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Queensland
COMMUNITY SERVICES
LEGISLATION AMENDMENT
BILL 2002
Queensland
COMMUNITY SERVICES LEGISLATION
AMENDMENT BILL 2002
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
PART 2--AMENDMENT OF COMMUNITY SERVICES
(ABORIGINES) ACT 1984
3 Act amended in pt 2 and schedule. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
4 Amendment of s 6 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
5 Amendment of s 13D (Overruling by-laws) . . . . . . . . . . . . . . . . . . . . . . . . . 12
6 Amendment of s 25 (Functions of Aboriginal councils) . . . . . . . . . . . . . . . . 13
7 Omission of ss 26 and 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
8 Insertion of new s 32AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
32AA Special accounting provision for particular payments . . . . . . . . . . . 13
9 Amendment of s 40 (Discharge of Aboriginal police function) . . . . . . . . . . 14
10 Insertion of new pt 3A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
PART 3A--COMMUNITY JUSTICE GROUPS
Division 1--Establishment, functions and powers
45C Establishment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
45D Functions and powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Division 2--Provisions about membership of groups and group
coordinators
45E Membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
45F Criminal history checks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
45G Coordinator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Division 3--Miscellaneous provisions
2
Community Services Legislation Amendment Bill 2002
45H Authentication of documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
45I Protection of members from civil liability. . . . . . . . . . . . . . . . . . . . . 17
45J Reporting requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
11 Insertion of new pt 3B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
PART 3B--CONTROL OF POSSESSION AND CONSUMPTION OF
ALCOHOL IN COMMUNITY AREAS
Division 1--Preliminary
45K Purpose of pt 3B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
45L Definitions for pt 3B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Division 2--Dry places
45M Declaration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
45N Notice of proposal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
45O Objections and supporting submissions. . . . . . . . . . . . . . . . . . . . . . . 21
45P Notice about declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
45Q Suspension of declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
45R Effect of declaration of dry place. . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Division 3--Offences
45S Obstructing members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
45T Possession or consumption of alcohol in or on dry place . . . . . . . . . 23
45U False or misleading statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
45V False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Division 4--Appeals
45W Who may appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
45X How to start appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
45Y Stay of operation of decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
45Z Powers of Magistrates Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
45ZA Constitution of Magistrates Court . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
45ZB Effect of Magistrates Court's decision. . . . . . . . . . . . . . . . . . . . . . . . 26
45ZC Appeal to District Court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Division 5--Miscellaneous provision
45ZD Making applications. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
12 Insertion of new pt 3C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
3
Community Services Legislation Amendment Bill 2002
PART 3C--PROVISIONS ABOUT MAKING BY-LAWS AND
SUBORDINATE BY-LAWS
Division 1--Preliminary
45ZE Definitions for pt 3C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Division 2--Publishing model by-laws and power to make subordinate
by-laws
45ZF Minister may publish model by-laws. . . . . . . . . . . . . . . . . . . . . . . . . 28
45ZG Power to make subordinate by-laws . . . . . . . . . . . . . . . . . . . . . . . . . 28
Division 3--Process for making by-laws
45ZH By-law process. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
45ZI Step 1--propose a by-law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
45ZJ Step 2--ensure proposed by-law satisfactorily deals with any
State interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
45ZK Step 3--consultation about proposed by-law . . . . . . . . . . . . . . . . . . 30
45ZL Step 4--give access to proposed by-law . . . . . . . . . . . . . . . . . . . . . . 31
45ZM Step 5--accept and consider all submissions . . . . . . . . . . . . . . . . . . 31
45ZN Step 6--decide whether to proceed with making proposed by-law 32
45ZO Step 7--again ensure proposed by-law satisfactorily deals with
any State interest .................................... 32
45ZP Step 8--make proposed by-law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
45ZQ Step 9--give public notice of law . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
Division 4--Process for making subordinate by-laws
45ZR Subordinate by-law process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
45ZS Step 1--propose a subordinate by-law . . . . . . . . . . . . . . . . . . . . . . . 35
45ZT Step 2--consultation about proposed subordinate by-law. . . . . . . . . 35
45ZU Step 3--give access to proposed subordinate by-law . . . . . . . . . . . . 36
45ZV Step 4--accept and consider all submissions . . . . . . . . . . . . . . . . . . 36
45ZW Step 5--make proposed subordinate by-law . . . . . . . . . . . . . . . . . . . 37
45ZX Step 6--give public notice of subordinate by-law. . . . . . . . . . . . . . . 37
45ZY Early start for subordinate by-law making process . . . . . . . . . . . . . . 38
Division 5--Commencement and status of by-laws and subordinate
by-laws
45ZZ Commencement of by-laws and subordinate by-laws . . . . . . . . . . . . 38
45ZZA Effect of by-laws. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
4
Community Services Legislation Amendment Bill 2002
45ZZB Extent to which subordinate by-law is binding . . . . . . . . . . . . . . . . 39
45ZZC When subordinate by-laws cease to have effect . . . . . . . . . . . . . . . . 39
45ZZD Proof of by-laws and subordinate by-laws . . . . . . . . . . . . . . . . . . . . 39
45ZZE By-law and subordinate by-law presumed to be within power. . . . . 40
13 Amendment of s 81 (Evidentiary aids) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
14 Insertion of new s 81A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
81A Approved forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
15 Amendment of s 82 (Regulations). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
16 Insertion of new pt 10, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Division 2--Transitional provision for Community Services Legislation
Amendment Act 2002
85A Transitional provision for process for making by-laws . . . . . . . . . . . 41
17 Insertion of new pt 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
PART 12--PROVISION FOR REPRINTING ACT
87 Numbering and renumbering of Act . . . . . . . . . . . . . . . . . . . . . . . . . 42
PART 3--AMENDMENT OF COMMUNITY SERVICES (TORRES
STRAIT) ACT 1984
18 Act amended in pt 3 and schedule. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
19 Amendment of s 6 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
20 Amendment of s 13D (Overruling by-laws) . . . . . . . . . . . . . . . . . . . . . . . . . 44
21 Amendment of s 23 (Functions of Island councils) . . . . . . . . . . . . . . . . . . . 45
22 Omission of ss 24 and 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
23 Insertion of new s 30AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
30AA Special accounting provision for particular payments . . . . . . . . . . . 45
24 Amendment of s 38 (Discharge of Island police function) . . . . . . . . . . . . . . 46
25 Insertion of new pt 3A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
PART 3A--COMMUNITY JUSTICE GROUPS
Division 1--Establishment, functions and powers
43C Establishment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
43D Functions and powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
Division 2--Provisions about membership of groups and group
coordinators
43E Membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
5
Community Services Legislation Amendment Bill 2002
43F Criminal history checks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
43G Coordinator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
Division 3--Miscellaneous provisions
43H Authentication of documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
43I Protection of members from civil liability. . . . . . . . . . . . . . . . . . . . . 49
43J Reporting requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
26 Insertion of new pt 3B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
PART 3B--CONTROL OF POSSESSION AND CONSUMPTION OF
ALCOHOL IN COUNCIL AREAS
Division 1--Preliminary
43K Purpose of pt 3B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
43L Definitions for pt 3B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
Division 2--Dry places
43M Declaration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
43N Notice of proposal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
43O Objections and supporting submissions. . . . . . . . . . . . . . . . . . . . . . . 53
43P Notice about declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
43Q Suspension of declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
43R Effect of declaration of dry place. . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
Division 3--Offences
43S Obstructing members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
43T Possession or consumption of alcohol in or on dry place . . . . . . . . . 55
43U False or misleading statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
43V False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
Division 4--Appeals
43W Who may appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
43X How to start appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
43Y Stay of operation of decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
43Z Powers of Magistrates Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
43ZA Constitution of Magistrates Court . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
43ZB Effect of Magistrates Court's decision. . . . . . . . . . . . . . . . . . . . . . . . 58
43ZC Appeal to District Court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
Division 5--Miscellaneous provision
6
Community Services Legislation Amendment Bill 2002
43ZD Making applications. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
27 Insertion of new pt 3C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
PART 3C--PROVISIONS ABOUT MAKING BY-LAWS AND
SUBORDINATE BY-LAWS
Division 1--Preliminary
43ZE Definitions for pt 3C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
Division 2--Publishing model by-laws and power to make subordinate
by-laws
43ZF Minister may publish model by-laws. . . . . . . . . . . . . . . . . . . . . . . . . 60
43ZG Power to make subordinate by-laws . . . . . . . . . . . . . . . . . . . . . . . . . 60
Division 3--Process for making by-laws
43ZH By-law process. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
43ZI Step 1--propose a by-law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
43ZJ Step 2--ensure proposed by-law satisfactorily deals with
any State interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
43ZK Step 3--consultation about proposed by-law . . . . . . . . . . . . . . . . . . 62
43ZL Step 4--give access to proposed by-law . . . . . . . . . . . . . . . . . . . . . . 63
43ZM Step 5--accept and consider all submissions . . . . . . . . . . . . . . . . . . 63
43ZN Step 6--decide whether to proceed with making proposed by-law 64
43ZO Step 7--again ensure proposed by-law satisfactorily deals with
any State interest .................................... 64
43ZP Step 8--make proposed by-law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
43ZQ Step 9--give public notice of law . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
Division 4--Process for making subordinate by-laws
43ZR Subordinate by-law process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
43ZS Step 1--propose a subordinate by-law . . . . . . . . . . . . . . . . . . . . . . . 67
43ZT Step 2--consultation about proposed subordinate by-law. . . . . . . . . 67
43ZU Step 3--give access to proposed subordinate by-law . . . . . . . . . . . . 68
43ZV Step 4--accept and consider all submissions . . . . . . . . . . . . . . . . . . 68
45ZW Step 5--make proposed subordinate by-law . . . . . . . . . . . . . . . . . . . 69
43ZX Step 6--give public notice of subordinate by-law. . . . . . . . . . . . . . . 69
43ZY Early start for subordinate by-law making process . . . . . . . . . . . . . . 70
Division 5--Commencement and status of by-laws and subordinate
by-laws
7
Community Services Legislation Amendment Bill 2002
43ZZ Commencement of by-laws and subordinate by-laws . . . . . . . . . . . . 70
43ZZA Effect of by-laws. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
43ZZB Extent to which subordinate by-law is binding . . . . . . . . . . . . . . . . 71
43ZZC When subordinate by-laws cease to have effect . . . . . . . . . . . . . . . . 71
43ZZD Proof of by-laws and subordinate by-laws . . . . . . . . . . . . . . . . . . . . 71
43ZZE By-law and subordinate by-law presumed to be within power. . . . . 72
28 Amendment of s 80 (Evidentiary aids) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
29 Insertion of new s 80A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
80A Approved forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
30 Amendment of s 81 (Regulations). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
31 Insertion of new pt 10, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
Division 2--Transitional provision for Community Services Legislation
Amendment Act 2002
84A Transitional provision for process for making by-laws . . . . . . . . . . . 73
32 Insertion of new pt 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
PART 12--PROVISION FOR REPRINTING ACT
86 Numbering and renumbering of Act . . . . . . . . . . . . . . . . . . . . . . . . . 74
PART 4--AMENDMENT OF LOCAL GOVERNMENT
(ABORIGINAL LANDS) ACT 1978
33 Act amended in pt 4 and schedule. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
34 Amendment of s 3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
35 Insertion of new s 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
15 Special accounting provision for particular payments . . . . . . . . . . . 75
36 Amendment of s 33 (Law and order in shires) . . . . . . . . . . . . . . . . . . . . . . . 75
37 Insertion of new s 55AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
55AA Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
38 Omission of pt 6 (Control of possession or consumption of alcohol
at Aurukun) .............................................. 76
39 Insertion of new pt 8, div 2 and pt 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
Division 2--Transitional provisions for Community Services Legislation
Amendment Act 2002
112 Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
113 Law council dissolved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
114 Assets and liabilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
8
Community Services Legislation Amendment Bill 2002
115 Application to declare dry place . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
116 Notice of proposal to declare dry place . . . . . . . . . . . . . . . . . . . . . . . 77
117 Notice about dry place declaration . . . . . . . . . . . . . . . . . . . . . . . . . . 78
118 Dry place declaration continues in force . . . . . . . . . . . . . . . . . . . . . . 78
119 Reporting requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
120 Transitional regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . 79
PART 9--PROVISION FOR REPRINTING ACT
121 Numbering and renumbering of Act . . . . . . . . . . . . . . . . . . . . . . . . . 80
PART 5--MINOR AND CONSEQUENTIAL AMENDMENTS
40 Acts amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . 81
MINOR AND CONSEQUENTIAL AMENDMENTS
COMMUNITY SERVICES (ABORIGINES) ACT 1984. . . . . . . . . . . . . . . 81
COMMUNITY SERVICES (TORRES STRAIT) ACT 1984. . . . . . . . . . . . 82
JUVENILE JUSTICE ACT 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
LOCAL GOVERNMENT (ABORIGINAL LANDS) ACT 1978 . . . . . . . . 84
PENALTIES AND SENTENCES ACT 1992 . . . . . . . . . . . . . . . . . . . . . . . . 85
2002
A BILL
FOR
An Act to amend the Community Services (Aborigines) Act 1984,
Community Services (Torres Strait) Act 1984 and Local Government
(Aboriginal Lands) Act 1978, and for other purposes
s1 10 s4
Community Services Legislation Amendment Bill 2002
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
1 Short title
Clause 3
This Act may be cited as the Community Services Legislation 4
Amendment Act 2002. 5
2 Commencement
Clause 6
Sections 34, 36, 38 and 39 commence on a day to be fixed by 7
proclamation. 8
PART 2--AMENDMENT OF COMMUNITY SERVICES 9
(ABORIGINES) ACT 1984 10
3 Act amended in pt 2 and schedule
Clause 11
(1) This part amends the Community Services (Aborigines) Act 1984. 12
(2) The schedule also includes amendments of the Community Services 13
(Aborigines) Act 1984. 14
4 Amendment of s 6 (Definitions)
Clause 15
Section 6-- 16
insert-- 17
` "Aboriginal police officer" means a person appointed under section 39 18
as an Aboriginal police officer for a council area. 19
"advertised proposed by-law", for part 3C, see section 45ZN(a). 20
s4 11 s4
Community Services Legislation Amendment Bill 2002
"alcohol" has the same meaning as "liquor" in the Liquor Act 1992.1 1
"amended proposed by-law", for part 3C, see section 45ZN(b). 2
"appealable decision", for part 3B, see section 45L. 3
"approved form" means a form approved under section 81A. 4
"canteen" see the Indigenous Communities Liquor Licences Act 2002, 5
schedule. 6
"certified copy", for part 3C, see section 45ZE. 7
"closing day for objections and submissions", for part 3B, see 8
section 45N(2). 9
"community area" means a council area or the Shire of Aurukun or 10
Mornington. 11
"community council" means an Aboriginal council or the Council of the 12
Shire of Aurukun or Mornington. 13
"community justice group" means a community justice group established 14
under part 3A for a community area. 15
"consultation period", for part 3C, see section 45ZK(1) or 45ZT(1). 16
"coordinator", for a community justice group, means the person 17
appointed under section 45G by the group to perform the functions of 18
coordinator for the group. 19
"drafting certificate", for part 3C, see section 45ZE. 20
"dry place", for part 3B, see section 45L. 21
"entity", for part 3B, see section 45L. 22
"liquor provisions" means-- 23
(a) section 45T; and 24
1 The Liquor Act 1992, section 4B--
4B Meaning of "liquor"
(1) "Liquor" is a spiritous or fermented fluid of an intoxicating nature intended
for human consumption.
(2) "Liquor" also includes any other substance intended for human consumption
in which the level of ethyl alcohol (ethanol) is more than 5 mL/L (0.5%) at 20șC.
(3) However, "liquor" does not include a fluid, that would otherwise be liquor, if
it is used merely as a preservative or medium in which fruit is offered for sale to the
public in sealed containers and with the contents visible.
s5 12 s5
Community Services Legislation Amendment Bill 2002
(b) the Liquor Act 1992, sections 168B, 169 and 171.2 1
"member", for parts 3A and 3B, means a member of a community justice 2
group. 3
"model by-law", for part 3C, see section 45ZF(1). 4
"police officer in charge", for a council area, means the police officer in 5
charge of the police station in the area or, if there is no police station 6
in the area, the police officer in charge of the nearest police station. 7
"possess", for part 3B, see section 45L. 8
"private place", for part 3B, see section 45L. 9
"proposed authorising law", for part 3C, see section 45ZY(1). 10
"proposed by-law", for part 3C, see section 45ZI(1) or (2). 11
"public place", for part 3B, see section 45L. 12
"required number", for part 3C, see section 45ZE. 13
"State interest", for a by-law or subordinate by-law, a provision of a 14
by-law or subordinate by-law, or a provision of a proposed by-law or 15
subordinate by-law, means-- 16
(a) an interest that affects an economic, social or environmental 17
interest of the State or a region; or 18
(b) an interest in ensuring there is an efficient, effective and 19
accountable system of local government in the council area to 20
which the law relates; or 21
(c) an interest prescribed under a regulation. 22
"subordinate by-law", for part 3C, see section 45ZG.'. 23
5 Amendment of s 13D (Overruling by-laws)
Clause 24
Section 13D(3)-- 25
omit. 26
2 Section 45T (Possession or consumption of alcohol in or on dry place) and the
Liquor Act 1992, sections 168B (Prohibition of possession of liquor in restricted
area), 169 (Authority required for sale) and 171 (Carrying or exposing liquor for
sale)
s6 13 s8
Community Services Legislation Amendment Bill 2002
6 Amendment of s 25 (Functions of Aboriginal councils)
Clause 1
Section 25(2A)-- 2
omit, insert-- 3
`(2A) Without limiting the functions and powers of an Aboriginal 4
council, a council may make by-laws-- 5
(a) not inconsistent with part 3B, for the purpose of regulating and 6
controlling the possession or consumption of alcohol in its 7
council area; or 8
(b) conferring functions on the community justice group for its 9
council area.'. 10
7 Omission of ss 26 and 27
Clause 11
Sections 26 and 27-- 12
omit. 13
8 Insertion of new s 32AA
Clause 14
After section 32-- 15
insert-- 16
`32AA Special accounting provision for particular payments 17
`(1) An Aboriginal council must keep separate accounting records for 18
payments made to it under the Indigenous Communities Liquor Licences 19
Act 2002, section 9. 20
`(2) The council must ensure the amounts paid to it are used only for-- 21
(a) funding programs or services for the benefit of residents of its 22
council area; or 23
(b) if an implementation regulation under the Indigenous 24
Communities Liquor Licences Act 2002, section 34, states this 25
paragraph applies--for making a payment relating to the 26
council's liabilities stated in the regulation.'. 27
s9 14 s 10
Community Services Legislation Amendment Bill 2002
9 Amendment of s 40 (Discharge of Aboriginal police function)
Clause 1
Section 40-- 2
insert-- 3
`(1A) Also, for the administration and enforcement of the liquor 4
provisions in a council area, the police officer in charge for the area may 5
authorise an Aboriginal police officer to exercise in the area the powers 6
of-- 7
(a) an investigator under the Liquor Act, 1992, part 7;3 or 8
(b) a police officer under the Police Powers and Responsibilities Act 9
2000, sections 51 to 53.4 10
`(1B) For subsection (1A)(b), the Police Powers and Responsibilities Act 11
2000, sections 51 to 53, apply as if a reference in the sections to a police 12
officer were a reference to an Aboriginal police officer.'. 13
10 Insertion of new pt 3A
Clause 14
After section 45B-- 15
insert-- 16
`PART 3A--COMMUNITY JUSTICE GROUPS 17
`Division 1--Establishment, functions and powers 18
`45C Establishment 19
`(1) A community justice group for a community area may be 20
established under a regulation. 21
`(2) The regulation must state the group's name. 22
3 For exercise of powers by Aboriginal police officers under the Liquor Act 1992,
part 7, see section 174A of that Act.
4 Police Powers and Responsibilities Act 2000, sections 51 (Stopping vehicles for
prescribed purposes), 52 (Power to require vehicles to be moved) and
53 (Requirement to remain at a place)
s 10 15 s 10
Community Services Legislation Amendment Bill 2002
`45D Functions and powers 1
`(1) The functions of the community justice group for a community area 2
are to-- 3
(a) regulate the possession and consumption of alcohol in the area 4
under part 3B, division 2; and 5
(b) carry out local strategies to address justice issues affecting 6
members of the community in the area; and 7
(c) make recommendations to the community liquor licence board 8
established under the Indigenous Communities Liquor Licences 9
Act 2002, part 2, division 1, for the area about the operation of 10
the canteen in the area;5 and 11
(d) make recommendations to the Minister administering the Liquor 12
Act 1992, part 6A, about declarations under that part; and 13
(e) carry out other functions given to it under this or another Act. 14
15
Example for subsection (1)(c)--
16
The group may make a recommendation about the days and hours of operation of the
17
canteen or the availability of takeaway alcohol.
`(2) To remove any doubt, it is declared that the group may not make 18
recommendations about the employment of canteen staff, including, for 19
example, the appointment of the canteen manager. 20
The group has power to do all things reasonably necessary to be 21
`(3)
done for performing its functions. 22
`(4) Without limiting subsection (3), the group has the powers conferred 23
on it by this or another Act. 24
`Division 2--Provisions about membership of groups and group 25
coordinators 26
`45E Membership 27
`(1) The community justice group for a community area comprises the 28
number of members prescribed under a regulation. 29
5 See Indigenous Communities Liquor Licences Act 2002, section 8 (Board to
implement recommendations of community justice group).
s 10 16 s 10
Community Services Legislation Amendment Bill 2002
`(2) A regulation may make provision about the following-- 1
(a) eligibility of persons to be members; 2
(b) nomination of persons as members; 3
(c) terms on which, and period, a member holds office. 4
`(3) However, members must include at least 1 representative of each of 5
the main indigenous social groupings in the area. 6
`(4) Members must be of good standing in the community. 7
`(5) In this section-- 8
"indigenous social grouping" means a group of indigenous persons 9
sharing a common basis of social affiliation, including family 10
relationship, language, traditional land ownership and historical 11
association. 12
`45F Criminal history checks 13
`(1) A regulation may provide for the disclosure by the commissioner of 14
the police service to a stated entity of a person's criminal history for 15
deciding whether the person is suitable to be nominated as a member. 16
`(2) The entity must-- 17
(a) not use the information for any purpose other than for the 18
purpose mentioned in subsection (1); and 19
(b) as soon as practicable after the information is no longer needed 20
for the purpose, destroy it. 21
`(3) In this section-- 22
"criminal history", of a person, means the convictions, other than spent 23
convictions, recorded against the person for offences, in Queensland 24
or elsewhere, whether before or after the commencement of this 25
section. 26
"spent conviction" means a conviction-- 27
(a) for which the rehabilitation period under the Criminal Law 28
(Rehabilitation of Offenders) Act 1986 has expired under that 29
Act; and 30
(b) that is not revived as prescribed by section 11 of that Act. 31
s 10 17 s 10
Community Services Legislation Amendment Bill 2002
`45G Coordinator 1
`(1) The community justice group for a community area must appoint a 2
coordinator for the group. 3
`(2) A regulation may make provision about the eligibility of a person to 4
be appointed as coordinator. 5
`(3) The coordinator's functions are to-- 6
(a) provide administrative support to the group; and 7
8
Example for paragraph (a)--
9
Ensuring notice requirements under part 3B, division 2, are met.
(b) attend meetings of the group to advise it on any issue before it; 10
and 11
(c) ensure minutes of the group's meetings are kept; and 12
(d) ensure the reporting requirements under section 45N are 13
complied with. 14
`Division 3--Miscellaneous provisions 15
`45H Authentication of documents 16
`A document made by the community justice group for a community 17
area is sufficiently made if it is signed by the coordinator for the group. 18
`45I Protection of members from civil liability 19
`(1) A member is not civilly liable to someone for an act done, or 20
omission made, honestly and without negligence under this Act. 21
`(2) If subsection (1) prevents a civil liability attaching to the member, 22
the liability attaches instead to the State. 23
`45J Reporting requirements 24
`(1) Within 90 days after the end of each reporting period, a community 25
justice group must prepare a report on its activities for the period and give 26
the report to the chief executive. 27
`(2) The report must be in the approved form. 28
s 11 18 s 11
Community Services Legislation Amendment Bill 2002
`(3) In this section-- 1
"reporting period" means-- 2
(a) the period prescribed under a regulation; or 3
(b) if a period is not prescribed under paragraph (a)--each quarter of 4
a financial year.'. 5
11 Insertion of new pt 3B
Clause 6
After part 3A, as inserted by section 10-- 7
insert-- 8
`PART 3B--CONTROL OF POSSESSION AND 9
CONSUMPTION OF ALCOHOL IN COMMUNITY 10
AREAS 11
`Division 1--Preliminary 12
`45K Purpose of pt 3B 13
`(1) The purpose of this part is to prevent harm in community areas 14
caused by alcohol abuse and misuse and associated violence. 15
`(2) The purpose is to be achieved by providing for the declaration of 16
places in community areas in which the possession and consumption of 17
alcohol is prohibited. 18
`45L Definitions for pt 3B 19
`In this part-- 20
"appealable decision" means a community justice group's decision-- 21
(a) to declare, or not to declare, a place as a dry place; or 22
(b) to amend or revoke the declaration of a place as a dry place; or 23
(c) to suspend, or not to suspend, the declaration of a place as a dry 24
place. 25
"closing day for objections and submissions" see section 45N(2). 26
"dry place" means a place declared under division 2 as a dry place. 27
s 11 19 s 11
Community Services Legislation Amendment Bill 2002
"entity" includes-- 1
(a) a department; and 2
(b) a division, branch or other part of a department. 3
"possess" alcohol includes-- 4
(a) have custody or control of the alcohol; and 5
(b) have an ability or right to obtain custody or control of the 6
alcohol. 7
"private place" means-- 8
(a) a place occupied by a person, a group of persons, or an entity 9
other than the State or a community council; or 10
(b) a place to which a person or group of persons have the authority 11
to control access under Aboriginal tradition. 12
"public place" means a place that is not a private place. 13
`Division 2--Dry places 14
`45M Declaration 15
`(1) The community justice group for a community area may-- 16
(a) on its own initiative or on written application by the community 17
council for the area or the chief executive of a department-- 18
(i) declare a public place in the area as a dry place; or 19
(ii) amend or revoke a declaration made by it under 20
subparagraph (i); or 21
(b) on written or personal application by the occupier of a private 22
place in the area, or a person or group of persons with authority 23
to control access to the place under Aboriginal tradition-- 24
(i) declare the place as a dry place; or 25
(ii) amend or revoke a declaration made by it under 26
subparagraph (i). 27
`(2) The community justice group may invite an application about a 28
particular private place. 29
s 11 20 s 11
Community Services Legislation Amendment Bill 2002
`(3) The group must consider the application as soon as reasonably 1
practicable. 2
`(4) A declaration may be for the limited time stated in it, or without 3
limit of time, and may state reasonable conditions to which it is subject. 4
`(5) The group may also, on its own initiative, revoke a declaration made 5
under subsection (1)(b) if it is satisfied it is necessary to revoke the 6
declaration because the occupier of the place, or a person or group with 7
authority to control access to the place under Aboriginal tradition, has 8
acted in a way that is contrary to the effect of, or hinders the enforcement 9
of, the declaration. 10
`(6) The group must ensure a person or group of persons who wish to 11
make a written application under subsection (1)(b) are given help to make 12
the application. 13
`45N Notice of proposal 14
`(1) Before deciding whether to declare a place as a dry place, the 15
community justice group for a community area must display written notice 16
of the proposal-- 17
(a) in at least 1 prominent place in the area; and 18
(b) if it considers it practicable, at the place. 19
`(2) The notice must-- 20
(a) sufficiently identify the place; and 21
(b) state the right of a person to object or make a supporting 22
submission; and 23
(c) state the day (the "closing day for objections and 24
submissions") on or before which-- 25
(i) a written objection or supporting submission must be made; 26
or 27
(ii) a written notice that a person wishes to object or make a 28
supporting submission in person to the group, must be 29
given; and 30
(d) state the objection, submission or notice must be made or given 31
to the coordinator for the group; and 32
(e) if the proposed declaration is for a limited time--state that fact 33
and the period proposed. 34
s 11 21 s 11
Community Services Legislation Amendment Bill 2002
`(3) The notice must be displayed for at least 14 days immediately 1
before the closing day for objections and submissions. 2
`(4) In addition to displaying written notice of the proposal as required 3
by this section, the group must consult with members of the community 4
resident in the area in the way it considers appropriate. 5
`(5) This section applies to the amendment or revocation of a declaration 6
of a place as a dry place in the same way as it applies to the making of the 7
declaration. 8
`45O Objections and supporting submissions 9
`(1) A person whose interests will be affected by the declaration of a 10
public place as a dry place may object to or support the proposal to make 11
the declaration. 12
`(2) A proposed declaration of a private place as a dry place may be 13
objected to or supported by-- 14
(a) a person or group of persons with the authority to control access 15
to the place or a neighbouring place under Aboriginal tradition; 16
or 17
(b) the occupier of, or a person or group who use, the place or a 18
neighbouring place. 19
`(3) The objection or supporting submission must be made-- 20
(a) in writing to the coordinator for the community justice group for 21
the community area in which the place is located on or before the 22
closing day for objections and submissions; or 23
(b) if the objector or supporter tells the coordinator for the group, on 24
or before that day, that he or she wishes to appear before the 25
group to make a submission--personally to the group. 26
`(4) The group must consider all written objections and supporting 27
submissions made on or before the closing day for objections and 28
submissions. 29
`(5) If the group gives a person mentioned subsection (3)(b) a reasonable 30
opportunity to appear before it and put the objection or supporting 31
submission but the person fails to appear, the person loses the right to have 32
the objection or supporting submission considered by the group. 33
`(6) A fee is not payable by an objector or supporter. 34
s 11 22 s 11
Community Services Legislation Amendment Bill 2002
`(7) This section applies to the amendment or revocation of a declaration 1
of a place as a dry place in the same way as it applies to the making of the 2
declaration. 3
`45P Notice about declaration 4
`(1) The community justice group for a community area must display 5
written notice of the declaration of a place as a dry place in at least 6
1 prominent place in the area for as long as the declaration is in force. 7
`(2) The notice must-- 8
(a) sufficiently identify the place; and 9
(b) state that the declaration takes effect on the day on which the 10
declaration is displayed; and 11
(c) if the declaration is for a limited time--state that fact and the 12
period of the declaration; and 13
(d) state the provisions of section 45T. 14
`(3) This section applies to the amendment or revocation of the 15
declaration of a place as a dry place in the same way as it applies to the 16
making of the declaration. 17
`(4) However, notice of the revocation must be displayed for at least 18
1 month and need not state the provisions of section 45T. 19
`45Q Suspension of declaration 20
`(1) The community justice group for a community area may, on written 21
application by any person, suspend the declaration of a public place in the 22
area as a dry place for a period of not more than 7 days. 23
`(2) The application must state the purpose and period of the suspension 24
sought. 25
`(3) The group must consider the application as soon as reasonably 26
practicable. 27
`(4) The group may suspend the declaration only if it is satisfied it is in 28
the best interests of the residents of the area to do so. 29
`(5) The suspension may apply for all alcohol or a particular type of 30
alcohol. 31
s 11 23 s 11
Community Services Legislation Amendment Bill 2002
`(6) Also, the suspension may state reasonable conditions to which it is 1
subject. 2
`(7) Sections 45N to 45P apply, with all necessary changes, to the 3
suspension of a declaration of a place as a dry place as if it were a proposal 4
to declare a place as a dry place. 5
`(8) However, notice of the suspension displayed under section 45P need 6
not state the provisions of section 45T. 7
`45R Effect of declaration of dry place 8
`(1) This section applies if-- 9
(a) under this division, a place is declared as a dry place (the "dry 10
place declaration"); and 11
(b) the place is in a restricted area under the Liquor Act 1992 to 12
which section 168B of that Act applies because of a declaration 13
under section 173H of that Act (the "restricted area 14
declaration"). 15
`(2) The dry place declaration applies to the place despite the restricted 16
area declaration. 17
`Division 3--Offences 18
`45S Obstructing members 19
`(1) A person must not obstruct or improperly influence a member in 20
performing the member's functions under this Act. 21
Maximum penalty--200 penalty units. 22
`(2) In this section-- 23
"influence" includes attempt to influence. 24
"obstruct" includes hinder, resist and attempt to obstruct. 25
`45T Possession or consumption of alcohol in or on dry place 26
`(1) A person must not, in or on a dry place, possess or consume alcohol. 27
Maximum penalty--250 penalty units. 28
s 11 24 s 11
Community Services Legislation Amendment Bill 2002
`(2) A person must not, in or on a dry place, be drunk. 1
Maximum penalty--25 penalty units. 2
`45U False or misleading statements 3
`(1) A person must not state anything to a community justice group that 4
the person knows is false or misleading in a material particular. 5
Maximum penalty--60 penalty units. 6
`(2) In a proceeding for an offence against subsection (1), it is enough to 7
state that the statement made was, without specifying which, false or 8
misleading. 9
`45V False or misleading documents 10
`(1) A person must not give a community justice group a document 11
containing information the person knows is false or misleading in a 12
material particular. 13
Maximum penalty--60 penalty units. 14
`(2) Subsection (1) does not apply to a person if the person, when giving 15
the document-- 16
(a) tells the group, to the best of the person's ability, how it is false or 17
misleading; and 18
(b) if the person has, or can reasonably obtain, the correct 19
information--gives the correct information. 20
`(3) In a proceeding for an offence against subsection (1), it is enough to 21
state that the document was, without specifying which, false or misleading. 22
`Division 4--Appeals 23
`45W Who may appeal 24
`A person whose interests are affected by an appealable decision may 25
appeal against the decision to a Magistrates Court. 26
s 11 25 s 11
Community Services Legislation Amendment Bill 2002
`45X How to start appeal 1
`(1) An appeal is started by-- 2
(a) filing notice of appeal with the clerk of the court of a Magistrates 3
Court in, or nearest to, the community area to which the decision 4
relates; and 5
(b) giving a copy of the notice to the community justice group that 6
made the appealable decision within 7 days after the notice is 7
filed. 8
`(2) The notice of appeal must be filed within 28 days after the appellant 9
becomes aware of the decision. 10
`(3) The court may at any time extend the period for filing the notice of 11
appeal. 12
`(4) The notice of appeal must state fully the grounds of the appeal and 13
the facts relied on. 14
`45Y Stay of operation of decisions 15
`(1) The Magistrates Court may grant a stay of the appealable decision to 16
secure the effectiveness of the appeal. 17
`(2) The stay-- 18
(a) may be given on the conditions the court considers appropriate; 19
and 20
(b) operates for the period fixed by the court; and 21
(c) may be revoked or amended by the court. 22
`(3) The period of the stay must not extend past the time when the court 23
decides the appeal. 24
`(4) The appeal affects the appealable decision, or carrying out of the 25
decision, only if the decision is stayed. 26
`45Z Powers of Magistrates Court 27
`(1) In deciding the appeal, the Magistrates Court-- 28
(a) has the same powers as the community justice group; and 29
(b) is not bound by the rules of evidence; and 30
(c) must comply with natural justice. 31
s 11 26 s 11
Community Services Legislation Amendment Bill 2002
`(2) The appeal is by way of rehearing unaffected by the decision 1
appealed against on the material before the group and any further evidence 2
allowed by the court. 3
`(3) The court may-- 4
(a) confirm the appealable decision; or 5
(b) set aside the decision and substitute another decision; or 6
(c) set aside the decision and return the issue to the group with the 7
directions the court considers appropriate. 8
`45ZA Constitution of Magistrates Court 9
`The Magistrates Court must be constituted by a magistrate when 10
exercising its jurisdiction to decide the appeal. 11
`45ZB Effect of Magistrates Court's decision 12
`If the Magistrates Court substitutes another decision, the substituted 13
decision is, for this part (other than this division), taken to be the 14
community justice group's decision. 15
`45ZC Appeal to District Court 16
`An appeal to the District Court from a decision of a Magistrates Court 17
may be made only on a question of law. 18
`Division 5--Miscellaneous provision 19
`45ZD Making applications 20
`(1) An application under this part must be made to the coordinator for 21
the community justice group for the community area to which the 22
application relates. 23
`(2) A fee is not payable for an application-- 24
(a) to have a place declared as a dry place; or 25
(b) to have the declaration amended, revoked or suspended. 26
s 12 27 s 12
Community Services Legislation Amendment Bill 2002
12 Insertion of new pt 3C
Clause 1
After part 3B, as inserted by section 11-- 2
insert-- 3
`PART 3C--PROVISIONS ABOUT MAKING BY-LAWS 4
AND SUBORDINATE BY-LAWS 5
`Division 1--Preliminary 6
`45ZE Definitions for pt 3C 7
`In this part-- 8
"advertised proposed by-law" see section 45ZN(a). 9
"amended proposed by-law" see section 45ZN(b). 10
"certified copy", of an Aboriginal council's by-law or subordinate local 11
law, means a copy of the by-law or subordinate local law certified by 12
the council's clerk to be the by-law or subordinate by-law as made by 13
the council. 14
"consultation period" means-- 15
(a) for a proposed by-law--the period mentioned in 16
section 45ZK(1); or 17
(b) for a proposed subordinate by-law--the period mentioned in 18
section 45ZT(1). 19
"drafting certificate", for a proposed by-law or subordinate by-law, 20
means a certificate signed by the relevant Aboriginal council's clerk 21
and a lawyer stating-- 22
(a) the law is drafted in sufficient accordance with drafting standards 23
prescribed under a regulation for the law; and 24
(b) if section 68(2)6 applies to the proposed law--the subsection has 25
been complied with and all interested persons under the 26
subsection located by the council have given written consent to 27
the making of the law. 28
"model by-law" see section 45ZF(1). 29
6 Section 68 (Power of Aboriginal council to regulate presence in area)
s 12 28 s 12
Community Services Legislation Amendment Bill 2002
"proposed authorising law" see section 45ZY(1). 1
"proposed by-law" see section 45ZI(1) or (2). 2
"required number" means the number decided by the Minister. 3
"subordinate by-law" see section 45ZG. 4
`Division 2--Publishing model by-laws and power to make subordinate 5
by-laws 6
`45ZF Minister may publish model by-laws 7
`(1) The Minister may prepare and publish in the gazette a by-law (a 8
"model by-law") about a matter within the functions of an Aboriginal 9
council as suitable for adoption by Aboriginal councils as a by-law. 10
`(2) Also, the Minister must publish a notice in the gazette stating 11
whether steps 3 to 7 of division 3 apply for making the model by-law. 12
`(3) However, steps 3 to 7 of division 3 may be applied for making the 13
model by-law only if the Minister is satisfied the consultation process 14
under the steps would serve a useful purpose. 15
`45ZG Power to make subordinate by-laws 16
`An Aboriginal council may make a law (a "subordinate by-law") 17
about a matter that a by-law expressly states that the council may make 18
about the matter. 19
`Division 3--Process for making by-laws 20
`45ZH By-law process 21
`(1) Subject to subsection (2), the process stated in this division must be 22
used to make a by-law. 23
`(2) Steps 3 to 7 apply to the making of a model by-law only if the steps 24
apply to the making of the model by-law under a notice published under 25
section 45ZF(2). 26
`(3) If an Aboriginal council purports to make a by-law in contravention 27
of this section, the purported law is of no effect. 28
s 12 29 s 12
Community Services Legislation Amendment Bill 2002
`45ZI Step 1--propose a by-law 1
`(1) Before making a model by-law, an Aboriginal council must, by 2
resolution, propose to adopt the model by-law (the "proposed by-law"). 3
`(2) Before making another by-law, an Aboriginal council must, by 4
resolution, propose to make the by-law (also the "proposed by-law"). 5
`45ZJ Step 2--ensure proposed by-law satisfactorily deals with any 6
State interest 7
`(1) This section does not apply if the proposed by-law is a model 8
by-law. 9
`(2) The Aboriginal council must give the Minister the following-- 10
(a) a copy of the proposed by-law; 11
(b) a drafting certificate for the proposed by-law; 12
(c) information about the proposed by-law required by the Minister 13
or under a regulation. 14
`(3) The Minister must advise the council that it may proceed further in 15
making the law if the Minister considers-- 16
(a) State interests are satisfactorily dealt with by the proposed 17
by-law; and 18
(b) the proposed by-law is drafted substantially in accordance with 19
drafting standards prescribed under a regulation. 20
`(4) Alternatively, if the Minister considers the matters mentioned in 21
subsection (3) would be satisfactorily dealt with by the proposed by-law if 22
the council satisfied particular conditions, the Minister-- 23
(a) may impose conditions on the council that the Minister considers 24
appropriate; and 25
(b) must advise the council that it may proceed further in making the 26
law if it-- 27
(i) satisfies any conditions about the content of the proposed 28
by-law; and 29
(ii) agrees to satisfy any other conditions. 30
`(5) If the Minister considers the proposed by-law only makes a minor 31
amendment of an existing law (including, for example, the correction of a 32
s 12 30 s 12
Community Services Legislation Amendment Bill 2002
minor error), the advice of the Minister also may state that the council may 1
proceed to step 8 without satisfying steps 3 to 7. 2
`(6) Steps 3 to 7 do not apply if the Minister's advice to the council 3
includes the statement mentioned in subsection (5). 4
`(7) The advice of the Minister also may state that the council may 5
proceed without satisfying step 7 if the council agrees to satisfy particular 6
conditions. 7
`(8) Before proceeding further in making a proposed by-law, the council 8
must-- 9
(a) get an advice under subsection (3) or (4); and 10
(b) satisfy any condition about the content of the proposed by-law; 11
and 12
(c) agree to satisfy any other conditions. 13
`45ZK Step 3--consultation about proposed by-law 14
`(1) The Aboriginal council must consult with residents of its council 15
area about the proposed by-law for at least 14 days (the "consultation 16
period"). 17
`(2) However, a longer consultation period may be-- 18
(a) fixed by a condition agreed by the Minister and the council in 19
step 2; or 20
(b) prescribed under a regulation. 21
`(3) The consultation period begins on the day when the notice 22
mentioned in subsection (4) is first published. 23
`(4) A notice about the proposed by-law must be-- 24
(a) published at least once in a newspaper, newsletter or other 25
publication circulating generally in its council area; and 26
(b) displayed in a conspicuous place in the following places from the 27
first day of the consultation period until the end of the last day of 28
the consultation period-- 29
(i) the council's office; 30
(ii) another prominent place in its council area. 31
`(5) The notice must state the following-- 32
s 12 31 s 12
Community Services Legislation Amendment Bill 2002
(a) the council's name; 1
(b) the name of the proposed by-law; 2
(c) the purposes and general effect of the proposed by-law; 3
(d) the length of the consultation period and the first and last days of 4
the period; 5
(e) that written submissions by any person supporting or objecting to 6
the proposed by-law may be made and given to the council on or 7
before the last day stating-- 8
(i) the grounds of the submission; and 9
(ii) the facts and circumstances relied on in support of the 10
grounds. 11
`(6) Also, for a notice published under subsection (4)(a), the notice must 12
state that a copy of the proposed by-law is open to inspection, or available, 13
free of charge at the council's office until the end of the last day of the 14
period. 15
`(7) A copy of the proposed by-law must be attached to a notice 16
displayed under subsection (4)(b). 17
`(8) The council may also consult with residents of its council area about 18
the proposed by-law in any way it considers appropriate. 19
`(9) If an open meeting is held under subsection (8), the council's clerk 20
must keep minutes of the meeting. 21
`45ZL Step 4--give access to proposed by-law 22
`On the first day of the consultation period and until the end of the last 23
day of the consultation period a copy of the proposed by-law must be open 24
to inspection, and be available, free of charge at the Aboriginal council's 25
office. 26
`45ZM Step 5--accept and consider all submissions 27
`(1) The Aboriginal council must consider every submission properly 28
made to it. 29
`(2) A submission is properly made to the council if it-- 30
(a) is the written submission of any person about the proposed 31
by-law; and 32
s 12 32 s 12
Community Services Legislation Amendment Bill 2002
(b) is given to the council on or before the last day of the 1
consultation period. 2
`(3) Also, a submission is properly made to the council if it is made at a 3
meeting held under section 45ZK(8) and recorded in the minutes of the 4
meeting. 5
`45ZN Step 6--decide whether to proceed with making proposed 6
by-law 7
`After considering every submission properly made to it, the Aboriginal 8
council must, by resolution, decide whether to-- 9
(a) proceed with making the proposed by-law as advertised (the 10
"advertised proposed by-law"); or 11
(b) proceed with making the proposed by-law with amendments (the 12
"amended proposed by-law"); or 13
(c) not proceed with making the proposed by-law. 14
`45ZO Step 7--again ensure proposed by-law satisfactorily deals with 15
any State interest 16
`(1) This step does not apply in the following cases-- 17
(a) if the Aboriginal council receives an advice under 18
section 45ZJ(5) or (7) and has satisfied any agreed conditions; 19
(b) if the Aboriginal council decides to proceed with making the 20
advertised proposed by-law; 21
(c) if the Aboriginal council decides not to proceed with the 22
proposed by-law; 23
(d) if a regulation states the step does not apply. 24
`(2) The council must-- 25
(a) advise the Minister of its decision under step 6; and 26
(b) give the Minister information about the proposed by-law 27
required by the Minister or by regulation. 28
`(3) If the Minister considers that State interests are satisfactorily dealt 29
with by the proposed by-law, the Minister must advise the council it may 30
proceed to step 8. 31
s 12 33 s 12
Community Services Legislation Amendment Bill 2002
`(4) Alternatively, if the Minister considers State interests would be 1
satisfactorily dealt with by the proposed by-law if the council satisfied 2
particular conditions, the Minister-- 3
(a) may impose conditions on the council that the Minister considers 4
appropriate; and 5
(b) must advise the council that it may proceed to step 8 if it-- 6
(i) satisfies any conditions about the content of the proposed 7
by-law; and 8
(ii) agrees to satisfy any other conditions. 9
`(5) Before proceeding further in making a proposed by-law, the council 10
must-- 11
(a) get an advice under subsection (3) or (4); and 12
(b) satisfy any condition about the content of the proposed by-law; 13
and 14
(c) agree to satisfy any other conditions. 15
`45ZP Step 8--make proposed by-law 16
`(1) If the proposed by-law is a model by-law about a matter, the 17
Aboriginal council makes the model by-law if, by resolution, it-- 18
(a) adopts the model by-law; and 19
(b) if there is an existing by-law about the matter that is inconsistent 20
with what is adopted--amends or repeals the existing by-law so 21
that there is no inconsistency. 22
`(2) If the proposed by-law is not a model by-law, the council must, by 23
resolution, make-- 24
(a) the advertised proposed by-law; or 25
(b) the amended proposed by-law; or 26
(c) the proposed by-law for which the council received advice from 27
the Minister that it could proceed to this step without satisfying 28
steps 3 to 7. 29
`(3) The council's clerk must certify the required number of copies of 30
the by-law to be the by-law as made by the council under subsection (1) 31
or (2). 32
s 12 34 s 12
Community Services Legislation Amendment Bill 2002
`45ZQ Step 9--give public notice of law 1
`(1) A notice of the making of the by-law must be-- 2
(a) gazetted; and 3
(b) displayed in a conspicuous place in the Aboriginal council's 4
office and the other prominent places in its council area the 5
council considers appropriate. 6
`(2) A notice under subsection (1) must state the following-- 7
(a) the name of the council making the by-law; 8
(b) the name of the by-law; 9
(c) the date of the council's resolution making the by-law; 10
(d) the name of any existing by-law amended or repealed by the new 11
by-law. 12
`(3) The notice also may state the following-- 13
(a) the purposes and general effect of the by-law; 14
(b) that a certified copy of the by-law is open to inspection at the 15
council's office; 16
(c) that a copy of the certified copy of the by-law is available free of 17
charge at the council's office and at the department's offices. 18
`(4) If notice of the making of the by-law is not gazetted within 1 year 19
after the date of the council's resolution making the by-law or the longer 20
period decided by the Minister, the process stated in this division must be 21
used again before the by-law is notified in the gazette. 22
`(5) On the day notice of the making of the by-law is gazetted or as soon 23
as practicable after the day, the council must give the Minister-- 24
(a) a copy of the notice; and 25
(b) the required number of certified copies of the by-law. 26
`Division 4--Process for making subordinate by-laws 27
`45ZR Subordinate by-law process 28
`(1) The process stated in this division must be used to make a 29
subordinate by-law. 30
s 12 35 s 12
Community Services Legislation Amendment Bill 2002
`(2) If an Aboriginal council purports to make a subordinate by-law in 1
contravention of subsection (1), the purported subordinate by-law is of no 2
effect. 3
`45ZS Step 1--propose a subordinate by-law 4
`Before making a subordinate by-law, the Aboriginal council must, by 5
resolution, propose to make a subordinate by-law. 6
`45ZT Step 2--consultation about proposed subordinate by-law 7
`(1) The Aboriginal council must consult with residents of its council 8
area about the proposed subordinate by-law for at least 14 days (the 9
"consultation period"). 10
`(2) However, a longer consultation period may be prescribed under a 11
regulation. 12
`(3) The consultation period begins on the day when the notice 13
mentioned in subsection (4) is first published. 14
`(4) A notice about the proposed subordinate by-law must be-- 15
(a) published at least once in a newspaper, newsletter or other 16
publication circulating generally in its council area; and 17
(b) displayed in a conspicuous place in the following places from the 18
first day of the consultation period until the end of the last day of 19
the consultation period-- 20
(i) the council's office; 21
(ii) another prominent place in its council area. 22
`(5) The notice must state the following-- 23
(a) the council's name; 24
(b) the name of the proposed subordinate by-law; 25
(c) the name of-- 26
(i) the by-law allowing the subordinate by-law to be made; or 27
(ii) if this step is used under section 45ZY--the proposed 28
authorising law; 29
(d) the purposes and general effect of the proposed subordinate 30
by-law; 31
s 12 36 s 12
Community Services Legislation Amendment Bill 2002
(e) the length of the consultation period and the first and last days of 1
the period; 2
(f) that a copy of the proposed subordinate by-law is open to 3
inspection, or available, free of charge at the council's office until 4
the end of the last day of the period; 5
(g) that written submissions by any person supporting or objecting to 6
the proposed subordinate by-law may be made and given to the 7
council on or before the last day stating-- 8
(i) the grounds of the submission; and 9
(ii) the facts and circumstances relied on in support of the 10
grounds. 11
`(6) Also, for a notice published under subsection (4)(a), the notice must 12
state that a copy of the proposed subordinate by-law is open to inspection, 13
or available, free of charge at the council's office until the end of the last 14
day of the period. 15
`(7) A copy of the proposed subordinate by-law must be attached to a 16
notice displayed under subsection (4)(b). 17
`(8) The council may also consult with residents of its council area about 18
the proposed subordinate by-law in any way it considers appropriate. 19
`(9) If an open meeting is held under subsection (8), the council's clerk 20
must keep minutes of the meeting. 21
`45ZU Step 3--give access to proposed subordinate by-law 22
`On the first day of the consultation period and until the end of the last 23
day of the consultation period a copy of the proposed subordinate by-law 24
must be open to inspection, and be available, free of charge at the 25
Aboriginal council's office. 26
`45ZV Step 4--accept and consider all submissions 27
`(1) The Aboriginal council must consider every submission properly 28
made to it. 29
`(2) A submission is properly made to the council if it-- 30
(a) is the written submission of any person about the proposed 31
subordinate by-law; and 32
s 12 37 s 12
Community Services Legislation Amendment Bill 2002
(b) is given to the council on or before the last day of the 1
consultation period. 2
`(3) Also, a submission is properly made to the council if it is made at a 3
meeting held under section 45ZT(8) and recorded in the minutes of the 4
meeting. 5
`45ZW Step 5--make proposed subordinate by-law 6
`(1) If, after considering every submission properly made to it, the 7
Aboriginal council decides to make the proposed subordinate by-law, 8
whether as advertised or with amendments, it must, by resolution, make the 9
subordinate by-law. 10
`(2) However, the council may substantially amend the proposed 11
subordinate by-law only if the council again consults with residents of its 12
council area under section 45ZT and complies with steps 3 and 4. 13
`(3) The council's clerk must certify the required number of copies of 14
the subordinate by-law to be the subordinate by-law as made by the 15
council. 16
`45ZX Step 6--give public notice of subordinate by-law 17
`(1) A notice of the making of the subordinate by-law must be-- 18
(a) gazetted; and 19
(b) displayed in a conspicuous place in the Aboriginal council's 20
office and the other prominent places in its council area the 21
council considers appropriate. 22
`(2) A notice under subsection (1) must state the following-- 23
(a) the name of the council making the subordinate by-law; 24
(b) the name of the subordinate by-law; 25
(c) the date of the council's resolution making the subordinate 26
by-law; 27
(d) the name of any existing subordinate by-law amended or 28
repealed by the new subordinate by-law. 29
`(3) The notice also may state-- 30
(a) the name of the by-law allowing the subordinate by-law to be 31
made; or 32
s 12 38 s 12
Community Services Legislation Amendment Bill 2002
(b) the purposes and general effect of the subordinate by-law. 1
`(4) On the day notice of the making of the subordinate by-law is 2
gazetted or as soon as practicable after the day, the council must give the 3
Minister-- 4
(a) a copy of the notice; and 5
(b) the required number of certified copies of the subordinate 6
by-law; and 7
(c) a drafting certificate for the subordinate by-law. 8
`45ZY Early start for subordinate by-law making process 9
`(1) The purpose of this section is to permit an Aboriginal council to start 10
the process for making a subordinate by-law even though the process for 11
making the by-law on which the subordinate by-law is to be based 12
(the "proposed authorising law") has not finished. 13
`(2) A council may use steps 1 to 5 of the process for making the 14
subordinate by-law, other than actually making the subordinate by-law, 15
before the proposed authorising by-law is made if-- 16
(a) in making the proposed authorising law, the council has to satisfy 17
steps 3 to 7 of division 3; and 18
(b) the notice about the subordinate by-law under section 45ZT is 19
published no earlier than the notice about the proposed 20
authorising law under section 45ZK is published. 21
`Division 5--Commencement and status of by-laws and subordinate 22
by-laws 23
`45ZZ Commencement of by-laws and subordinate by-laws 24
`(1) A by-law or subordinate by-law commences-- 25
(a) on the day notice of the making of the by-law or subordinate 26
by-law is gazetted; or 27
(b) if a later day or time is fixed in the by-law or subordinate 28
by-law--on that day or at that time. 29
`(2) If notice of the making of the by-law or subordinate by-law is 30
gazetted on a day after the day or time fixed by the by-law or subordinate 31
s 12 39 s 12
Community Services Legislation Amendment Bill 2002
by-law for its commencement, the by-law or subordinate by-law is valid, 1
but commences on the day on which it is notified. 2
`45ZZA Effect of by-laws 3
`On commencement, a by-law made by an Aboriginal council has the 4
force of law. 5
`45ZZB Extent to which subordinate by-law is binding 6
`(1) An Aboriginal council's subordinate by-law is binding on the 7
council. 8
`(2) An Aboriginal council's subordinate by-law on a matter is binding 9
on anyone else to the extent stated in the by-law stating the matter about 10
which the subordinate by-law may be made. 11
`45ZZC When subordinate by-laws cease to have effect 12
`(1) This section applies if-- 13
(a) a by-law or provision of a by-law states a matter about which a 14
subordinate by-law may be made; and 15
(b) a subordinate by-law is made about the matter; and 16
(c) the by-law is repealed or the provision is omitted. 17
`(2) To remove any doubt, it is declared that the subordinate by-law 18
ceases to have effect on the repeal or omission. 19
`45ZZD Proof of by-laws and subordinate by-laws 20
`(1) In a proceeding, a certified copy of a by-law or subordinate by-law 21
is evidence of the content of the by-law or subordinate by-law. 22
`(2) All courts, judges and persons acting judicially must take judicial 23
notice of a certified copy of a by-law or subordinate by-law. 24
`(3) In a proceeding, a copy of the gazette, newspaper, newsletter or 25
other publication containing a notice about the making of a by-law or 26
subordinate by-law is-- 27
(a) evidence of the matters stated in the notice; and 28
s 13 40 s 14
Community Services Legislation Amendment Bill 2002
(b) evidence that the by-law or subordinate by-law has been properly 1
made. 2
`45ZZE By-law and subordinate by-law presumed to be within power 3
`In a proceeding, the competence of an Aboriginal council to make a 4
particular by-law or subordinate by-law is presumed unless the issue is 5
raised.'. 6
13 Amendment of s 81 (Evidentiary aids)
Clause 7
Section 81-- 8
insert-- 9
`(2) Subsections (3) and (4) apply to a proceeding for an offence against 10
section 45T(1).7 11
`(3) A statement in the complaint for the offence that fluid was in a 12
container of a type that usually holds alcohol is evidence that the fluid was 13
alcohol. 14
`(4) A certificate purporting to be signed by an analyst stating the results 15
of an analysis of a fluid is evidence of the results of the analysis. 16
`(5) In this section-- 17
"analyst" see the Health Act 1937, section 5(1). '. 8
18
14 Insertion of new s 81A
Clause 19
After section 81-- 20
insert-- 21
`81A Approved forms 22
`The chief executive may approve forms for use under this Act.'. 23
7 Section 45T (Possession or consumption of alcohol in or on dry place)
8 Health Act 1937, section 5(1)--
"analyst", other than for a relevant provision or part 4A, means a person appointed
under section 27 as a State analyst or a person holding accreditation of a kind
prescribed under a regulation.
s 15 41 s 16
Community Services Legislation Amendment Bill 2002
15 Amendment of s 82 (Regulations)
Clause 1
(1) Section 82, heading-- 2
omit, insert-- 3
`82 Regulation-making power'. 4
(2) Section 82(t)-- 5
omit, insert-- 6
`(t) the business and conduct of meetings of Aboriginal councils or 7
community justice groups, including, for example, about the 8
following-- 9
(i) the times and places of meetings; 10
(ii) the quorum for meetings; 11
(iii) the presiding member at meetings; 12
(iv) the disclosure of a member's interest before meetings; and'. 13
16 Insertion of new pt 10, div 2
Clause 14
After section 85-- 15
insert-- 16
`Division 2--Transitional provision for Community Services Legislation 17
Amendment Act 2002 18
`85A Transitional provision for process for making by-laws 19
`(1) This section applies if-- 20
(a) before the commencement of this section, an Aboriginal council 21
had, under section 26, started the process of making a by-law 22
under the section; and 23
(b) immediately before the commencement, the process for making 24
the by-law had not finished. 25
`(2) Despite their repeal, sections 26 and 27 continue to apply to the 26
making of the by-law as if they had not been repealed.'. 27
s 17 42 s 19
Community Services Legislation Amendment Bill 2002
17 Insertion of new pt 12
Clause 1
After section 86-- 2
insert-- 3
`PART 12--PROVISION FOR REPRINTING ACT 4
`87 Numbering and renumbering of Act 5
`In the next reprint of this Act produced under the Reprints Act 1992, the 6
provisions of this Act must be numbered and renumbered as permitted by 7
the Reprints Act 1992, section 43.'. 8
PART 3--AMENDMENT OF COMMUNITY SERVICES 9
(TORRES STRAIT) ACT 1984 10
18 Act amended in pt 3 and schedule
Clause 11
(1) This part amends the Community Services (Torres Strait) Act 1984. 12
(2) The schedule also includes amendments of the Community Services 13
(Torres Strait) Act 1984. 14
19 Amendment of s 6 (Definitions)
Clause 15
Section 6-- 16
insert-- 17
` "advertised proposed by-law", for part 3C, see section 43ZN(a). 18
s 19 43 s 19
Community Services Legislation Amendment Bill 2002
"alcohol" has the same meaning as "liquor" in the Liquor Act 1992.9 1
"amended proposed by-law", for part 3C, see section 43ZN(b). 2
"appealable decision", for part 3B, see section 43L. 3
"approved form" means a form approved under section 80A. 4
"canteen" see the Indigenous Communities Liquor Licences Act 2002, 5
schedule. 6
"certified copy", for part 3C, see section 43ZE. 7
"closing day for objections and submissions", for part 3B, see 8
section 43N(2). 9
"community justice group" means a community justice group established 10
under part 3A for a council area. 11
"consultation period", for part 3C, see section 43ZK(1) or 43ZT(1). 12
"coordinator", for a community justice group, means the person 13
appointed under section 43G by the group to perform the functions of 14
coordinator for the group. 15
"drafting certificate", for part 3C, see section 43ZE. 16
"dry place", for part 3B, see section 43L. 17
"entity", for part 3B, see section 43L. 18
"Island police officer" means a person appointed under section 37 as an 19
Island police officer for a council area. 20
"liquor provisions" means-- 21
(a) section 43T; and 22
9 The Liquor Act 1992, section 4B--
4B Meaning of "liquor"
(1) "Liquor" is a spiritous or fermented fluid of an intoxicating nature intended
for human consumption.
(2) "Liquor" also includes any other substance intended for human consumption
in which the level of ethyl alcohol (ethanol) is more than 5 mL/L (0.5%) at 20șC.
(3) However, "liquor" does not include a fluid, that would otherwise be liquor, if
it is used merely as a preservative or medium in which fruit is offered for sale to the
public in sealed containers and with the contents visible.
s 20 44 s 20
Community Services Legislation Amendment Bill 2002
(b) the Liquor Act 1992, sections 168B, 169 and 171.10 1
"member", for parts 3A and 3B, means a member of a community justice 2
group. 3
"model by-law", for part 3C, see section 43ZF(1). 4
"police officer in charge", for a council area, means the police officer in 5
charge of the police station in the area or, if there is no police station 6
in the area, the police officer in charge of the nearest police station. 7
"possess", for part 3B, see section 43L. 8
"proposed authorising law", for part 3C, see section 43ZY(1). 9
"proposed by-law", for part 3C, see section 43ZI(1) or (2). 10
"private place", for part 3B, see section 43L. 11
"public place", for part 3B, see section 43L. 12
"required number", for part 3C, see section 43ZE. 13
"State interest", for a by-law or subordinate by-law, a provision of a 14
by-law or subordinate by-law, or a provision of a proposed by-law or 15
subordinate by-law, means-- 16
(a) an interest that affects an economic, social or environmental 17
interest of the State or a region; or 18
(b) an interest in ensuring there is an efficient, effective and 19
accountable system of local government in the council area to 20
which the law relates; or 21
(c) an interest prescribed under a regulation. 22
"subordinate by-law", for part 3C, see section 43ZG.'. 23
20 Amendment of s 13D (Overruling by-laws)
Clause 24
Section 13D(3)-- 25
omit. 26
10 Section 43T (Possession or consumption of alcohol in or on dry place) and the
Liquor Act 1992, sections 168B (Prohibition of possession of liquor in restricted
area), 169 (Authority required for sale) and 171 (Carrying or exposing liquor for
sale)
s 21 45 s 23
Community Services Legislation Amendment Bill 2002
21 Amendment of s 23 (Functions of Island councils)
Clause 1
Section 23(2A)-- 2
omit, insert-- 3
`(2A) Without limiting the functions and powers of an Island council, a 4
council may make by-laws-- 5
(a) not inconsistent with part 3B, for the purpose of regulating and 6
controlling the possession or consumption of alcohol in its 7
council area; or 8
(b) conferring functions on the community justice group for its 9
council area.'. 10
22 Omission of ss 24 and 25
Clause 11
Sections 24 and 25-- 12
omit. 13
23 Insertion of new s 30AA
Clause 14
After section 30-- 15
insert-- 16
`30AA Special accounting provision for particular payments 17
`(1) An Island council must keep separate accounting records for 18
payments made to it under the Indigenous Communities Liquor Licences 19
Act 2002, section 9. 20
`(2) The council must ensure the amounts paid to it are used only for-- 21
(a) funding programs or services for the benefit of residents of its 22
council area; or 23
(b) if an implementation regulation under the Indigenous 24
Communities Liquor Licences Act 2002, section 34, states this 25
paragraph applies--for making a payment relating to the 26
council's liabilities stated in the regulation.'. 27
s 24 46 s 25
Community Services Legislation Amendment Bill 2002
24 Amendment of s 38 (Discharge of Island police function)
Clause 1
Section 38-- 2
insert-- 3
`(1A) Also, for the administration and enforcement of the liquor 4
provisions in a council area, the police officer in charge for the area may 5
authorise an Island police officer to exercise in the area the powers of-- 6
(a) an investigator under the Liquor Act, 1992, part 7;11 or 7
(b) a police officer under the Police Powers and Responsibilities Act 8
2000, sections 51 to 53.12 9
`(1B) For subsection (1A)(b), the Police Powers and Responsibilities Act 10
2000, sections 51 to 53, apply as if a reference in the sections to a police 11
officer were a reference to an Island police officer.'. 12
25 Insertion of new pt 3A
Clause 13
After section 43B-- 14
insert-- 15
`PART 3A--COMMUNITY JUSTICE GROUPS 16
`Division 1--Establishment, functions and powers 17
`43C Establishment 18
`(1) A community justice group for a council area may be established 19
under a regulation. 20
`(2) The regulation must state the group's name. 21
11 For exercise of powers by Island police officers under the Liquor Act 1992, part 7,
see section 174A of that Act.
12 Police Powers and Responsibilities Act 2000, sections 51 (Stopping vehicles for
prescribed purposes), 52 (Power to require vehicles to be moved) and 53
(Requirement to remain at a place)
s 25 47 s 25
Community Services Legislation Amendment Bill 2002
`43D Functions and powers 1
The functions of the community justice group for a council area are 2
`(1)
to-- 3
(a) regulate the possession and consumption of alcohol in the area 4
under part 3B, division 2; and 5
(b) carry out local strategies to address justice issues affecting 6
members of the community in the area; and 7
(c) make recommendations to the community liquor licence board 8
established under the Indigenous Communities Liquor Licences 9
Act 2002, part 2, division 1, for the area about the operation of 10
the canteen in the area;13 and 11
(d) make recommendations to the Minister administering the Liquor 12
Act 1992, part 6A, about declarations under that part; and 13
(e) carry out other functions given to it under this or another Act. 14
15
Example for subsection (1)(c)--
16
The group may make a recommendation about the days and hours of operation of the
17
canteen or the availability of takeaway alcohol.
`(2) To remove any doubt, it is declared that the group may not make 18
recommendations about the employment of canteen staff, including, for 19
example, the appointment of the canteen manager. 20
The group has power to do all things reasonably necessary to be 21
`(3)
done for performing its functions. 22
`(4) Without limiting subsection (3), the group has the powers conferred 23
on it by this or another Act. 24
`Division 2--Provisions about membership of groups and group 25
coordinators 26
`43E Membership 27
`(1) The community justice group for a council area comprises the 28
number of members prescribed under a regulation. 29
13 See Indigenous Communities Liquor Licences Act 2002, section 8 (Board to
implement recommendations of community justice group).
s 25 48 s 25
Community Services Legislation Amendment Bill 2002
`(2) A regulation may make provision about the following-- 1
(a) eligibility of persons to be members; 2
(b) nomination of persons as members; 3
(c) terms on which, and period, a member holds office. 4
`(3) However, members must include at least 1 representative of each of 5
the main indigenous social groupings in the area. 6
`(4) Members must be of good standing in the community. 7
`(5) In this section-- 8
"indigenous social grouping" means a group of indigenous persons 9
sharing a common basis of social affiliation, including family 10
relationship, language, traditional land ownership and historical 11
association. 12
`43F Criminal history checks 13
`(1) A regulation may provide for the disclosure by the commissioner of 14
the police service to a stated entity of a person's criminal history for 15
deciding whether the person is suitable to be nominated as a member. 16
`(2) The entity must-- 17
(a) not use the information for any purpose other than for the 18
purpose mentioned in subsection (1); and 19
(b) as soon as practicable after the information is no longer needed 20
for the purpose, destroy it. 21
`(3) In this section-- 22
"criminal history", of a person, means the convictions, other than spent 23
convictions, recorded against the person for offences, in Queensland 24
or elsewhere, whether before or after the commencement of this 25
section. 26
"spent conviction" means a conviction-- 27
(a) for which the rehabilitation period under the Criminal Law 28
(Rehabilitation of Offenders) Act 1986 has expired under that 29
Act; and 30
(b) that is not revived as prescribed by section 11 of that Act. 31
s 25 49 s 25
Community Services Legislation Amendment Bill 2002
`43G Coordinator 1
`(1) The community justice group for a council area must appoint a 2
coordinator for the group. 3
`(2) A regulation may make provision about the eligibility of a person to 4
be appointed as coordinator. 5
`(3) The coordinator's functions are to-- 6
(a) provide administrative support to the group; and 7
8
Example for paragraph (a)--
9
Ensuring notice requirements under part 3B, division 2, are met.
(b) attend meetings of the group to advise it on any issue before it; 10
and 11
(c) ensure minutes of the group's meetings are kept; and 12
(d) ensure the reporting requirements under section 43J are complied 13
with. 14
`Division 3--Miscellaneous provisions 15
`43H Authentication of documents 16
`A document made by the community justice group for a council area is 17
sufficiently made if it is signed by the coordinator for the group. 18
`43I Protection of members from civil liability 19
`(1) A member is not civilly liable to someone for an act done, or 20
omission made, honestly and without negligence under this Act. 21
`(2) If subsection (1) prevents a civil liability attaching to the member, 22
the liability attaches instead to the State. 23
`43J Reporting requirements 24
`(1) Within 90 days after the end of each reporting period, a community 25
justice group must prepare a report on its activities for the period and give 26
the report to the chief executive. 27
`(2) The report must be in the approved form. 28
s 26 50 s 26
Community Services Legislation Amendment Bill 2002
`(3) In this section-- 1
"reporting period" means-- 2
(a) the period prescribed under a regulation; or 3
(b) if a period is not prescribed under paragraph (a)--each quarter of 4
a financial year.'. 5
26 Insertion of new pt 3B
Clause 6
After part 3A, as inserted by section 25-- 7
insert-- 8
`PART 3B--CONTROL OF POSSESSION AND 9
CONSUMPTION OF ALCOHOL IN COUNCIL AREAS 10
`Division 1--Preliminary 11
`43K Purpose of pt 3B 12
`(1) The purpose of this part is to prevent harm in council areas caused 13
by alcohol abuse and misuse and associated violence. 14
`(2) The purpose is to be achieved by providing for the declaration of 15
places in council areas in which the possession and consumption of alcohol 16
is prohibited. 17
`43L Definitions for pt 3B 18
`In this part-- 19
"appealable decision" means a community justice group's decision-- 20
(a) to declare, or not to declare, a place as a dry place; or 21
(b) to amend or revoke the declaration of a place as a dry place; or 22
(c) to suspend, or not to suspend, the declaration of a place as a dry 23
place. 24
"closing day for objections and submissions" see section 43N(2). 25
"dry place" means a place declared under division 2 as a dry place. 26
"entity" includes-- 27
s 26 51 s 26
Community Services Legislation Amendment Bill 2002
(a) a department; and 1
(b) a division, branch or other part of a department. 2
"possess" alcohol includes-- 3
(a) have custody or control of the alcohol; and 4
(b) have an ability or right to obtain custody or control of the 5
alcohol. 6
"private place" means-- 7
(a) a place occupied by a person, a group of persons, or an entity 8
other than the State or an Island council; or 9
(b) a place to which a person or group of persons have the authority 10
to control access under Island custom. 11
"public place" means a place that is not a private place. 12
`Division 2--Dry places 13
`43M Declaration 14
`(1) The community justice group for a council area may-- 15
(a) on its own initiative or on written application by the Island 16
council for the area or the chief executive of a department-- 17
(i) declare a public place in the area as a dry place; or 18
(ii) amend or revoke a declaration made by it under 19
subparagraph (i); or 20
(b) on written or personal application by the occupier of a private 21
place in the area, or a person or group of persons with authority 22
to control access to the place under Island custom-- 23
(i) declare the place as a dry place; or 24
(ii) amend or revoke a declaration made by it under 25
subparagraph (i). 26
`(2) The community justice group may invite an application about a 27
particular private place. 28
`(3) The group must consider the application as soon as reasonably 29
practicable. 30
s 26 52 s 26
Community Services Legislation Amendment Bill 2002
`(4) A declaration may be for the limited time stated in it, or without 1
limit of time, and may state reasonable conditions to which it is subject. 2
`(5) The group may also, on its own initiative, revoke a declaration made 3
under subsection (1)(b) if it is satisfied it is necessary to revoke the 4
declaration because the occupier of the place, or a person or group with 5
authority to control access to the place under Island custom, has acted in a 6
way that is contrary to the effect of, or hinders the enforcement of, the 7
declaration. 8
`(6) The group must ensure a person or group of persons who wish to 9
make a written application under subsection (1)(b) are given help to make 10
the application. 11
`43N Notice of proposal 12
`(1) Before deciding whether to declare a place as a dry place, the 13
community justice group for a council area must display written notice of 14
the proposal-- 15
(a) in at least 1 prominent place in the area; and 16
(b) if it considers it practicable, at the place. 17
`(2) The notice must-- 18
(a) sufficiently identify the place; and 19
(b) state the right of a person to object or make a supporting 20
submission; and 21
(c) state the day (the "closing day for objections and 22
submissions") on or before which-- 23
(i) a written objection or supporting submission must be made; 24
or 25
(ii) a written notice that a person wishes to object or make a 26
supporting submission in person to the group, must be 27
given; and 28
(d) state the objection, submission or notice must be made or given 29
to the coordinator for the group; and 30
(e) if the proposed declaration is for a limited time--state that fact 31
and the period proposed. 32
`(3) The notice must be displayed for at least 14 days immediately 33
before the closing day for objections and submissions. 34
s 26 53 s 26
Community Services Legislation Amendment Bill 2002
`(4) In addition to displaying written notice of the proposal as required 1
by this section, the group may consult with members of the community 2
resident in the area in any way it considers appropriate. 3
`(5) This section applies to the amendment or revocation of a declaration 4
of a place as a dry place in the same way as it applies to the making of the 5
declaration. 6
`43O Objections and supporting submissions 7
`(1) A person whose interests will be affected by the declaration of a 8
public place as a dry place may object to or support the proposal to make 9
the declaration. 10
`(2) A proposed declaration of a private place as a dry place may be 11
objected to or supported by-- 12
(a) a person or group of persons with the authority to control access 13
to the place or a neighbouring place under Island custom; or 14
(b) the occupier of, or a person or group who use, the place or a 15
neighbouring place. 16
`(3) The objection or supporting submission must be made-- 17
(a) in writing to the coordinator for the community justice group for 18
the council area in which the place is located on or before the 19
closing day for objections and submissions; or 20
(b) if the objector or supporter tells the coordinator for the group, on 21
or before that day, that he or she wishes to appear before the 22
group to make a submission--personally to the group. 23
`(4) The group must consider all written objections and supporting 24
submissions made on or before the closing day for objections and 25
submissions. 26
`(5) If the group gives a person mentioned in subsection (3)(b) a 27
reasonable opportunity to appear before it and put the objection or 28
supporting submission but the person fails to appear, the person loses the 29
right to have the objection or supporting submission considered by the 30
group. 31
`(6) A fee is not payable by an objector or supporter. 32
`(7) This section applies to the amendment or revocation of a declaration 33
of a place as a dry place in the same way as it applies to the making of the 34
declaration. 35
s 26 54 s 26
Community Services Legislation Amendment Bill 2002
`43P Notice about declaration 1
`(1) The community justice group for a council area must display written 2
notice of the declaration of a place as a dry place in at least 1 prominent 3
place in the area for as long as the declaration is in force. 4
`(2) The notice must-- 5
(a) sufficiently identify the place; and 6
(b) state that the declaration takes effect on the day on which the 7
declaration is displayed; and 8
(c) if the declaration is for a limited time--state that fact and the 9
period of the declaration; and 10
(d) state the provisions of section 43T. 11
`(3) This section applies to the amendment or revocation of the 12
declaration of a place as a dry place in the same way as it applies to the 13
making of the declaration. 14
`(4) However, notice of the revocation must be displayed for at least 15
1 month and need not state the provisions of section 43T. 16
`43Q Suspension of declaration 17
`(1) The community justice group for a council area may, on written 18
application by any person, suspend the declaration of a public place in the 19
area as a dry place for a period of not more than 7 days. 20
`(2) The application must state the purpose and period of the suspension 21
sought. 22
`(3) The group must consider the application as soon as reasonably 23
practicable. 24
`(4) The group may suspend the declaration only if it is satisfied it is in 25
the best interests of the residents of the area to do so. 26
`(5) The suspension may apply for all alcohol or a particular type of 27
alcohol. 28
`(6) Also, the suspension may state reasonable conditions to which it is 29
subject. 30
`(7) Sections 43N to 43P apply, with all necessary changes, to the 31
suspension of a declaration of a place as a dry place as if it were a proposal 32
to declare a place as a dry place. 33
s 26 55 s 26
Community Services Legislation Amendment Bill 2002
`(8) However, notice of the suspension displayed under section 43P need 1
not state the provisions of section 43T. 2
`43R Effect of declaration of dry place 3
`(1) This section applies if-- 4
(a) under this division, a place is declared as a dry place (the "dry 5
place declaration"); and 6
(b) the place is in a restricted area under the Liquor Act 1992 to 7
which section 168B of that Act applies because of a declaration 8
under section 173H of that Act (the "restricted area 9
declaration"). 10
`(2) The dry place declaration applies to the place despite the restricted 11
area declaration. 12
`Division 3--Offences 13
`43S Obstructing members 14
`(1) A person must not obstruct or improperly influence a member in 15
performing the member's functions under this Act. 16
Maximum penalty--200 penalty units. 17
`(2) In this section-- 18
"influence" includes attempt to influence. 19
"obstruct" includes hinder, resist and attempt to obstruct. 20
`43T Possession or consumption of alcohol in or on dry place 21
`(1) A person must not, in or on a dry place, possess or consume alcohol. 22
Maximum penalty--250 penalty units. 23
`(2) A person must not, in or on a dry place, be drunk. 24
Maximum penalty--25 penalty units. 25
s 26 56 s 26
Community Services Legislation Amendment Bill 2002
`43U False or misleading statements 1
`(1) A person must not state anything to a community justice group that 2
the person knows is false or misleading in a material particular. 3
Maximum penalty--60 penalty units. 4
`(2) In a proceeding for an offence against subsection (1), it is enough to 5
state that the statement made was, without specifying which, false or 6
misleading. 7
`43V False or misleading documents 8
`(1) A person must not give a community justice group a document 9
containing information the person knows is false or misleading in a 10
material particular. 11
Maximum penalty--60 penalty units. 12
`(2) Subsection (1) does not apply to a person if the person, when giving 13
the document-- 14
(a) tells the group, to the best of the person's ability, how it is false or 15
misleading; and 16
(b) if the person has, or can reasonably obtain, the correct 17
information--gives the correct information. 18
`(3) In a proceeding for an offence against subsection (1), it is enough to 19
state that the document was, without specifying which, false or misleading. 20
`Division 4--Appeals 21
`43W Who may appeal 22
`A person whose interests are affected by an appealable decision may 23
appeal against the decision to a Magistrates Court. 24
`43X How to start appeal 25
`(1) An appeal is started by-- 26
(a) filing notice of appeal with the clerk of the court of a Magistrates 27
Court in, or nearest to, the council area to which the decision 28
relates; and 29
s 26 57 s 26
Community Services Legislation Amendment Bill 2002
(b) giving a copy of the notice to the community justice group that 1
made the appealable decision within 7 days after the notice is 2
filed. 3
`(2) The notice of appeal must be filed within 28 days after the appellant 4
becomes aware of the decision. 5
`(3) The court may at any time extend the period for filing the notice of 6
appeal. 7
`(4) The notice of appeal must state fully the grounds of the appeal and 8
the facts relied on. 9
`43Y Stay of operation of decisions 10
`(1) The Magistrates Court may grant a stay of the appealable decision to 11
secure the effectiveness of the appeal. 12
`(2) The stay-- 13
(a) may be given on the conditions the court considers appropriate; 14
and 15
(b) operates for the period fixed by the court; and 16
(c) may be revoked or amended by the court. 17
`(3) The period of the stay must not extend past the time when the court 18
decides the appeal. 19
`(4) The appeal affects the appealable decision, or carrying out of the 20
decision, only if the decision is stayed. 21
`43Z Powers of Magistrates Court 22
`(1) In deciding the appeal, the Magistrates Court-- 23
(a) has the same powers as the community justice group; and 24
(b) is not bound by the rules of evidence; and 25
(c) must comply with natural justice. 26
`(2) The appeal is by way of rehearing unaffected by the decision 27
appealed against on the material before the group and any further evidence 28
allowed by the court. 29
`(3) The court may-- 30
(a) confirm the appealable decision; or 31
s 26 58 s 26
Community Services Legislation Amendment Bill 2002
(b) set aside the decision and substitute another decision; or 1
(c) set aside the decision and return the issue to the group with the 2
directions the court considers appropriate. 3
`43ZA Constitution of Magistrates Court 4
`The Magistrates Court must be constituted by a magistrate when 5
exercising its jurisdiction to decide the appeal. 6
`43ZB Effect of Magistrates Court's decision 7
`If the Magistrates Court substitutes another decision, the substituted 8
decision is, for this part (other than this division), taken to be the 9
community justice group's decision. 10
`43ZC Appeal to District Court 11
`An appeal to the District Court from a decision of a Magistrates Court 12
may be made only on a question of law. 13
`Division 5--Miscellaneous provision 14
`43ZD Making applications 15
`(1) An application under this part must be made to the coordinator for 16
the community justice group for the council area to which the application 17
relates. 18
`(2) A fee is not payable for an application-- 19
(a) to have a place declared as a dry place; or 20
(b) to have the declaration amended, revoked or suspended.'. 21
s 27 59 s 27
Community Services Legislation Amendment Bill 2002
27 Insertion of new pt 3C
Clause 1
After part 3B, as inserted by section 26-- 2
insert-- 3
`PART 3C--PROVISIONS ABOUT MAKING BY-LAWS 4
AND SUBORDINATE BY-LAWS 5
`Division 1--Preliminary 6
`43ZE Definitions for pt 3C 7
`In this part-- 8
"advertised proposed by-law" see section 43ZN(a). 9
"amended proposed by-law" see section 43ZN(b). 10
"certified copy", of an Island council's by-law or subordinate local law, 11
means a copy of the by-law or subordinate local law certified by the 12
council's clerk to be the by-law or subordinate by-law as made by the 13
council. 14
"consultation period" means-- 15
(a) for a proposed by-law--the period mentioned in 16
section 43ZK(1); or 17
(b) for a proposed subordinate by-law--the period mentioned in 18
section 43ZT(1). 19
"drafting certificate", for a proposed by-law or subordinate by-law, 20
means a certificate signed by the relevant Island council's clerk and a 21
lawyer stating-- 22
(a) the law is drafted in sufficient accordance with drafting standards 23
prescribed under a regulation for the law; and 24
(b) if section 66(2)14 applies to the proposed law--the subsection has 25
been complied with and all interested persons under the 26
subsection located by the council have given written consent to 27
the making of the law. 28
"model by-law" see section 43ZF(1). 29
14 Section 66 (Power of Island council to regulate presence in area)
s 27 60 s 27
Community Services Legislation Amendment Bill 2002
"proposed authorising law" see section 43ZY(1). 1
"proposed by-law" see section 43ZI(1) or (2). 2
"required number" means the number decided by the Minister. 3
"subordinate by-law" see section 43ZG. 4
`Division 2--Publishing model by-laws and power to make subordinate 5
by-laws 6
`43ZF Minister may publish model by-laws 7
`(1) The Minister may prepare and publish in the gazette a by-law (a 8
"model by-law") about a matter within the functions of an Island council 9
as suitable for adoption by Island councils as a by-law. 10
`(2) Also, the Minister must publish a notice in the gazette stating 11
whether steps 3 to 7 of division 3 apply for making the model by-law. 12
`(3) However, steps 3 to 7 of division 3 may be applied for making the 13
model by-law only if the Minister is satisfied the consultation process 14
under the steps would serve a useful purpose. 15
`43ZG Power to make subordinate by-laws 16
`An Island council may make a law (a "subordinate by-law") about a 17
matter that a by-law expressly states that the council may make about the 18
matter. 19
`Division 3--Process for making by-laws 20
`43ZH By-law process 21
`(1) Subject to subsection (2), the process stated in this division must be 22
used to make a by-law. 23
`(2) Steps 3 to 7 apply to the making of a model by-law only if the steps 24
apply to the making of the model by-law under a notice published under 25
section 43ZF(2). 26
`(3) If an Island council purports to make a by-law in contravention of 27
this section, the purported law is of no effect. 28
s 27 61 s 27
Community Services Legislation Amendment Bill 2002
`43ZI Step 1--propose a by-law 1
`(1) Before making a model by-law, an Island council must, by 2
resolution, propose to adopt the model by-law (the "proposed by-law"). 3
`(2) Before making another by-law, an Island council must, by 4
resolution, propose to make the by-law (also the "proposed by-law"). 5
`43ZJ Step 2--ensure proposed by-law satisfactorily deals with 6
any State interest 7
`(1) This section does not apply if the proposed by-law is a model 8
by-law. 9
`(2) The Island council must give the Minister the following-- 10
(a) a copy of the proposed by-law; 11
(b) a drafting certificate for the proposed by-law; 12
(c) information about the proposed by-law required by the Minister 13
or under a regulation. 14
`(3) The Minister must advise the council that it may proceed further in 15
making the law if the Minister considers-- 16
(a) State interests are satisfactorily dealt with by the proposed 17
by-law; and 18
(b) the proposed by-law is drafted substantially in accordance with 19
drafting standards prescribed under a regulation. 20
`(4) Alternatively, if the Minister considers the matters mentioned in 21
subsection (3) would be satisfactorily dealt with by the proposed by-law if 22
the council satisfied particular conditions, the Minister-- 23
(a) may impose conditions on the council that the Minister considers 24
appropriate; and 25
(b) must advise the council that it may proceed further in making the 26
law if it-- 27
(i) satisfies any conditions about the content of the proposed 28
by-law; and 29
(ii) agrees to satisfy any other conditions. 30
`(5) If the Minister considers the proposed by-law only makes a minor 31
amendment of an existing law (including, for example, the correction of a 32
s 27 62 s 27
Community Services Legislation Amendment Bill 2002
minor error), the advice of the Minister also may state that the council may 1
proceed to step 8 without satisfying steps 3 to 7. 2
`(6) Steps 3 to 7 do not apply if the Minister's advice to the council 3
includes the statement mentioned in subsection (5). 4
`(7) The advice of the Minister also may state that the council may 5
proceed without satisfying step 7 if the council agrees to satisfy particular 6
conditions. 7
`(8) Before proceeding further in making a proposed by-law, the council 8
must-- 9
(a) get an advice under subsection (3) or (4); and 10
(b) satisfy any condition about the content of the proposed by-law; 11
and 12
(c) agree to satisfy any other conditions. 13
`43ZK Step 3--consultation about proposed by-law 14
`(1) The Island council must consult with residents of its council area 15
about the proposed by-law for at least 14 days (the "consultation 16
period"). 17
`(2) However, a longer consultation period may be-- 18
(a) fixed by a condition agreed by the Minister and the council in 19
step 2; or 20
(b) prescribed under a regulation. 21
`(3) The consultation period begins on the day when the notice 22
mentioned in subsection (4) is first published. 23
`(4) A notice about the proposed by-law must be-- 24
(a) published at least once in a newspaper, newsletter or other 25
publication circulating generally in its council area; and 26
(b) displayed in a conspicuous place in the following places from the 27
first day of the consultation period until the end of the last day of 28
the consultation period-- 29
(i) the council's office; 30
(ii) another prominent place in its council area. 31
`(5) The notice must state the following-- 32
s 27 63 s 27
Community Services Legislation Amendment Bill 2002
(a) the council's name; 1
(b) the name of the proposed by-law; 2
(c) the purposes and general effect of the proposed by-law; 3
(d) the length of the consultation period and the first and last days of 4
the period; 5
(e) that written submissions by any person supporting or objecting to 6
the proposed by-law may be made and given to the council on or 7
before the last day stating-- 8
(i) the grounds of the submission; and 9
(ii) the facts and circumstances relied on in support of the 10
grounds. 11
`(6) Also, for a notice published under subsection (4)(a), the notice must 12
state that a copy of the proposed by-law is open to inspection, or available, 13
free of charge at the council's office until the end of the last day of the 14
period. 15
`(7) A copy of the proposed by-law must be attached to a notice 16
displayed under subsection (4)(b). 17
`(8) The council may also consult with residents of its council area about 18
the proposed by-law in any way it considers appropriate. 19
`(9) If an open meeting is held under subsection (8), the council's clerk 20
must keep minutes of the meeting. 21
`43ZL Step 4--give access to proposed by-law 22
`On the first day of the consultation period and until the end of the last 23
day of the consultation period a copy of the proposed by-law must be open 24
to inspection, and be available, free of charge at the Island council's office. 25
`43ZM Step 5--accept and consider all submissions 26
`(1) The Island council must consider every submission properly made 27
to it. 28
`(2) A submission is properly made to the council if it-- 29
(a) is the written submission of any person about the proposed 30
by-law; and 31
s 27 64 s 27
Community Services Legislation Amendment Bill 2002
(b) is given to the council on or before the last day of the 1
consultation period. 2
`(3) Also, a submission is properly made to the council if it is made at a 3
meeting held under section 43ZK(8) and recorded in the minutes of the 4
meeting. 5
`43ZN Step 6--decide whether to proceed with making proposed 6
by-law 7
`After considering every submission properly made to it, the Island 8
council must, by resolution, decide whether to-- 9
(a) proceed with making the proposed by-law as advertised (the 10
"advertised proposed by-law"); or 11
(b) proceed with making the proposed by-law with amendments (the 12
"amended proposed by-law"); or 13
(c) not proceed with making the proposed by-law. 14
`43ZO Step 7--again ensure proposed by-law satisfactorily deals with 15
any State interest 16
`(1) This step does not apply in the following cases-- 17
(a) if the Island council receives an advice under section 43ZJ(5) or 18
(7) and has satisfied any agreed conditions; 19
(b) if the Island council decides to proceed with making the 20
advertised proposed by-law; 21
(c) if the Island council decides not to proceed with the proposed 22
by-law; 23
(d) if a regulation states the step does not apply. 24
`(2) The council must-- 25
(a) advise the Minister of its decision under step 6; and 26
(b) give the Minister information about the proposed by-law 27
required by the Minister or by regulation. 28
`(3) If the Minister considers that State interests are satisfactorily dealt 29
with by the proposed by-law, the Minister must advise the council it may 30
proceed to step 8. 31
s 27 65 s 27
Community Services Legislation Amendment Bill 2002
`(4) Alternatively, if the Minister considers State interests would be 1
satisfactorily dealt with by the proposed by-law if the council satisfied 2
particular conditions, the Minister-- 3
(a) may impose conditions on the council that the Minister considers 4
appropriate; and 5
(b) must advise the council that it may proceed to step 8 if it-- 6
(i) satisfies any conditions about the content of the proposed 7
by-law; and 8
(ii) agrees to satisfy any other conditions. 9
`(5) Before proceeding further in making a proposed by-law, the council 10
must-- 11
(a) get an advice under subsection (3) or (4); and 12
(b) satisfy any condition about the content of the proposed by-law; 13
and 14
(c) agree to satisfy any other conditions. 15
`43ZP Step 8--make proposed by-law 16
`(1) If the proposed by-law is a model by-law about a matter, the Island 17
council makes the model by-law if, by resolution, it-- 18
(a) adopts the model by-law; and 19
(b) if there is an existing by-law about the matter that is inconsistent 20
with what is adopted--amends or repeals the existing by-law so 21
that there is no inconsistency. 22
`(2) If the proposed by-law is not a model by-law, the council must, by 23
resolution, make-- 24
(a) the advertised proposed by-law; or 25
(b) the amended proposed by-law; or 26
(c) the proposed by-law for which the council received advice from 27
the Minister that it could proceed to this step without satisfying 28
steps 3 to 7. 29
`(3) The council's clerk must certify the required number of copies of 30
the by-law to be the by-law as made by the council under subsection (1) 31
or (2). 32
s 27 66 s 27
Community Services Legislation Amendment Bill 2002
`43ZQ Step 9--give public notice of law 1
`(1) A notice of the making of the by-law must be-- 2
(a) gazetted; and 3
(b) displayed in a conspicuous place in the Island council's office 4
and the other prominent places in its council area the council 5
considers appropriate. 6
`(2) A notice under subsection (1) must state the following-- 7
(a) the name of the council making the by-law; 8
(b) the name of the by-law; 9
(c) the date of the council's resolution making the by-law; 10
(d) the name of any existing by-law amended or repealed by the new 11
by-law. 12
`(3) The notice also may state the following-- 13
(a) the purposes and general effect of the by-law; 14
(b) that a certified copy of the by-law is open to inspection at the 15
council's office; 16
(c) that a copy of the certified copy of the by-law is available free of 17
charge at the council's office and at the department's offices. 18
`(4) If notice of the making of the by-law is not gazetted within 1 year 19
after the date of the council's resolution making the by-law or the longer 20
period decided by the Minister, the process stated in this division must be 21
used again before the by-law is notified in the gazette. 22
`(5) On the day notice of the making of the by-law is gazetted or as soon 23
as practicable after the day, the council must give the Minister-- 24
(a) a copy of the notice; and 25
(b) the required number of certified copies of the by-law. 26
`Division 4--Process for making subordinate by-laws 27
`43ZR Subordinate by-law process 28
`(1) The process stated in this division must be used to make a 29
subordinate by-law. 30
s 27 67 s 27
Community Services Legislation Amendment Bill 2002
`(2) If an Island council purports to make a subordinate by-law in 1
contravention of subsection (1), the purported subordinate by-law is of no 2
effect. 3
`43ZS Step 1--propose a subordinate by-law 4
`Before making a subordinate by-law, the Island council must, by 5
resolution, propose to make a subordinate by-law. 6
`43ZT Step 2--consultation about proposed subordinate by-law 7
`(1) The Island council must consult with residents of its council area 8
about the proposed subordinate by-law for at least 14 days (the 9
"consultation period"). 10
`(2) However, a longer consultation period may be prescribed under a 11
regulation. 12
`(3) The consultation period begins on the day when the notice 13
mentioned in subsection (4) is first published. 14
`(4) A notice about the proposed subordinate by-law must be-- 15
(a) published at least once in a newspaper, newsletter or other 16
publication circulating generally in its council area; and 17
(b) displayed in a conspicuous place in the following places from the 18
first day of the consultation period until the end of the last day of 19
the consultation period-- 20
(i) the council's office; 21
(ii) another prominent place in its council area. 22
`(5) The notice must state the following-- 23
(a) the council's name; 24
(b) the name of the proposed subordinate by-law; 25
(c) the name of-- 26
(i) the by-law allowing the subordinate by-law to be made; or 27
(ii) if this step is used under section 43ZY--the proposed 28
authorising law; 29
(d) the purposes and general effect of the proposed subordinate 30
by-law; 31
s 27 68 s 27
Community Services Legislation Amendment Bill 2002
(e) the length of the consultation period and the first and last days of 1
the period; 2
(f) that a copy of the proposed subordinate by-law is open to 3
inspection, or available, free of charge at the council's office until 4
the end of the last day of the period; 5
(g) that written submissions by any person supporting or objecting to 6
the proposed subordinate by-law may be made and given to the 7
council on or before the last day stating-- 8
(i) the grounds of the submission; and 9
(ii) the facts and circumstances relied on in support of the 10
grounds. 11
`(6) Also, for a notice published under subsection (4)(a), the notice must 12
state that a copy of the proposed subordinate by-law is open to inspection, 13
or available, free of charge at the council's office until the end of the last 14
day of the period. 15
`(7) A copy of the proposed subordinate by-law must be attached to a 16
notice displayed under subsection (4)(b). 17
`(8) The council may also consult with residents of its council area about 18
the proposed subordinate by-law in any way it considers appropriate. 19
`(9) If an open meeting is held under subsection (8), the council's clerk 20
must keep minutes of the meeting. 21
`43ZU Step 3--give access to proposed subordinate by-law 22
`On the first day of the consultation period and until the end of the last 23
day of the consultation period a copy of the proposed subordinate by-law 24
must be open to inspection, and be available, free of charge at the Island 25
council's office. 26
`43ZV Step 4--accept and consider all submissions 27
`(1) The Island council must consider every submission properly made 28
to it. 29
`(2) A submission is properly made to the council if it-- 30
(a) is the written submission of any person about the proposed 31
subordinate by-law; and 32
s 27 69 s 27
Community Services Legislation Amendment Bill 2002
(b) is given to the council on or before the last day of the 1
consultation period. 2
`(3) Also, a submission is properly made to the council if it is made at a 3
meeting held under section 43ZT(8) and recorded in the minutes of the 4
meeting. 5
`45ZW Step 5--make proposed subordinate by-law 6
`(1) If, after considering every submission properly made to it, the Island 7
council decides to make the proposed subordinate by-law, whether as 8
advertised or with amendments, it must, by resolution, make the 9
subordinate by-law. 10
`(2) However, the council may substantially amend the proposed 11
subordinate by-law only if the council again consults with residents of its 12
council area under section 43ZT and complies with steps 3 and 4. 13
`(3) The council's clerk must certify the required number of copies of 14
the subordinate by-law to be the subordinate by-law as made by the 15
council. 16
`43ZX Step 6--give public notice of subordinate by-law 17
`(1) A notice of the making of the subordinate by-law must be-- 18
(a) gazetted; and 19
(b) displayed in a conspicuous place in the Island council's office 20
and the other prominent places in its council area the council 21
considers appropriate. 22
`(2) A notice under subsection (1) must state the following-- 23
(a) the name of the council making the subordinate by-law; 24
(b) the name of the subordinate by-law; 25
(c) the date of the council's resolution making the subordinate 26
by-law; 27
(d) the name of any existing subordinate by-law amended or 28
repealed by the new subordinate by-law. 29
`(3) The notice also may state-- 30
(a) the name of the by-law allowing the subordinate by-law to be 31
made; or 32
s 27 70 s 27
Community Services Legislation Amendment Bill 2002
(b) the purposes and general effect of the subordinate by-law. 1
`(4) On the day notice of the making of the subordinate by-law is 2
gazetted or as soon as practicable after the day, the council must give the 3
Minister-- 4
(a) a copy of the notice; and 5
(b) the required number of certified copies of the subordinate 6
by-law; and 7
(c) a drafting certificate for the subordinate by-law. 8
`43ZY Early start for subordinate by-law making process 9
`(1) The purpose of this section is to permit an Island council to start the 10
process for making a subordinate by-law even though the process for 11
making the by-law on which the subordinate by-law is to be based 12
(the "proposed authorising law") has not finished. 13
`(2) A council may use steps 1 to 5 of the process for making the 14
subordinate by-law, other than actually making the subordinate by-law, 15
before the proposed authorising by-law is made if-- 16
(a) in making the proposed authorising law, the council has to satisfy 17
steps 3 to 7 of division 3; and 18
(b) the notice about the subordinate by-law under section 43ZT is 19
published no earlier than the notice about the proposed 20
authorising law under section 43ZK is published. 21
`Division 5--Commencement and status of by-laws and subordinate 22
by-laws 23
`43ZZ Commencement of by-laws and subordinate by-laws 24
`(1) A by-law or subordinate by-law commences-- 25
(a) on the day notice of the making of the by-law or subordinate 26
by-law is gazetted; or 27
(b) if a later day or time is fixed in the by-law or subordinate 28
by-law--on that day or at that time. 29
`(2) If notice of the making of the by-law or subordinate by-law is 30
gazetted on a day after the day or time fixed by the by-law or subordinate 31
s 27 71 s 27
Community Services Legislation Amendment Bill 2002
by-law for its commencement, the by-law or subordinate by-law is valid, 1
but commences on the day on which it is notified. 2
`43ZZA Effect of by-laws 3
`On commencement, a by-law made by an Island council has the force of 4
law. 5
`43ZZB Extent to which subordinate by-law is binding 6
`(1) An Island council's subordinate by-law is binding on the council. 7
`(2) An Island council's subordinate by-law on a matter is binding on 8
anyone else to the extent stated in the by-law stating the matter about 9
which the subordinate by-law may be made. 10
`43ZZC When subordinate by-laws cease to have effect 11
`(1) This section applies if-- 12
(a) a by-law or provision of a by-law states a matter about which a 13
subordinate by-law may be made; and 14
(b) a subordinate by-law is made about the matter; and 15
(c) the by-law is repealed or the provision is omitted. 16
`(2) To remove any doubt, it is declared that the subordinate by-law 17
ceases to have effect on the repeal or omission. 18
`43ZZD Proof of by-laws and subordinate by-laws 19
`(1) In a proceeding, a certified copy of a by-law or subordinate by-law 20
is evidence of the content of the by-law or subordinate by-law. 21
`(2) All courts, judges and persons acting judicially must take judicial 22
notice of a certified copy of a by-law or subordinate by-law. 23
`(3) In a proceeding, a copy of the gazette, newspaper, newsletter or 24
other publication containing a notice about the making of a by-law or 25
subordinate by-law is-- 26
(a) evidence of the matters stated in the notice; and 27
(b) evidence that the by-law or subordinate by-law has been properly 28
made. 29
s 28 72 s 29
Community Services Legislation Amendment Bill 2002
`43ZZE By-law and subordinate by-law presumed to be within power 1
`In a proceeding, the competence of an Island council to make a 2
particular by-law or subordinate by-law is presumed unless the issue is 3
raised.'. 4
28 Amendment of s 80 (Evidentiary aids)
Clause 5
Section 80-- 6
insert-- 7
`(2) Subsections (3) and (4) apply to a proceeding for an offence against 8
section 43T(1).15 9
`(3) A statement in the complaint for the offence that fluid was in a 10
container of a type that usually holds alcohol is evidence that the fluid was 11
alcohol. 12
`(4) A certificate purporting to be signed by an analyst stating the results 13
of an analysis of a fluid is evidence of the results of the analysis. 14
`(5) In this section-- 15
"analyst" see the Health Act 1937, section 5(1).16'. 16
29 Insertion of new s 80A
Clause 17
After section 80-- 18
insert-- 19
`80A Approved forms 20
`The chief executive may approve forms for use under this Act.'. 21
15 Section 43T (Possession or consumption of alcohol in or on dry place)
16 Health Act 1937, section 5(1)--
"analyst", other than for a relevant provision or part 4A, means a person appointed
under section 27 as a State analyst or a person holding accreditation of a kind
prescribed under a regulation.
s 30 73 s 31
Community Services Legislation Amendment Bill 2002
30 Amendment of s 81 (Regulations)
Clause 1
(1) Section 81, heading-- 2
omit, insert-- 3
`81 Regulation-making power'. 4
(2) Section 81(t)-- 5
omit, insert-- 6
`(t) the business and conduct of meetings of Island councils or 7
community justice groups, including, for example, about the 8
following-- 9
(i) the times and places of meetings; 10
(ii) the quorum for meetings; 11
(iii) the presiding member at meetings; 12
(iv) the disclosure of a member's interest before meetings; and'. 13
31 Insertion of new pt 10, div 2
Clause 14
After section 84-- 15
insert-- 16
`Division 2--Transitional provision for Community Services Legislation 17
Amendment Act 2002 18
`84A Transitional provision for process for making by-laws 19
`(1) This section applies if-- 20
(a) before the commencement of this section, an Island council had, 21
under section 24, started the process of making a by-law under 22
the section; and 23
(b) immediately before the commencement, the process for making 24
the by-law had not finished. 25
`(2) Despite their repeal, sections 24 and 25 continue to apply to the 26
making of the by-law as if they had not been repealed.'. 27
s 32 74 s 34
Community Services Legislation Amendment Bill 2002
32 Insertion of new pt 12
Clause 1
After section 85-- 2
insert-- 3
`PART 12--PROVISION FOR REPRINTING ACT 4
`86 Numbering and renumbering of Act 5
`In the next reprint of this Act produced under the Reprints Act 1992, the 6
provisions of this Act must be numbered and renumbered as permitted by 7
the Reprints Act 1992, section 43.'. 8
PART 4--AMENDMENT OF LOCAL GOVERNMENT 9
(ABORIGINAL LANDS) ACT 1978 10
33 Act amended in pt 4 and schedule
Clause 11
(1) This part amends the Local Government (Aboriginal Lands) Act 12
1978. 13
(2) The schedule also includes amendments of the Local Government 14
(Aboriginal Lands) Act 1978. 15
34 Amendment of s 3 (Definitions)
Clause 16
Section 3-- 17
insert-- 18
` "liquor provisions" means-- 19
(a) the Community Services (Aborigines) Act 1984, section 45T; and 20
(b) the Liquor Act 1992, sections 168B, 169 and 171.17 21
17 Community Services (Aborigines) Act 1984, section 45T (Possession or
consumption of alcohol in or on dry place) and the Liquor Act 1992, sections 168B
(Prohibition of possession of liquor in restricted area), 169 (Authority required for
sale) and 171 (Carrying or exposing liquor for sale)
s 35 75 s 36
Community Services Legislation Amendment Bill 2002
"police officer in charge", for a shire, means the police officer in charge of 1
a police station in the shire.'. 2
35 Insertion of new s 15
Clause 3
After section 14-- 4
insert-- 5
`15 Special accounting provision for particular payments 6
`(1) Each of the Councils of the Shires of Aurukun and Mornington must 7
keep separate accounting records for payments made to it under the 8
Indigenous Communities Liquor Licences Act 2002, section 9. 9
`(2) The council must ensure the amounts paid to it are used only for-- 10
(a) funding programs or services for the benefit of residents of its 11
shire; or 12
(b) if an implementation regulation under the Indigenous 13
Communities Liquor Licences Act 2002, section 34, states this 14
paragraph applies--for making a payment relating to the 15
Council's liabilities stated in the regulation.'. 16
36 Amendment of s 33 (Law and order in shires)
Clause 17
Section 33-- 18
insert-- 19
`(2C) Also, for the administration and enforcement of the liquor 20
provisions in a shire, the police officer in charge for the shire may authorise 21
an Aboriginal police officer to exercise in the area the powers of-- 22
(a) an investigator under the Liquor Act, 1992, part 7;18 or 23
(b) a police officer under the Police Powers and Responsibilities Act 24
2000, sections 51 to 53.19 25
18 For exercise of powers by Aboriginal police officers under the Liquor Act 1992,
part 7, see section 174A of that Act.
19 Police Powers and Responsibilities Act 2000, sections 51 (Stopping vehicles for
prescribed purposes), 52 (Power to require vehicles to be moved) and
53 (Requirement to remain at a place)
s 37 76 s 39
Community Services Legislation Amendment Bill 2002
`(2D) For subsection (2C)(b), the Police Powers and Responsibilities Act 1
2000, sections 51 to 53, apply as if a reference in the sections to a police 2
officer were a reference to an Aboriginal police officer.'. 3
37 Insertion of new s 55AA
Clause 4
After section 55-- 5
insert-- 6
`55AA Delegation 7
`(1) The secretary may delegate the secretary's powers under this Act to 8
an appropriately qualified employee of the shire council. 9
`(2) In this section-- 10
"appropriately qualified", for a person to whom a power under this Act 11
may be delegated, includes having the qualifications, experience or 12
standing appropriate to exercise the power.'. 13
38 Omission of pt 6 (Control of possession or consumption of alcohol
Clause 14
at Aurukun) 15
Part 6-- 16
omit. 17
39 Insertion of new pt 8, div 2 and pt 9
Clause 18
After section 111-- 19
insert-- 20
`Division 2--Transitional provisions for Community Services Legislation 21
Amendment Act 2002 22
`112 Definitions for div 2 23
`In this division-- 24
"law council" means the Aurukun Alcohol Law Council established under 25
the repealed part. 26
s 39 77 s 39
Community Services Legislation Amendment Bill 2002
"community justice group" means the community justice group 1
established under the Community Services (Aborigines) Act 1984, 2
part 3A, for the Shire of Aurukun. 3
"new dry place provisions" means the Community Services (Aborigines) 4
Act 1984, part 3B. 5
"repeal" means the repeal of part 6 of this Act by the Community Services 6
Legislation Amendment Act 2002. 7
"repealed part" means part 6 of this Act as in force before its repeal. 8
"shire council" means the Council of the Shire of Aurukun. 9
`113 Law council dissolved 10
`On the repeal, the law council is dissolved. 11
`114 Assets and liabilities 12
`On the repeal, assets and liabilities of the law council immediately 13
before the repeal vest in the shire council. 14
`115 Application to declare dry place 15
`(1) This section applies if, before the repeal-- 16
(a) an application under the repealed part for a place to be declared 17
to be a dry place had been made to the law council; and 18
(b) the law council had not given notice of the proposal under the 19
repealed part. 20
`(2) The community justice group must deal with the application under 21
the new dry place provisions as if the application were made under the 22
provisions. 23
`116 Notice of proposal to declare dry place 24
`(1) This section applies if, before the repeal, the law council-- 25
(a) had, under the repealed part, given notice of a proposal to declare 26
a place to be a dry place; but 27
(b) had not, under the repealed part, declared the place to be a dry 28
place. 29
s 39 78 s 39
Community Services Legislation Amendment Bill 2002
`(2) The community justice group must deal with the matter, including, 1
considering any objections and submissions to the proposal, under the new 2
dry place provisions as if the proposal were made and notified under the 3
provisions. 4
`117 Notice about dry place declaration 5
`This section applies if, before the repeal, the law council-- 6
(a) had, under the repealed part, declared a place to be a dry place; 7
but 8
(b) had not, under the repealed part, displayed notice of the 9
declaration. 10
`(2) The declaration is taken to be a declaration by the community justice 11
group, under the new dry place provisions, of the place as a dry place and 12
the community justice group must display notice of the declaration under 13
the provisions as if it were made under the provisions. 14
`118 Dry place declaration continues in force 15
`(1) This section applies if-- 16
(a) under the repealed part, the law council declared a place to be a 17
dry place; and 18
(b) the declaration was in force immediately before the repeal. 19
`(2) The declaration is taken to be a declaration by the community justice 20
group, under the new dry place provisions, of the place as a dry place. 21
`119 Reporting requirements 22
`(1) Within 30 days after the repeal, the chief executive officer of the 23
shire of Aurukun must-- 24
(a) prepare a report on the law council's activities for the reporting 25
period; and 26
(b) give the report to the shire council. 27
`(2) As soon as practicable after giving the report to the shire council, the 28
chief executive officer must-- 29
(a) publish a notice in a newspaper circulating generally in the shire; 30
and 31
s 39 79 s 39
Community Services Legislation Amendment Bill 2002
(b) display a notice in a prominent place in the township of Aurukun. 1
`(3) The notices must advise that copies of the report are open for 2
inspection, or available, free of charge at the shire council's office. 3
`(4) The shire council's annual report prepared under the Local 4
Government Act 1993 for the financial year that includes the reporting 5
period must contain the chief executive officer's report. 6
`(5) In this section-- 7
"reporting period" means the period starting on the first day of the 8
financial year after the last financial year for which a report was 9
prepared under repealed section 56 and ending on the day before the 10
repeal. 11
`120 Transitional regulation-making power 12
`(1) A regulation (a "transitional regulation") may make provision 13
about a matter for which-- 14
(a) it is necessary to make provision to allow or facilitate the doing 15
of anything to achieve the transition from the operation of 16
repealed part 6 to the operation of the Community Services 17
(Aborigines) Act 1984, parts 3A and 3B; and 18
(b) this division does not make provision or sufficient provision. 19
`(2) Without limiting subsection (1), a regulation may be made about the 20
following-- 21
(a) the enforcement of contracts, guarantees, undertakings and 22
securities entered into or given by or on behalf of the law 23
council; 24
(b) reviews and appeals against decisions under the repealed part 25
being started or continued under the part; 26
(c) legal proceedings taken, or that could have been taken, against 27
the law council. 28
`(3) A transitional regulation may have retrospective operation to a day 29
not earlier than the repeal. 30
`(4) A transitional regulation must declare it is a transitional regulation. 31
`(5) This section and any transitional regulation expire 1 year after the 32
repeal. 33
s 40 80 s 40
Community Services Legislation Amendment Bill 2002
`PART 9--PROVISION FOR REPRINTING ACT 1
`121 Numbering and renumbering of Act 2
`In the next reprint of this Act produced under the Reprints Act 1992, the 3
provisions of this Act must be numbered and renumbered as permitted by 4
the Reprints Act 1992, section 43.'. 5
PART 5--MINOR AND CONSEQUENTIAL 6
AMENDMENTS 7
40 Acts amended
Clause 8
The schedule amends the Acts it mentions. 9
81
Community Services Legislation Amendment Bill 2002
SCHEDULE 1
MINOR AND CONSEQUENTIAL AMENDMENTS 2
sections 3(2), 18(2), 33(2) and 40 3
COMMUNITY SERVICES (ABORIGINES) ACT 1984 4
1 Sections 36(3), 39(1), 40(1) and (2) and 41, after `Aboriginal 5
police'-- 6
insert-- 7
`officers'. 8
2 Section 40, heading, `function'-- 9
omit, insert-- 10
`officers' functions etc.'. 11
3 Section 45B(1)(a), `any member of the Aboriginal police'-- 12
omit, insert-- 13
`an Aboriginal police officer'. 14
4 Section 82(n), after `service of Aboriginal police'-- 15
insert-- 16
`officers'. 17
82
Community Services Legislation Amendment Bill 2002
SCHEDULE (continued)
5 Part 10, heading-- 1
omit, insert-- 2
`PART 10--TRANSITIONAL PROVISIONS 3
`Division 1--Transitional provision for Community Services Legislation 4
Amendment Act 1999'. 5
COMMUNITY SERVICES (TORRES STRAIT) ACT 1984 6
1 Sections 34(3), 37(1), 38(1) and (2) and 39, after `Island police'-- 7
insert-- 8
`officers'. 9
2 Section 38, heading, `function'-- 10
omit, insert-- 11
`officers' functions etc.'. 12
3 Section 43B(1)(a), `any member of the Island police'-- 13
omit, insert-- 14
`an Island police officer'. 15
4 Section 81(n), after `service of Island police'-- 16
insert-- 17
`officers'. 18
83
Community Services Legislation Amendment Bill 2002
SCHEDULE (continued)
5 Part 10, heading-- 1
omit, insert-- 2
`PART 10--TRANSITIONAL PROVISIONS 3
`Division 1--Transitional provision for Community Services Legislation 4
Amendment Act 1999'. 5
JUVENILE JUSTICE ACT 1992 6
1 Section 109(5), definition "community justice group"-- 7
omit, insert-- 8
` "community justice group", for a child, means-- 9
(a) the community justice group established under the Community 10
Services (Aborigines) Act 1984, part 3A, division 1, or 11
Community Services (Torres Strait) Act 1984, part 3A, division 1, 12
for the child's community; or 13
(b) a group of persons within the child's community, other than a 14
department of government, that is involved in the provision of 15
any of the following-- 16
(i) information to a court about Aboriginal or Torres Strait 17
Islander offenders; 18
(ii) diversionary, interventionist or rehabilitation activities 19
relating to Aboriginal or Torres Strait Islander offenders; 20
(iii) other activities relating to local justice issues; or 21
(c) a group of persons made up of the elders or other respected 22
persons of the child's community.'. 23
84
Community Services Legislation Amendment Bill 2002
SCHEDULE (continued)
LOCAL GOVERNMENT (ABORIGINAL LANDS) 1
ACT 1978 2
1 Section 8, from `held by' to `1993,'-- 3
omit, insert-- 4
`held by the Council of the Shire of Aurukun or the Council of the Shire 5
of Mornington'. 6
2 Sections 18(1)(a) and (b), 21(a) to (d) and 25(1)(a), `;'-- 7
omit, insert-- 8
`; and'. 9
3 Section 32, from `or section 4' to `is not empowered'-- 10
omit, insert-- 11
`, the Council of the Shire of Aurukun or the Council of the Shire of 12
Mornington is not empowered'. 13
4 Part 8, heading-- 14
omit, insert-- 15
`PART 8--VALIDATING AND TRANSITIONAL 16
PROVISIONS 17
`Division 1--Validating provision'. 18
85
Community Services Legislation Amendment Bill 2002
SCHEDULE (continued)
PENALTIES AND SENTENCES ACT 1992 1
1 Section 9(6), definition "community justice group"-- 2
omit, insert-- 3
` "community justice group", for an offender, means -- 4
(a) the community justice group established under the Community 5
Services (Aborigines) Act 1984, part 3A, division 1, or 6
Community Services (Torres Strait) Act 1984, part 3A, division 1, 7
for the offender's community; or 8
(b) a group of persons within the offender's community, other than a 9
department of government, that is involved in the provision of 10
any of the following-- 11
(i) information to a court about Aboriginal or Torres Strait 12
Islander offenders; 13
(ii) diversionary, interventionist or rehabilitation activities 14
relating to Aboriginal or Torres Strait Islander offenders; 15
(iii) other activities relating to local justice issues; or 16
(c) a group of persons made up of elders or other respected persons 17
of the offender's community.'.
© State of Queensland 2002
AMENDMENTS TO BILL
1
Community Services Legislation Amendment Bill 2002
COMMUNITY SERVICES LEGISLATION
AMENDMENT BILL 2002
AMENDMENTS AGREED TO IN COMMITTEE
1 Clause 31--
At page 73, line 14, `div 2'--
omit, insert--
`div 3'.
2 Clause 31--
At page 73, line 15, `84'--
omit, insert--
`84A'.
3 Clause 31--
At page 73, line 17, `Division 2'--
omit, insert--
`Division 3'.
4 Clause 31--
At page 73, line 19, `84A'--
omit, insert--
`84B'.
5 Schedule--
At page 83, lines 1 to 5--
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