Wreck Bay Aboriginal Community Council v Williams

The Full Court of the Supreme Court of the Australian Capital Territory considered a dispute between the Wreck Bay Aboriginal Community Council and Mr Williams concerning the application of tenancy legislation within the Jervis Bay Territory. The central question was whether the *Residential Tenancies Act 1997* (ACT) could operate concurrently with the *Aboriginal Land Grant (Jervis Bay Territory) Act 1986* (Cth) in relation to land granted under the latter Act.

The court was required to determine the proper construction of section 46 of the *Aboriginal Land Grant (Jervis Bay Territory) Act 1986* (Cth). Specifically, it had to ascertain whether this provision permitted the application of ACT residential tenancy laws to premises situated on land held by the Wreck Bay Aboriginal Community Council under the terms of the Commonwealth Act. The interpretation of section 46 was critical to resolving whether the Council was bound by the *Residential Tenancies Act 1997* (ACT) in its dealings with tenants on this land.

The Full Court reasoned that section 46 of the *Aboriginal Land Grant (Jervis Bay Territory) Act 1986* (Cth) did not preclude the operation of the *Residential Tenancies Act 1997* (ACT). The court found that the Commonwealth Act, while establishing a specific framework for Aboriginal land in the Jervis Bay Territory, did not create an exclusive regime that excluded all other applicable laws. Instead, section 46 was interpreted as allowing for the concurrent operation of other relevant legislation, including ACT tenancy laws, unless there was a direct inconsistency. The court concluded that the *Residential Tenancies Act 1997* (ACT) was capable of operating concurrently with the Commonwealth Act without creating such an inconsistency.

The Full Court ordered that the appeal be dismissed.