Western Australian Current Acts

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ABORIGINAL COMMUNITIES ACT 1979 - SECT 5

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 Act applies.

        (2)         The Minister may advise the Governor to make a declaration under subsection (1) in relation to a community if the Minister is of the opinion —

            (a)         that neither the constitution nor the rules of the community contain provisions under which the council of the community has 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; or

            (b)         that provisions of the kind mentioned in paragraph (a) contained in the constitution or rules of the community are not being satisfactorily complied with by the council of the community; or

            (c)         that, for any other reason, the application of this Act to the community is no longer appropriate.

        (3)         Upon the making of a declaration under subsection (1) in relation to a community any by-laws made by the community under this Act shall, by force of that declaration, be revoked.



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