Oombulgurri Association Incorporated By-laws (WA)

Case
No judgment structure available for this case.

Western Australia

Aboriginal Communities Act 1979

Oombulgurri Association Incorporated By-laws

Reprinted under the Reprints Act 1984 as at 3 June 2005

Western Australia

Oombulgurri Association Incorporated By-laws ContentsPart 1 — Preliminary1 — Citation2 — Commencement3 — DefinitionsPart 2 — Community land4 — Permission required to enter and remain on community land5 — Restriction of entry into areas6 — HomesPart 3 — Traffic7 — Traffic signs8 — Careless and dangerous driving9 — Areas prohibited to vehiclesPart 4 — Offences relating to alcohol10 — Prohibition of alcohol on community landPart 5 — Regulation of other matters11 — Wilful damage12 — Litter13 — Offensive behaviour14 — Disruption of meetings15 — Supervision of children in absence of guardianPart 6 — Enforcement and proceedings16 — Powers of police17 — Offences18. Fine 819 — RestitutionNotesCompilation table — Compilation tableDefined terms

Reprinted under the Reprints Act 1984 as at 3 June 2005

Western Australia

Aboriginal Communities Act 1979

Aboriginal Communities Act 1979

Oombulgurri Association Incorporated By‑laws

Part 1 – Preliminary1.Citation

These by‑laws may be cited as the Oombulgurri Association 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

In these by‑laws unless the context requires otherwise — 

the Act means the Aboriginal Communities Act 1979;

community means the Oombulgurri Association Incorporated;

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

the Committee means the Committee of the Oombulgurri Association Incorporated;

fish includes all fish and crustacea, marine and freshwater;

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).

Part 2 – Community land4.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 Committee.

  • (2)

    The Committee 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 Committee may delegate its powers under this by‑law to any community adviser or other officer in the employ of the community as the Committee 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;

    • (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 Committee 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.

6.Homes
  • (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.

Part 3 – Traffic7.Traffic signs
  • (1)

    The Committee 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 manner 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 Committee 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 alcohol10.Prohibition of alcohol on community land

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.

Part 5 – Regulation of other matters11.Wilful damage

A person shall not wilfully damage any tree, bush, flower, lawn, building, structure, vehicle or other thing.

12.Litter

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 Committee for leaving rubbish and litter.

13.Offensive behaviour

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.

14.Disruption of meetings

A person shall not interrupt any meeting of the Committee or the community or any customary meeting by noise or any other offensive or disorderly behaviour.

15.Supervision of children in absence of guardian

Every person residing on community land shall before departing from that land for any period of time make proper arrangements for the supervision and support of any children ordinarily in their custody who remain on community land during their absence.

Part 6 – Enforcement and proceedings16.Powers of police
  • (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 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 may commence proceedings for any breach of a by‑law.

17.Offences

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

18.Fine

A person who is convicted of an offence against a by‑law is liable to a fine of $100.

[By-law 18 inserted: Gazette 14 May 2004 p. 1456.]

19.Restitution

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 19 amended: Gazette 14 May 2004 p. 1457.]

Notes

1          This reprint is a compilation as at 3 June 2005 of the Oombulgurri Association 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

Oombulgurri Association Incorporated By‑laws

26 Apr 1991 p. 1844‑6

26 Apr 1991 (see bl. 2)

Sentencing Legislation (Short Sentences ‑ Aboriginal Community By‑Laws) Amendment Regulations 2004 r. 16

14 May 2004 p. 1451-8

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

Reprint 1: The Oombulgurri Association Incorporated By‑laws as at 3 Jun 2005 (includes amendments listed above)

Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term Provision(s)

community......................................................................................................................... 3

community land................................................................................................................. 3

fish...................................................................................................................................... 3

member of the community............................................................................................... 3

the Act................................................................................................................................ 3

the Committee.................................................................................................................... 3

vehicle................................................................................................................................ 3

Actions
Download as PDF Download as Word Document
Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0