Aboriginal Communities Act 1979
Kalumburu Aboriginal Corporation By-laws
Reprint 1: The by-laws as at 24 September 2004
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•removed (because it was repealed or deleted from the law); or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.
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Kalumburu Aboriginal Corporation By-laws
CONTENTS
Part 1 — Preliminary
1.Citation1
2.Commencement1
3.Definitions1
Part 2 — Community land
4.Permission required to enter and remain on community land3
5.Restriction of entry into areas4
6.Homes4
Part 3 — Traffic
7.Traffic signs5
8.Careless and dangerous driving5
9.Areas prohibited to vehicles5
Part 4 — Offences relating to alcohol
10.Prohibition of alcohol on community land6
11.Mission staff6
Part 5 — Regulation to other matters
12.Wilful damage7
13.Litter7
14.Offensive behaviour7
15.Disruption of meetings7
16.Fires7
Part 6 — Enforcement and proceedings
17.Powers of police8
18.Wardens8
19.Offences9
20.Fine9
21.Restitution9
22.Defence of acting under custom9
Notes
Compilation table10
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Aboriginal Communities Act 1979
Kalumburu Aboriginal Corporation By‑laws
These by‑laws may be cited as the Kalumburu Aboriginal Corporation By‑laws 1.
These by‑laws shall come into effect when approved by the Governor and published in the Government Gazette 1.
In these by‑laws unless the context requires otherwise —
“the Act” means the Aboriginal Communities Act 1979;
“community” means the Kalumburu Aboriginal Corporation;
“community land” means the land declared by the Governor under section 6 of the Act to be the community lands of the community;
“the Council” means the Council of the Kalumburu Aboriginal Corporation;
“member of the community” means any person who is accepted as a member of the community for the time being;
“vehicle” has the same meaning as it has under the Road Traffic Act 1974 (as amended).
4.Permission required to enter and remain on community land
(1)Except as provided to the contrary in any Act or regulation a person who is not a member of the community shall not enter or remain on community land without the prior permission of the Council.
(2)The Council may in its absolute discretion —
(a)grant or refuse permission for a person to enter community land orally or in writing;
(b)impose such conditions as it thinks fit in granting permission to enter community land; and
(c)revoke such permission at any time.
(3)The Council may delegate its powers under this by‑law to any community adviser or other officer in the employ of the community as the Council thinks fit and without prejudice to its own exercise of its powers under this by‑law.
(4)Except as provided to the contrary in any Act or regulation any person who —
(a)enters community land without the prior permission of the Council or its duly authorised delegate;
(b)having been granted permission to enter community land on certain conditions breaches any such condition; or
(c)having entered community land with permission of the Council refuses to leave when requested to do so by the Council or its duly authorised delegate,
commits an offence.
5.Restriction of entry into areas
Subject to the provisions of any Act or regulation to the contrary:
(1)The Council may place signs on community land for the purpose of prohibiting entry to the part of the land on which the sign is placed or to such part of the community land indicated by the inscription on the sign.
(2)An inscription on such a sign operates and has effect according to its tenor.
(3)Any person who fails to obey the directions in the inscription on such a sign commits an offence.
(1)A person shall not enter the home of another person without obtaining the prior permission of that person.
(2)A person who is in a home other than his own shall leave that home if and when he is directed to do so by an occupier of that home.
(1)The Council may cause signs called “traffic signs” to be erected on community land for the purpose of prohibiting, regulating or guiding vehicle traffic and the passage of pedestrians.
(2)The inscription on a traffic sign operates and has effect according to its tenor.
(3)Any person who fails to comply with the directions in an inscription on a traffic sign commits an offence.
8.Careless and dangerous driving
(1)A person shall not drive a vehicle on community land without due care and attention.
(2)A person shall not drive a vehicle on community land at a speed or in any other matter that is, having regard to all the circumstances of the case, dangerous to the public or to any person.
9.Areas prohibited to vehicles
(1)The Council may declare any area of community land as an area to which access by vehicles or certain types of vehicles shall be prohibited.
(2)Any person who drives a vehicle in an area declared to be a prohibited area by the Committee under this by‑law commits an offence.
Part 4 — Offences relating to alcohol
10.Prohibition of alcohol on community land
Subject to the provisions of by‑law 11, any person who —
(1)brings alcohol onto community land;
(2)possesses alcohol on community land;
(3)supplies alcohol to another on community land;
(4)enters community land in a drunken condition;
(5)is drunk on community land;
(6)consumes alcohol on community land; or
(7)drives a vehicle on community land whilst under the influence of alcohol,
commits an offence.
Any person in the employ or service of the Roman Catholic Bishop of Broome and stationed at Kalumburu Mission, may transport alcohol through community land for the purposes of its consumption at the Mission by people who are not members of the community or its use in the sacraments of the Church without breaching the provisions of by‑law 10(1), (2), (3) and (6).
Part 5 — Regulation to other matters
A person shall not wilfully damage any tree, bush, flower, lawn, building, structure, vehicle or other thing.
A person shall not leave any rubbish or litter —
(1)in any home or in an enclosure around a home without the permission of the occupier of that home; or
(2)in any other area of the community land except in a rubbish bin or in an area set aside by the Council for leaving rubbish and litter.
A person shall not cause a disturbance or annoyance to other persons by using abusive language or fighting or otherwise act in an offensive or disorderly manner.
A person shall not interrupt any meeting of the Council or the community or any customary meeting by noise or any other offensive or disorderly behaviour.
(1)A person shall not without the permission of the Council kindle, light, make or use a fire other than in a place set aside by the Council for that purpose.
(2)Sub‑bylaw (1) does not apply to a fire for cooking or heating purposes in a fireplace or store in a home or used in conjunction with a home.
(3)Nothing in this by‑law authorises a person to light a fire in an open fireplace in contravention of the Bush Fires Act 1954.
Part 6 — Enforcement and proceedings
(1)Where any person has committed or is committing an offence against a by‑law and it appears likely that injury to persons or damage to property will be caused by that person, a member of the Police Force may apprehend and remove that person from community land for a period not exceeding 24 hours and in any event that person shall be returned to community land if a Court is convened to deal with him according to law.
(2)A member of the Police Force or a warden appointed pursuant to these by‑laws may request the name and address of any person who he believes on reasonable grounds to have committed a breach of any of these by‑laws.
(3)Any person who when called upon to give their name and address under this by‑law fails to give their name and address commits an offence.
(4)A member of the Police Force or a warden appointed under these by‑laws may commence proceedings for any breach of a by‑law.
(1)The Council may appoint such members of the community as it thinks fit to be wardens.
(2)It is the duty of the wardens to inquire into alleged breaches of these by‑laws, co‑operate with members of the community, the Council and members of the Police Force in the enforcement of the by‑laws and to enforce the provisions of the by‑laws generally.
(3)Any person who obstructs a warden in the lawful execution of his duty under these by‑laws commits an offence.
A person who breaches or fails to comply with any of the provisions of by‑laws 6, 8, 12, 13, 14, 15 and 16 commits an offence.
A person who is convicted of an offence against a by‑law is liable to a fine of $100.
[By‑law 20 inserted in Gazette 14 May 2004 p. 1454.]
In addition to any fine imposed for breach of the by‑laws the Court may order a person convicted of an offence against these by‑laws to pay compensation of not more than $250 to the community or another person where, in the course of committing the offence the person convicted has caused damage to the property of the community or of that other person.
[By‑law 21 amended in Gazette 14 May 2004 p. 1454.]
22.Defence of acting under custom
It is a defence to a complaint of an offence against a by‑law to show that the defendant was acting under the excused by any custom of the community.
1This reprint is a compilation as at 24 September 2004 of the Kalumburu Aboriginal Corporation 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.
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Citation |
Gazettal |
Commencement |
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Kalumburu Aboriginal Corporation By‑laws |
26 Apr 1991 p. 1846‑9 |
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Sentencing Legislation (Short Sentences ‑ Aboriginal Community By‑Laws) Amendment Regulations 2004 r. 10 |
14 May 2004 p. 1451‑8 |
15 May 2004 (see r. 2 and Gazette 14 May 2004 p. 1445) |
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Reprint 1: The Kalumburu Aboriginal Corporation By‑laws as at 24 Sep 2004 |
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By Authority: JOHN A. STRIJK, Government Printer