1Citation
These by‑laws may be cited as the Mugarinya Community Association Incorporated By‑laws 1.
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Bill homepageThese by‑laws may be cited as the Mugarinya Community Association Incorporated By‑laws 1.
These by‑laws shall come into effect when approved by the Governor and published in the Government Gazette 1.
In these by‑laws unless the context requires otherwise —
by‑law means one of these by‑laws;
deleterious substance means glue or any volatile liquid containing hydrocarbons;
liquor means liquor as defined in the Liquor Licensing Act 1988;
the Act means the Aboriginal Communities Act 1979;
the community means (as the context requires) Mugarinya Community Associated Incorporated (Yandeearra) and that collective group comprising the membership of Mugarinya Community Associated Incorporated (Yandeearra), their spouses and dependants (where not members in their own right) and members of the community has a correlative meaning;
the Council means the Council of Mugarinya Community Association Incorporated (Yandeearra);
vehicle means any motor vehicle, designed and manufactured to be capable of self propulsion and includes any trailer or caravan while attached to a vehicle.
These by‑laws shall apply —
on all community land; and
to all persons on community land, whether members of the community or not.
Save as otherwise provided by any law of the State or Commonwealth —
no person who is not recognised by the Council to be Aboriginal, may enter or remain on community land without prior permission of the Council;
such permission may be given either orally or in writing and may be subject to such terms or conditions as the Council sees fit;
the Council may revoke such permission at any time and without the necessity of stating any reason for the action;
the Council may order any person whatsoever (other than a member of the community) to leave community land and to remain off community land for such a time as the Council may direct;
employees of government departments of the State or Commonwealth entering or being on community lands in connection with their duties shall be deemed to have permission under paragraph (a);
the Council may act through any of its members to make or to revoke any of the permission or directions referred to in this by‑law.
A person who requires permission under these by‑laws shall not enter or remain on community land without permission.
A person who has permission under these by‑laws to enter or remain on community land shall not contravene any term or condition of that permission to be or remain on community land.
Any person ordered by the Council to leave community land shall do so as is reasonably possible.
Subject to the provisions of any Act or regulation to the contrary —
the Council may place signs on community land for the purpose of prohibiting entry to the part of land on which the sign is placed or to such part of the community land as indicated by the inscription of the sign;
any person who fails to obey directions of the inscription on such a sign commits a breach of these by‑laws.
Any person who is told (by the principal occupant or by the person then in charge thereof) to leave the house of another and who refuses to leave as directed commits a breach of these by‑laws.
The Council may, in its discretion and subject to such terms, conditions and restrictions as it sees fit —
permit any person to bring, possess, use or supply liquor on community lands;
no person shall, without the permission of the Council, bring, possess, use or supply liquor on community lands;
no person shall enter onto or remain on community land whilst under the influence of liquor to the extent that his behaviour causes alarm, annoyance or upset to members of the community.
Pharmaceutical preparations and substances properly used in the ordinary course of medical practice shall exempt from the operation of this by‑law whilst in the possession or control of a medical professional or where properly prescribed and issued to a patient by a medical professional.
A person shall not be in possession of a deleterious substance or petrol on community land for the purpose of inhalation.
A person shall not sell or supply a deleterious substance or petrol to another person on community land if there are reasonable grounds for suspecting that the other person —
intends to use the deleterious substance or petrol for the purpose of inhalation; or
intends to sell or supply the deleterious substance or petrol for the purpose of inhalation.
The Council may place signs (“traffic signs”) on community land for the purpose of regulating vehicle traffic.
Any person who fails to obey the directions of the inscription on a traffic sign commits a breach of these by‑laws.
No person shall drive a vehicle on community land without due care and attention.
No person shall drive a vehicle on community land in a manner which, having regard to all of the circumstances, is dangerous to any person.
No person shall drive a vehicle owned by the community or leased or hired to the community —
without first having the permission of the Council or of a person placed by the Council in charge or control of the vehicle for the time being;
when under the influence of liquor or a deleterious substance;
without being the holder of a current valid motor driver’s licence of a class appropriate to the vehicle to be driven.
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