Aboriginal Communities Act 1979

Junjuwa Community Incorporated By-laws

Reprint 1: The by-laws as at 8 April 2005


Guide for using this reprint

                 What the reprint includes

                 Endnotes, Compilation table, and Table of provisions that have not come into operation

            1.  Details about the original by-laws and legislation that has amended its text are shown in the Compilation table in endnote 1, at the back of the reprint. The table also shows any previous reprint.

            2.  Transitional, savings, or other provisions identified in the Compilation table may be important. The table may refer to another endnote setting out the text of these provisions in full.

            3.  A table of provisions that have not come into operation, to be found in endnote 1a if it is needed, lists any provisions of the by-laws being reprinted that have not come into operation and any amendments that have not come into operation. The full text is set out in another endnote that is referred to in the table.

                 Notes amongst text (italicised and within square brackets)

            1.  If the reprint includes a by-law that was inserted, or has been amended, since the by-laws being reprinted were made, editorial notes at the foot of the by‑law give some history of how the by-law came to be as it is. If the by-law replaced an earlier by-law, no history of the earlier by-law is given (the full history of the by-laws is in the Compilation table).

                 Notes of this kind may also be at the foot of Schedules or headings.

            2.  The other kind of editorial note shows something has been —

removed (because it was repealed or deleted from the law); or

omitted under the Reprints Act 1984 s. 7(4) (because, although still technically part of the text, it no longer has any effect).

The text of anything removed or omitted can be found in an earlier reprint (if there is one) or one of the written laws identified in the Compilation table.

                 Reprint numbering and date

            1.  The reprint number (in the footer of each page of the document) shows how many times the by-laws have been reprinted. For example, numbering a reprint as “Reprint 3” would mean that the reprint was the 3rd reprint since the by-laws were published. Reprint numbering was implemented as from 1 January 2003.

            2.  The information in the reprint is current on the date shown as the date as at which the by-laws are reprinted. That date is not the date when the reprint was published by the State Law Publisher and it is probably not the date when the most recent amendment had effect.

 

 

 

Reprinted under the Reprints Act 1984 as

at 8 April 2005

Junjuwa Community Incorporated By-laws

CONTENTS

Part 1 — Preliminary

1.           Citation                                                                                 1

2.           Commencement                                                                    1

3.           Definitions and application                                                     1

Part 2 — Community lands

4.           Permission required to enter community land                           3

5.           Remaining on community lands                                              3

6.           Restriction of entry into areas                                                4

7.           Homes                                                                                 4

Part 3 — Liquor and deleterious substances

8.           Restriction of liquor                                                               5

9.           Pharmaceutical                                                                     5

10.         Deleterious substance or petrol                                              5

Part 4 — Traffic

11.         Traffic signs                                                                         6

12.         Careless and dangerous driving                                              6

Part 5 — The regulation of other matters

13.         Offensive behaviour                                                              7

14.         Wilful damage                                                                       7

15.         Disruption of meetings                                                           7

Part 6 — Enforcement and proceedings

16.         Powers of Police                                                                   8

17.         Procedure                                                                             9

18.         Offences                                                                              9

Part 7 — Penalties and orders of the Court

19.         Penalties                                                                             10

20.         Defence of acting under custom                                           10

21.         Council members                                                                 10

Notes

             Compilation table                                                                 11

 

 

Crest

Reprinted under the Reprints Act 1984 as

at 8 April 2005

Aboriginal Communities Act 1979

Junjuwa Community Incorporated By‑laws

Part 1  Preliminary

1.           Citation

             These by‑laws may be cited as the Junjuwa Community Incorporated By‑laws 1.

2.           Commencement

             These by‑laws shall come into effect when approved by the Governor and published in the Government Gazette 1.

3.           Definitions and application

             In these by‑laws unless the context requires otherwise — 

              “by-­law” means one of these by‑laws;

              “community land” means that land declared by the Governor under section 6 of the Act to be the community lands of the community;

              “the Act” means the Aboriginal Communities Act 1979;

              “the community” means (as the context requires) Junjuwa Community Incorporated and that collective group comprising the membership of Junjuwa Community Incorporated, their spouses and dependents (where not members in their own right) and “member of the community” has a correlative meaning;

              “liquor” means liquor as defined in the Liquor Licensing Act 1988;

              “deleterious substance” means glue or any volatile liquid containing hydrocarbons;

              “vehicle” means any motor vehicle, designed and manufactured to be capable of self propulsion and includes any trailer or caravan while attached to a vehicle;

              “the Council” means the Council of Junjuwa Community Incorporated.

             These by‑laws shall apply — 

                 (a)    on all community land; and

                 (b)    to all persons on community land, whether members of the community or not.

Part 2 — Community lands

4.           Permission required to enter community land

             Save as otherwise provided by any law of the State or Commonwealth — 

                 (a)    no person who is not recognised by the Council to be Aboriginal, may enter or remain on community land without prior permission of the Council;

                 (b)    such permission may be given either orally or in writing and may be subject to such terms or conditions as the Council sees fit;

                 (c)    the Council may revoke such permission at any time and without the necessity of stating any reason for the action;

                 (d)    the Council may order any person whatsoever (other than a member of the community) to leave community land and to remain off community land for such a time as the Council may direct;

                 (e)    employees of Government Departments of the State or Commonwealth entering or being on community lands in connection with their duties shall be deemed to have permission under paragraph (a);

                  (f)    the Council may act through any of its members to make or to revoke any of the permission or directions referred to in this by‑law.

5.           Remaining on community lands

             Any person who — 

                 (a)    requiring permission under these by‑laws, enters or remains on community land without permission; or

                 (b)    having permission under these by‑laws, contravenes any term or condition of his permission to be or remain on community land; or

                 (c)    fails to comply with the terms of an order made pursuant to these by‑laws that he leave the community land,

             commits an offence.

6.           Restriction of entry into areas

             Subject to the provisions of any Act or regulation to the contrary — 

                 (a)    the Council may place signs on community land for the purpose of prohibiting entry to the part of land on which the sign is placed or to such part of the community land as indicated by the inscription of the sign;

                 (b)    any person who fails to obey directions of the inscription on such a sign commits an offence.

7.           Homes

             Any person who is told (by principal occupant or by the person then in charge thereof) to leave the house of another and who refuses to leave as directed commits an offence.

Part 3  Liquor and deleterious substances

8.           Restriction of liquor

             The Council may, in its discretion and subject to such terms, conditions and restrictions as it sees fit — 

                 (a)    permit any person to bring, possess, use or supply liquor on community lands;

                 (b)    no person shall, without the permission of the Council, bring, possess, use or supply liquor on community lands;

                 (c)    no person shall enter onto or remain on community land whilst under the influence of liquor to the extent that his behaviour causes alarm, annoyance or upset to members of the community.

9.           Pharmaceutical

             Pharmaceutical preparations and substances properly used in the ordinary course of medical practice shall exempt from the operation of this by‑law whilst in the possession or control of a medical professional or where properly prescribed and issued to a patient by a medical professional.

10.         Deleterious substance or petrol

     (a)    A person shall not be in possession of a deleterious substance or petrol on community land for the purpose of inhalation.

     (b)    A person shall not sell or supply a deleterious substance or petrol to another person on community land if there are reasonable grounds for suspecting that the other person — 

                  (i)    intends to use the deleterious substance for the purpose of inhalation; or

                 (ii)    intends to sell or supply the deleterious substance for the purpose of inhalation.

Part 4  Traffic

11.         Traffic signs

     (a)    The Council may place signs (traffic signs) on community land for the purpose of regulating vehicle traffic.

     (b)    Any person who fails to obey the directions of the inscription on a traffic sign commits an offence.

12.         Careless and dangerous driving

     (a)    No person shall drive a vehicle on community land without due care and attention.

     (b)    No person shall drive a vehicle on community land in a manner which, having regard to all of the circumstances, is dangerous to any person.

     (c)    No person shall drive a vehicle owned by the community or leased or hired to the community — 

                  (i)    without first having the permission of the Council or of a person placed by the Council in charge or control of the vehicle for the time being;

                 (ii)    when under the influence of a prohibited substance;

                 (iii)    without being the holder of a current valid motor driver’s licence of a class appropriate to the vehicle to be driven.

Part 5  The regulation of other matters

13.         Offensive behaviour

             No person shall cause a disturbance or annoyance to other persons by using abusive language, fighting or otherwise behaving in an offensive or disorderly manner.

14.         Wilful damage

             No person shall damage any tree, bush, lawn, building, structure, vehicle or other thing, whether the property of the community or of any individual person.

15.         Disruption of meetings

             No person shall interrupt any meeting of the Council or of the community, or any customary meeting, by noise or any offensive or disorderly behaviour.

Part 6  Enforcement and proceedings

16.         Powers of Police

             A member of the Police Force may — 

                 (a)    take proceedings against any person for a breach of these by‑laws;

                 (b)    where any person has committed or is found committing an offence against these by‑laws and it appears to the Police Officer on reasonable grounds to be likely that injury to persons or damage to property will be caused by that person if left at large; apprehend and remove that person from community land;

                 (c)    request the name and address of any person who he believes on reasonable grounds — 

                              (i)    to be on community land, committed a breach of by‑law; or

                             (ii)    to have, while on community land, committed a breach of by‑law;

                 (d)    if he has reasonable cause to suspect that a prohibited substance is in any vehicle in contravention of these by‑laws, stop, detain and search such vehicle and seize any deleterious substance and any receptacle containing a deleterious substance which he may find in or on the vehicle and may retain in his custody or control any property so seized until dealt with according to these by‑laws;

                 (e)    if a prohibited substance is found in a vehicle through the exercise of the power conferred by by‑law 17, seize the vehicle, search and detain it for up to maximum period of 14 days if such is considered necessary by the Police Officer, on reasonable grounds to prevent a repetition of the prescribed conduct.

17.         Procedure

             Subject to the Child Welfare Act 1947, proceedings for an offence against by‑law shall be commenced by the way of complaint and summons under and in accordance with the Justices Act 1902 and shall be commenced within 6 months after the offence was committed.

18.         Offences

             A person who breaches or fails to comply with any of the provisions of by‑laws 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15, commits an offence.

Part 7  Penalties and orders of the Court

19.         Penalties

     (a)    Any person who breaks any of these by‑laws is guilty of an offence and is liable to a fine of not more than $100.

     (b)    In addition to any fine imposed under paragraph (a), the Court may order any person convicted of an offence under these by‑laws to pay compensation not greater than $250 to the community or to any person, where, in the course of committing the offence, the person convicted has caused damage to property of the community or of that other person.

     (c)    In any prosecution for an offence under these by‑laws having as an element the possession or use of a prohibited substance a Court upon proceeding to conviction of the person charged may make such orders as it sees fit concerning the destruction, disposal or forfeiture of property seized pursuant to an exercise of the power contained in by‑law 16(d).

              [By‑law 19 amended in Gazette 14 May 2004 p. 1454.]

20.         Defence of acting under custom

             It is a defence to a complaint of an offence against these by‑laws to show that the defendant was acting under and excused by any custom of the community.

21.         Council members

     (a)    Council member who is charged with an offence against by‑law 8 shall be deemed to have ceased to be effective Councillor.

     (b)    In the event that such charge against the Council member is withdrawn or is dismissed after trial then, by that occurrence he shall be restored to his former position.

dline

 

Notes

1        This reprint is a compilation as at 8 April 2005 of the Junjuwa Community Incorporated By-laws and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.

Compilation table

Citation

Gazettal

Commencement

Junjuwa Community Incorporated By‑laws

10 May 1991 p. 2357‑9

10 May 1991 (see bl. 2)

Sentencing Legislation (Short Sentences ‑ Aboriginal Community By‑Laws) Amendment Regulations 2004 r. 9

14 May 2004 p. 1451‑8

15 May 2004 (see r. 2 and Gazette 14 May 2004 p. 1445)

Reprint 1: The Junjuwa Community Incorporated By‑laws as at 8 Apr 2005
(includes amendments listed above)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

By Authority: JOHN A. STRIJK, Government Printer