Commonwealth Consolidated Acts

ABORIGINAL AND TORRES STRAIT ISLANDERS (QUEENSLAND RESERVES AND COMMUNITIES SELF-MANAGEMENT) ACT 1978 - SECT 10

(1)

The Council for a Reserve to which this Act applies, or for a Community to which this Act applies, may make by-laws for purposes connected with its functions, including by-laws amending or varying by-laws as in force from time to time under this section.

(2)

By-laws made under subsection (1) may fix charges for services provided or made available by the Council for Aboriginals or Islanders, and may make provision with respect to the payment of such charges.

(3)

The amount of a charge referred to in subsection (2) may, if unpaid, be recovered by the Council by action in a court of competent jurisdiction from an Aboriginal or an Islander to whom the service to which the charge relates has been provided or made available.

(4)

A by-law has no effect unless it has been approved by the Minister.

(5)

Where the Minister approves any by-laws, he or she shall:

(a)

cause the by-laws to be notified in the Gazette ; and

(b)

cause a copy of the by-laws to be laid before each House of the Parliament within 15 sitting days of that House after the giving of the Minister's approval.

(5A)

By-laws made under this section take effect from the day on which they are notified in the Gazette or, where a later date is specified in the by-laws, from the date specified.

(6)

If a copy of any by-laws is not laid before each House of the Parliament in accordance with subsection (5), the by-laws shall be void and of no effect.

(7)

Where a copy of any by-laws has been laid before a House of the Parliament in accordance with subsection (5) of this section, the provisions of section 48 (other than subsections (1), (2) and (3)) and sections 48A, 48B, 49 and 50 of the Acts Interpretation Act 1901 apply in relation to those by-laws as if references in those provisions to regulations were references to by-laws.

(8)

The Council for a Reserve to which this Act applies, or for a Community to which this Act applies, shall use its best endeavours to ensure that the by-laws of the Council are made known to Aboriginals or Islanders who reside on the Reserve or are members of the Community.

(9)

A by-law does not apply in relation to a person who is not an Aboriginal or an Islander.

(10)

The by-laws may provide that any contravention of a by-law is an offence punishable, upon conviction, by a fine not exceeding $20.

(11)

In proceedings for an offence referred to in subsection (10), it is a defence if the person was not aware of the by-law to which the offence relates.

Note: A defendant bears an evidential burden in relation to the matter in subsection (11) (see subsection 13.3(3) of the Criminal Code ).