Aboriginal Communities Act 1979 (WA)

Western Australia

Aboriginal Communities Act 1979

Reprinted under the Reprints Act 1984 as at 14 September 2012

Western Australia

Aboriginal Communities Act 1979 Contents[if supportFields]> TOC \t "Heading 2,2,yScheduleHeading,2,yHeading 2,2,zHeading 2,3,zyScheduleHeading,3,zyHeading 2,3,Heading 3,4,yHeading 3,4,zHeading 3,5,zyHeading 3,5,Heading 4,6,yHeading 4,6,zHeading 4,7,zyHeading 4,7,Heading 5,8,yHeading 5,8,zHeading 5,9,zyHeading 5,9" \t "nHeading 2,2,nHeading 3,8" \n "2-7" \w \* MERGEFORMAT <![endif] — Short title2 — Commencement3 — Terms used4 — Communities to which Act applies5 — Governor may declare Act no longer applies to community6 — Community lands of community, declaring7 — By‑laws, council of community may make8 — By-laws, procedure for making9 — Where by‑laws apply; evidentiary provision10 — Limitation period for prosecutions12 — Fines to be paid to community13 — Effect of by‑laws in relation to other lawsNotesCompilation table — Defined terms

Reprinted under the Reprints Act 1984 as at 14 September 2012

Western Australia

Aboriginal Communities Act 1979

An Act to assist certain Aboriginal communities to manage and control their community lands and for related purposes.

1.Short title

This Act may be cited as the Aboriginal Communities Act 1979 1.

2.Commencement

This Act shall come into operation on a date to be fixed by proclamation 1.

3.Terms used

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;

council in relation to a community means the council of management or other governing body of that community;

section means section of this Act.

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) in relation to an Aboriginal community if the Minister is of the opinion —
- (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; and
- (b)
  that the provisions mentioned in paragraph (a) will be complied with by the council of the community; and
- (c)
  that in all other respects the community is one to which the application of this Act would be appropriate.
5.Governor may declare Act no longer applies to 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…

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