Western Australia
Aboriginal Communities Act 1979
Reprint 1: The Act as at 7 March
What the reprint includes
Endnotes, Compilation table
1.Details about the original Act and legislation that has amended its text are shown in the Compilation table
2.Validation, transitional, savings, or other provisions identified in the Compilation table
3.A table
Notes amongst text (italicised and within square brackets)
1.If the reprint includes a section that was inserted, or has been amended, since the Act being reprinted was passed, editorial notes at the foot of the section give some history of how the section came to be as it is. If the section replaced an earlier section, no history of the earlier section is given (the full history of the Act 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•removed (because it was repealed or deleted from the law); or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) (
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 Act has been reprinted. For example, numbering a reprint as “Reprint 3” would mean that the reprint was the 3rd reprint since the Act was passed. 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 Act is 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.
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Reprinted under the Reprints Act 1984 as |
at 7 March 2003 |
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Western Australia
Aboriginal Communities Act 1979
CONTENTS
1.Short title1
2.Commencement1
3.Interpretation1
4.Communities to which Act applies2
5.Governor may declare that Act no longer applies to a community2
6.Community lands3
7.By‑laws3
8.Procedure for making by‑laws6
9.Application of by‑laws6
10.Time limit on proceedings for offences7
11.Procedure7
12.Appropriation of fines7
13.Effect of by‑laws in relation to other laws7
Notes
Compilation table8
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Reprinted under the Reprints Act 1984 as |
at 7 March 2003 |
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Western Australia
Aboriginal Communities Act 1979
An Act to assist certain Aboriginal communities to manage and control their community lands and for related purposes.
This Act may be cited as the Aboriginal Communities Act 1979 1.
This Act shall come into operation on a date to be fixed by proclamation 1.
In this Act —
“Aboriginal community” means a community or association wholly or principally composed of persons who are of Aboriginal descent within the meaning of the Aboriginal Affairs Planning Authority Act 1972;
“section” means section of this Act
“the council” in relation to a community means the council of management or other governing body of that community.
4.Communities to which Act applies
(1)Subject to section 5, this Act applies to —
(a)the Aboriginal communities incorporated as the Bidyadanga Aboriginal Community La Grange Incorporated and the Bardi Aborigines Association Inc.; and
(b)any incorporated Aboriginal community that the Governor, on the advice of the Minister, declares by proclamation to be a community to which this Act applies.
(2)The Minister may advise the Governor to make a declaration under subsection (1)(b)
(a)that there are provisions in the constitution or rules of the community under which the council of the community will have to consult with the members of the community and take proper account of their views before making, amending or revoking by‑laws pursuant to this Act;
(b)that the provisions mentioned in paragraph (a)
(c)that in all other respects the community is one to which the application of this Act
5.Governor may declare that Act no longer applies to a community
(1)Notwithstanding section 4, this Act shall cease to apply to a community if the Governor, on the advice of the Minister, declares by proclamation that the community is no longer a community to which this Act applies.
(2)The Minister may advise the Governor to make a declaration under subsection (1)
(a)that neither the constitution nor the rules of the community contain provisions under which the council of the community has to consult with the members of the community and take proper account of their views before making, amending or revoking by‑laws pursuant to this Act;
(b)that provisions of the kind mentioned in paragraph (a)
(c)that, for any other reason, the application of this Act
(3)Upon the making of a declaration under subsection (1)
(1)For the purposes of this Act
(2)The Governor may by subsequent proclamation amend a proclamation made under subsection (1)
(a)adding any lands to or excising any lands from those community lands; or
(b)redescribing those community lands in a more precise or more informative manner.
(1)The council of a community to which this Act applies may make by‑laws relating to the community lands of the community for or with respect to —
(a)the prohibition or regulation of the admission of persons, vehicles, and animals to the community lands or a part of the community lands;
(b)the prohibition or regulation of the use of vehicles on the community lands, including provisions as to speed, manner of driving, class of vehicles, routes, entrances and exits, one‑way traffic, noise, parking or standing, the removal of vehicles by a person authori
(c)the prevention of damage to or interference with the grounds of the community lands and the trees, shrubs, bushes, flowers, gardens and lawns on or in those lands;
(d)the use, safety and preservation of buildings, structures, erections, fixtures, fittings and chattels on the community lands;
(e)the regulation of the conduct of meetings and the interruption of meetings by noise, unseemly behaviour or other means;
(f)the prohibition of nuisances, or any offensive, indecent or improper act, or disorderly conduct, language or behaviour;
(g)the prohibition, restriction or regulation of the possession, use or supply of alcoholic liquor or deleterious substances;
(h)the prohibition or regulation of the possession or use of firearms or other offensive weapons or of dangerous materials;
(i)the depositing of rubbish and the leaving of litter on community lands;
(j)the prohibition of the obstruction of any person acting in the execution of his
(k)the prescribing of any other matter that it is necessary or convenient to prescribe for the purpose of securing decency, order and good conduct on the community lands.
(2)By‑laws made by the council of a community under subsection (1) —
(a)may empower a member of the police force —
(i)to apprehend any persons guilty of a breach of any by‑law and to remove such a person from the community lands;
(ii)to remove any vehicle, animal or other thing from the community lands;
(iii)to request the name and address of any other person who, in the reasonable belief of the member of the police force, is on the community lands in breach of any by‑law or has committed a breach of a by‑law;
(iv)to take proceedings for any breach of a by‑law; and
(v)generally to enforce the provisions of the by‑laws;
(b)may be limited in their application to time, place or circumstance;
(c)may provide that any act or thing shall be done subject to the approval or to the satisfaction of the council or a specified person or class of persons and may confer a discretionary authority on the council or a specified person or class of persons;
(d)may impose as the penalty for a breach of a by‑law a fine not exceeding $5 000;
(e)may empower a court to order a person to pay compensation not exceeding $250 to the community or another person where the court has convicted him
(3)Nothing in this Act affects the power of a community or its council to make other by‑laws, rules or regulations under and in accordance with the constitution of the community.
[Section 7 amended by No. 78 of 1995 s. 147.]
8.Procedure for making by‑laws
(1)The provisions of the Interpretation Act 1918 2 apply in respect of by‑laws made, and the making of by‑laws, under this Act.
(2)By‑laws shall be made by resolution passed by an absolute majority of all the persons for the time being holding office as members of the council of a community and, when so made, shall be —
(a)sealed with the common seal of the community;
(b)delivered to the Minister.
(3)If the Minister is satisfied that the by‑laws are necessary and desirable he
(4)If the Governor approves of the by‑laws the Minister shall cause them to be published in the Government Gazette
(5)The production of a copy of a by‑law under the official seal of a community, or of a copy of the Government Gazette
(1)By‑laws made by the council of a community apply only within the boundaries of the community lands of the community but apply to all persons within those boundaries whether members of the community or not.
(2)In proceedings for any contravention of a by‑law made by the council of a community the allegation in the complaint that any place was within the boundaries of the community lands of the community shall be sufficient evidence of the fact alleged in the absence of proof to the contrary.
10.Time limit on proceedings for offences
The complaint in respect of an offence against a by‑law shall be made within 6 months after the offence thereby charged was committed.
Subject to the Young Offenders Act 1994, proceedings for any offence against a by‑law shall be dealt with summarily under and in accordance with the Justices Act 1902.
[Section 11 amended by No. 57 of 1997 s. 15.]
All pecuniary penalties recovered in respect of any breach of a by‑law made by the council of a community shall, be appropriated and paid to the council for the use of the community.
[Section 12 amended by No. 78 of 1995 s. 3.]
13.Effect of by‑laws in relation to other laws
(1)No by‑law takes away or restricts any liability, civil or criminal, arising under any other statutory provision or at common law.
(2)No by‑law shall render unlawful any act done by a person lawfully acting in pursuance of a power, duty or function conferred or imposed by or under any other statutory provision or in the exercise of any right conferred by or under any other statutory provision.
(3)In this section “statutory provision” means a provision of any other Act or of a regulation, by‑law or rule in force under any other Act.
Notes
1This reprint is a compilation as at 7 March 2003 of the Aboriginal Communities Act 1979 and includes the amendments made by the other written laws referred to in the following table
Short title |
Number and year |
Assent |
Commencement |
Aboriginal Communities Act 1979 |
8 of 1979 |
17 May 1979 |
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Sentencing (Consequential Provisions) Act 1995 Pt. 2 and s. 147 |
78 of 1995 |
16 Jan 1996 |
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Statutes (Repeals and Minor Amendments) Act 1997 s. 15 |
57 of 1997 |
15 Dec 1997 |
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Reprint 1: The Aboriginal Communities Act 1979 as at 7 Mar 2003 (includes amendments listed above) |
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2Repealed by the Interpretation Act 1984.
By Authority: JOHN A. STRIJK, Government Printer