Local Government (Aboriginal Lands) Act Amendment Act 1981 (Qld)

1074 ANNO TRICESIMO ELIZABETHAE SECUNDAE REGINAE No. 106 of 1981 An Act to amend the Local Government ( Aboriginal Lands) Act 1978 in certain particulars [ASSENTED TO 16TH D ECEMBER, 1981]

Local Govt (Aboriginal Lands) Act Amdt Act 1981, No. 106 1075 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title and citation . (1) This Act may be cited as the Local Government (Aboriginal Lands) Act Amendment Act 1981. (2) In this Act the Local Government (Aboriginal Lands) Act1978, as amended, is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Local Government (Aboriginal Lands) Act1978-1981. 2. Amendment of s. 2. Arrangement of Act. Section 2 of the Principal Act is amended by omitting the expression `' 35 " and substituting the expression " 39 ". 3. Amendment of s. 3. Meaning of terms. Section 3 of the Principal Act is amended by inserting after the definition " Aurukun Reserve " the following definition:- liquor " means wines, spirits, beer, ale, porter, stout, cider, perry or any other spirituous or fermented fluid whatever of an intoxicating nature;". 4. New ss. 37 and 38. The Principal Act is amended by inserting after section 36 the following sections:- " 37. Prohibition orders upon liquor abuse. (1) If it appears to the Council of the Shire of Aurukun or the Council of the Shire of Mornington that the life, health or well-being of any person ordinarily resident in its Shire is or is likely to be threatened by any other person ordinarily resident in its Shire or that the peace and good order of its Shire is or is likely to be threatened by any person, in either case by reason of his having consumed liquor, the relevant Council may, by its resolution, direct the clerk of its Shire or a person authorized by it in that behalf, generally or in a particular case, to issue to the person who poses or is likely to pose the threat a notice under this section. (2) Upon a direction given to him under subsection (1) the clerk of the Shire or other authorized person shall issue under his hand a notice in writing to the person concerned calling on him to show cause to the Council of the Shire, at a time and place specified in the notice, why he should not be made subject to a prohibition order made under this section. A notice issued under this subsection may be given to the person to whom it is issued- (a) by delivering it to him personally; or (b) by leaving it at or sending it by post addressed to him at the address of his place of residence or business last known to the person who issued the notice.

1076 Local Govt (Aboriginal Lands) Act Amdt Act 1981, No. 106 (3) If at the time and place specified in a notice issued under subsection (2) or at any time and place to which the matter may be adjourned the person called on by the notice does not show cause sufficient in the opinion of the Council of the Shire why he should not be made subject to a prohibition order the Council shall, by its resolution, make and direct the issue of such an order in relation to that person. The order shall be issued by the clerk of the Shire under the seal of the Council of the Shire. Cause may be shown under this subsection by written submission. or by oral submission made in person by the person called on to show cause. (4) A prohibition order made under subsection (3)- (a) shall be in or to the effect of a form adopted by resolution of the Council that made and directed the issue of the order; (b) shall continue in effect for a period of six months from the date of its making or for such less period as is specified therein in that behalf, unless it is sooner rescinded upon an appeal made under this Act in respect of the making of the order; and (c) shall forbid- (i) the person subject to the order to have in his possession or to consume liquor within the Shire in which the order is made; and (ii) all persons to supply liquor to the person subject to the order in circumstances such that it is reasonable to expect that his possession or consumption of the liquor will be a breach of the order, and a copy of the order shall be given to the person subject to it and the Council shall cause a further copy to be exhibited in a prominent place within the Shire and to be kept so exhibited for as long as the order continues in effect. (5) A person subject to a prohibition order made under subsection (3) may, in accordance with this subsection, appeal against the making of the order to a Local Government (Aboriginal Lands) Appeals Magistrate referred to in section 27 who may- (a) require the appellant and the relevant council to furnish to him such information as he deems necessary to determine the matter of the appeal; and (b) confirm the order, rescind the order or vary the order in such manner as he thinks just and confirm the order as so varied, and shall cause notification of his decision of the appeal to be given in writing to the appellant and to the relevant Council. The decision of the magistrate upon an appeal shall be final and binding on the appellant, the relevant Council and all other persons. An appeal shall be made in writing within 21 days after the date of issue of the prohibition order to which it relates.

Local Govt ( Aboriginal Lands) Act Amdt Act 1981, No. 106 1077 (6) A person subject to a prohibition order made under subsection (3) who has in his possession or consumes liquor in the Shire in which the prohibition order was made commits an offence against this Act. A person who supplies liquor to a person knowing him to be subject to a prohibition order made under subsection (3) in contravention of the prohibition order commits an offence against this Act. A person who is alleged to have committed an offence defined in this subsection may be prosecuted in a summary way under the JusticesAct1886-1980 upon the complaint of- (a) the clerk of the Shire in which the order was made; (b) any person authorized in that behalf, generally or in a particular case, by the Council of the Shire in which the order was made; or (c) a member of the Police Force. (7) A person convicted of an offence defined in subsection (6) is liable to a penalty not greater than $200 or to a term of imprisonment not longer than 14 days and, in the case of a person subject to a prohibition order made under subsection (3) who is convicted of having liquor in his possession in contravention of the prohibition order, the court by which he is convicted shall order that any liquor found in his possession and on which the charge against him was based be forfeited to the Crown. An order for forfeiture shall continue to have force and effect for as long as the conviction to which it is relevant stands. (8) In proceedings in respect of a charge of an offence defined in this section- (a) a document certified under the hands of the Chairman of the Council of the Shire whose order is alleged to have been contravened and the clerk of the Shire to be a true copy of the prohibition order of which it purports to be a copy shall be accepted as sufficient proof of the making of the prohibition order and of the particulars specified in the prohibition order; and (b) a certificate under the hands of the Chairman of the Council of the Shire whose order is alleged to have been contravened and the clerk of the Shire as to the identity of- (i) the person alleged in the charge to have been in possession of or to have consumed liquor; or (ii) the person to whom liquor is alleged in the charge to have been supplied with the person subject to the prohibition order, shall be evidence and, in the absence of evidence to the contrary, conclusive evidence of the matters contained therein. (9) In proceedings in respect of a charge of an offence defined in this section it shall be presumed, in the absence of evidence to the contrary, that liquid to which the charge relates is liquor of the description specified in the charge.

1078 Local Govt (Aboriginal Lands) Act Amdt Act 1981, No. 106 (10) The provisions of this section shall not be construed to prejudice the operation of the provisions of the Liquor Act1912-1981 that provide with respect to prohibition orders. 38. Search for and seizure of liquor. (1) Within the Shire of Aurukun or the Shire of Mornington, a member of the Police Force is authorized- (a) to search for liquor any person who is subject to a prohibition order made under section 37 (3): (b) to search for liquor any premises or place occupied or used by any person who is subject to a prohibition order made under section 37 (3); (c) to search for liquor any property of or thing in the possession of any person who is subject to a prohibition order made under section 37 (3); (d) to seize, carry away and hold as evidence all liquor found in the course of a search authorized by this subsection and suspected of being had in possession in contravention of a prohibition order made under section 37 (3): (e) for a purpose specified in paragraph (b) or (c), and subject to subsection (2), to enter into or upon premises or a place of a description referred to in paragraph (b), by force if necessary. and to break open any property or thing of a description referred to in paragraph (c) and, in the exercise of a power conferred by this subsection. to make use of such assistants as he considers necessary. (2) Subsection (1) does not, in paragraph (e), authorize any person to enter into or upon any premises or place or part thereof. which premises, place or part is used solely as a dwelling unless- (a) he has obtained the permission of the occupier of the premises, place or part; or (b) he is in possession of a warrant of a justice that authorizes him to enter into or upon the premises, place or part for the purpose of searching for liquor therein. For the purposes of this subsectioh the curtilage of any premises or place shall not be taken to be a part of those premises or that place used as a dwelling. (3) A justice who is satisfied upon complaint on oath of a member of the Police Force that there is reasonable cause to suspect that in any premises or place, or in any part thereof, used solely as a dwelling there is liquor had in possession in contravention of a prohibition order made under section 37 (3) may issue his warrant directed to the complainant, all members of the Police Force or a particular member of the Police Force specified therein to enter into or upon the premises, place or part whether by day or by night for the purpose of searching for that liquor.

Local Govt (Aboriginal Lands) Act Amdt Act 1981, No. 106 1079 (4) A warrant issued under subsection (3) shall, for a period of one month from the date of its issue be authority to the person to whom it is directed or a person of a description of person to which it is directed and to any person acting in aid of him to enter into or upon the premises, place or part thereof specified in the warrant and to exercise the further powers specified in paragraph (e) of subsection (1).". 5. Re-numbering s. 37. Roads within Shires. The Principal Act is amended by re-numbering section 37 as section 39.