Western Australian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

ABORIGINAL COMMUNITIES ACT 1979 - SECT 7

7 .         By-laws, council of community may make

        (1)         The council of a community to which this Act applies may make by-laws relating to the community lands of the community for or with respect to —

            (a)         the prohibition or regulation of the admission of persons, vehicles, and animals to the community lands or a part of the community lands;

            (b)         the prohibition or regulation of the use of vehicles on the community lands, including provisions as to speed, manner of driving, class of vehicles, routes, entrances and exits, one-way traffic, noise, parking or standing, the removal of vehicles by a person authorised under the by-laws, and for the control of traffic generally;

            (c)         the prevention of damage to or interference with the grounds of the community lands and the trees, shrubs, bushes, flowers, gardens and lawns on or in those lands;

            (d)         the use, safety and preservation of buildings, structures, erections, fixtures, fittings and chattels on the community lands;

            (e)         the regulation of the conduct of meetings and the interruption of meetings by noise, unseemly behaviour or other means;

            (f)         the prohibition of nuisances, or any offensive, indecent or improper act, or disorderly conduct, language or behaviour;

            (g)         the prohibition, restriction or regulation of the possession, use or supply of alcoholic liquor or deleterious substances;

            (h)         the prohibition or regulation of the possession or use of firearms or other offensive weapons or of dangerous materials;

                  (i)         the depositing of rubbish and the leaving of litter on community lands;

            (j)         the prohibition of the obstruction of any person acting in the execution of his duty under the by-laws or in the exercise and enjoyment by him of any lawful activity on the community lands;

            (k)         the prescribing of any other matter that it is necessary or convenient to prescribe for the purpose of securing decency, order and good conduct on the community lands.

        (2)         By-laws made by the council of a community under subsection (1) —

            (a)         may empower a member of the police force —

                  (i)         to apprehend any persons guilty of a breach of any by-law and to remove such a person from the community lands; and

                  (ii)         to remove any vehicle, animal or other thing from the community lands; and

                  (iii)         to request the name and address of any other person who, in the reasonable belief of the member of the police force, is on the community lands in breach of any by-law or has committed a breach of a by-law; and

                  (iv)         to take proceedings for any breach of a by-law; and

                  (v)         generally to enforce the provisions of the by-laws;

            (b)         may be limited in their application to time, place or circumstance;

            (c)         may provide that any act or thing shall be done subject to the approval or to the satisfaction of the council or a specified person or class of persons and may confer a discretionary authority on the council or a specified person or class of persons;

            (d)         may impose as the penalty for a breach of a by-law a fine not exceeding $5 000;

            (e)         may empower a court to order a person to pay compensation not exceeding $250 to the community or another person where the court has convicted him under the by-laws of an offence and, in the course of committing that offence, he has caused damage to property of the community or that other person.

        (3)         Nothing in this Act affects the power of a community or its council to make other by-laws, rules or regulations under and in accordance with the constitution of the community.

        [Section 7 amended: No. 78 of 1995 s. 147.]



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback