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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Reserves (Reserve 43131) Bill 2003
CONTENTS
1. Short title 1
2. Commencement 2
3. Definitions 2
4. Revocation of management order no. I262262 and
effect 2
5. Placing of care, control and management of the
reserve and effect 3
6. Registrar to record certain matters 3
7. Additional powers in relation to care, control and
management 4
8. Exclusion of rules of natural justice 5
9. Nature of discretion 6
10. Reasons 6
11. Immunity from judicial supervision 6
12. Protection from liability 6
13. Expiry of Act 7
201--2 page i
Western Australia
LEGISLATIVE ASSEMBLY
(As amended in Committee)
Reserves (Reserve 43131) Bill 2003
A Bill for
An Act to provide for the care, control and management of
Reserve 43131 in the Swan Valley and for related matters.
The Parliament of Western Australia enacts as follows:
1. Short title
This Act may be cited as the Reserves (Reserve 43131)
Act 2003.
page 1
Reserves (Reserve 43131) Bill 2003
s. 2
2. Commencement
This Act comes into operation on the day on which it receives
the Royal Assent.
3. Definitions
5 In this Act --
"administrator" has the meaning given to that term in
section 7(1);
"Authority" means The Aboriginal Affairs Planning Authority
referred to in the Aboriginal Affairs Planning Authority
10 Act 1972 section 8;
"LAA" means Land Administration Act 1997;
"LAA Minister" has the meaning given to that term in the
LAA section 3(1);
"management order no. I262262" means the management
15 order by which, under the LAA section 46(1), the care,
control and management of the reserve were placed with
the Swan Valley Nyungah Community Aboriginal
Corporation on 11 October 2002;
"police officer" means a person appointed under Part I of the
20 Police Act 1892 to be a member of the Police Force of
Western Australia;
"the reserve" means class C reserve no. 43131 comprising
8.8767 ha of Crown land in the Swan Valley that is
reserved under the LAA section 41 for the use and benefit
25 of Aboriginal inhabitants.
4. Revocation of management order no. I262262 and effect
(1) Management order no. I262262 is revoked by force of this Act.
(2) The revocation, under subsection (1), of management order
no. I262262 has effect as if it were a revocation of a
30 management order under the LAA section 50(2).
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Reserves (Reserve 43131) Bill 2003
s. 5
5. Placing of care, control and management of the reserve and
effect
(1) The care, control and management of the reserve are, by force
of this Act, placed with the Authority for the same purpose as
5 that for which the relevant Crown land is reserved and for
purposes ancillary or beneficial to that purpose.
(2) The placing, under subsection (1), of the care, control and
management of the reserve has effect as if it were done under
the LAA section 46(1).
10 (3) The LAA Minister may by order subject the care, control and
management of the reserve to such conditions as the LAA
Minister specifies and such an order has effect as if it were an
order as defined in the LAA section 3(1).
(4) A reference in the LAA to a management order is, in relation to
15 the reserve during such time as the care, control and
management of the reserve remain placed with the Authority
(either solely or jointly), a reference to the effect of
subsection (1) and any order under subsection (3).
(5) To avoid doubt, nothing in this Act prevents --
20 (a) the revocation, under the LAA section 50, of the effect
of subsection (1); or
(b) the taking of any other action under the LAA or any
other written law in relation to the reserve, or the care,
control and management of the reserve,
25 without the need for a further Act.
6. Registrar to record certain matters
The Registrar of Titles is to take such measures as are necessary
to record the effects of sections 4(1) and 5(1) in the Register as
defined in the Transfer of Land Act 1893.
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Reserves (Reserve 43131) Bill 2003
s. 7
7. Additional powers in relation to care, control and
management
(1) In this section --
"administrator" means --
5 (a) a person engaged under subsection (2)(a); or
(b) an officer nominated under subsection (2)(b).
(2) The Authority may --
(a) engage a person under a contract for services; or
(b) nominate an officer referred to in the Aboriginal Affairs
10 Planning Authority Act 1972 section 15(1),
to enable the Authority to perform effectively its functions in
relation to the reserve.
(3) The administrator may --
(a) direct a person not to enter the reserve during a period of
15 time specified in the direction or until such time as the
direction is revoked;
(b) direct a person to leave the reserve;
(c) with such assistants as the administrator thinks are
necessary --
20 (i) prevent a person from entering the reserve
contrary to a direction under paragraph (a);
(ii) remove a person from the reserve if the person
does not comply with a direction under
paragraph (a) or (b).
25 (4) A direction under subsection (3)(a) or (b) may be oral or in
writing and must be given to the person who is the subject of the
direction before the exercise of a power under subsection (3)(c)
or (7).
(5) The LAA Minister, in an order under the LAA section 46(1) by
30 which the care, control and management of the reserve is placed
with a person other than the Authority, may authorise a person,
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Reserves (Reserve 43131) Bill 2003
s. 8
or the holder of an office, specified in the order, to exercise any
power set out in subsection (3).
(6) If --
(a) there is no administrator and a person has not been
5 authorised under subsection (5); or
(b) the land that is the subject of the reserve at the
commencement of this Act is no longer a reserve as
defined in the LAA section 3(1),
the LAA Minister may exercise, in relation to the land, any
10 power set out in subsection (3).
(7) A police officer may --
(a) prevent a person from entering the reserve contrary to a
direction under subsection (3)(a);
(b) remove a person from the reserve if the person does not
15 comply with a direction under subsection (3)(a) or (b).
(8) The powers that a person may exercise under this section are in
addition to, and do not derogate from, the powers that the
person has under any other law.
(9) A person who may exercise a power under subsection (3)(c)
20 or (7) may use such reasonable force as is necessary for the
purpose of exercising the power.
(10) A power may be exercised under this section in relation to the
land that is the subject of the reserve even though a person has a
legal or equitable right or interest in the land and whether or not
25 the land is a reserve as defined in the LAA section 3(1) at any
particular time.
8. Exclusion of rules of natural justice
The rules known as the rules of natural justice (including any
duty of procedural fairness) do not apply to or in relation to a
30 direction under section 7(3)(a) or (b).
page 5
Reserves (Reserve 43131) Bill 2003
s. 9
9. Nature of discretion
(1) A discretion that a person has for the purposes of section 7(3) is
absolute and the person is not required to give reasons for how
the discretion is exercised.
5 (2) A person is not entitled, because of anything in this Act or
anything done by another person, to expect that a discretion
referred to in subsection (1) will be exercised in a particular
way.
10. Reasons
10 A person who gives a direction under section 7(3)(a) or (b) is
not required to give reasons in relation to the direction, but if the
person thinks that it would be in the public interest to disclose
any or all of the reasons, the person may do so.
11. Immunity from judicial supervision
15 No writ of certiorari, mandamus, or prohibition, or other
prerogative writ, is to issue and no declaratory judgment or
injunction is to be given or granted, in respect of --
(a) any decision made or purporting to be made under
section 7; or
20 (b) anything else done or purporting to have been done
under section 7.
12. Protection from liability
(1) An action in tort does not lie against a person for anything that
the person has done, in good faith in the performance or
25 purported performance of a function under this Act.
(2) The Crown is also relieved of any liability that it might
otherwise have had for another person having done anything as
described in subsection (1).
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Reserves (Reserve 43131) Bill 2003
s. 13
(3) The protection given by this section applies even though the
thing done as described in subsection (1) may have been
capable of being done whether or not this Act had been enacted.
(4) In this section, a reference to the doing of anything includes a
5 reference to the omission to do anything.
13. Expiry of Act
This Act expires on the second anniversary of the day on which
it comes into operation.
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