable spas, pools, potty skimmers and outlets - Supplier guide