ABORIGINAL AND TORRES STRAIT ISLANDER COMMUNITIES (JUSTICE, LAND AND OTHER MATTERS) ACT 1984 - As at 1 February 2024 - Act 51 of 1984

Table of Provisions

• Long Title

PART 1 - PRELIMINARY

• 1 Short title
• 2 Commencement
• 3 Savings
• 4 Definitions

PART 2 - ADMINISTRATION

• 5 Corporation
• 6 Corporation of chief executive is statutory body
• 7 Consequences of constitution of corporation
• 8 Delegation by Minister or chief executive

PART 3 - LAW AND ORDER IN COMMUNITY GOVERNMENT AND IRC AREAS

Division 1 - Law and order in community government and IRC areas

• 8A Definitions for div 1
• 9 Jurisdiction and powers of police
• 10 Entry upon indigenous local government areas etc.
• 11 Application to indigenous local government areas of laws relating to public places
• 12 Community police officers
• 13 Discharge of community police officers’ functions etc.
• 14 Other functions of community police officers
• 15 Indemnification of community police officer for liability for tort

Division 2 - Authorised officers

• 16 Authorised officers
• 17 General powers of authorised officers

Division 3 - (Repealed)

PART 4 - COMMUNITY JUSTICE GROUPS

Division 1 - Establishment, functions and powers

• 18 Establishment
• 19 Functions and powers

Division 2 - Provisions about membership of groups and group coordinators

• 20 Membership
• 21 Investigations about suitability of community justice group members
• 21A Guidelines for dealing with suitability information
• 22 Coordinator

Division 3 - Miscellaneous provisions

• 23 Authentication of documents
24. (Repealed)
• 25 Reporting requirements

Division 4 - (Repealed)

PART 5 - CONTROL OF POSSESSION AND CONSUMPTION OF ALCOHOL IN COMMUNITY AREAS

Division 1 - Preliminary

• 26 Purpose of pt 5
• 27 Definitions for pt 5

Division 2 - Dry places

• 28 Declaration
• 29 Notice about declaration at premises
29A. (Repealed) 29E. (Repealed)
• 30 Notice about declaration at police station or on community noticeboard
• 31 Suspension of declaration
• 32 Revocation of declaration
• 33 Effect of declaration of premises as a dry place
• 34 Possession or consumption of alcohol in or on dry place
• 35 False or misleading statements
• 36 False or misleading documents
• 37 Fee not payable for application

Division 3 - Provisions relating to homemade alcohol

• 38 Offences relating to homemade alcohol
• 39 Relationship with restricted areas
40. (Repealed) 41. (Repealed) 42. (Repealed) 43. (Repealed) 44. (Repealed) 45. (Repealed) 46. (Repealed) 47. (Repealed)

Division 4 - (Repealed)

Division 5 - (Repealed)

Division 6 - (Repealed)

PART 6 - ENTRY ON TRUST AREAS

• 48 Definitions for pt 6
• 49 Entry on trust area only in certain circumstances
• 50 Entry on trust area etc. by non-residents
• 51 Notice about resolution
• 52 Community government or indigenous regional council may impose restrictions on entry etc.
• 53 General authority to enter etc. trust area
• 54 Entry on and temporary stay in trust area
• 55 Removal from trust area

PART 7 - ASSISTANCE SOUGHT BY ABORIGINES OR TORRES STRAIT ISLANDERS

• 56 Grant of aid
• 57 Deposit of savings with banker
• 58 Continuation of management of money
• 59 Banker is a statutory body
• 60 Administration of estates of Aborigines and Torres Strait Islanders

PART 7A - COMMUNITY ENTERPRISE QUEENSLAND

Division 1 - Establishment, functions and powers of Community Enterprise Queensland

• 60A Community Enterprise Queensland
• 60B Functions
• 60C Powers

Division 2 - The board

• 60D Establishment
• 60DA Role of board
• 60DB Appointment of members
• 60E Chairperson of the board
• 60F Deputy chairperson of the board
• 60G Term of appointment
• 60H Disqualification from membership
• 60I Vacation of office
• 60J When notice of resignation takes effect
• 60K Conduct of business
• 60L Times and places of meetings
• 60M Quorum
• 60N Presiding at meetings
• 60O Conduct of meetings
• 60P Minutes
• 60Q Disclosure of interests

Division 3 - Chief executive officer

• 60R Chief executive officer
• 60RA Role of chief executive officer
• 60RB Disqualification as chief executive officer
• 60RC Chief executive officer not to engage in other paid employment
• 60S Conflicts of interest

Division 4 - Miscellaneous

• 60T Community Enterprise Queensland is statutory body
• 60U Audit of Community Enterprise Queensland’s accounts
• 60V Annual report by Community Enterprise Queensland
• 60VA Board to report on functions, finances and operations
• 60VB Minister’s power to give directions to board
• 60W Administrator may replace board members
60X. (Repealed)
• 60Y Applying operating surplus and assets of Community Enterprise Queensland
• 60Z Conflicts of interest of employees

PART 8 - GENERAL PROVISIONS

• 61 Right of Aborigines and Torres Strait Islanders to particular natural resources
• 62 Right of Aborigines and Torres Strait Islanders to particular forest products and quarry material—Aboriginal and Torres Strait Islander land
• 63 Right of Aborigines and Torres Strait Islanders to particular forest products and quarry material—non-Aboriginal and non-Torres Strait Islander land
• 63A Confidentiality
• 64 Obstruction, intimidation and assault
• 65 General penalty for offence
• 66 Making of local laws about particular matters
• 67 Evidentiary aids
• 68 Evidence of home-brew concentrate by label
• 69 Evidence of homemade alcohol having regard to belief of police officer
• 69A Protection of officials from civil liability
• 70 Approved forms
• 71 Regulation-making power

PART 9 - TRANSITIONAL PROVISIONS FOR LOCAL GOVERNMENT (COMMUNITY GOVERNMENT AREAS) ACT 2004

Division 1 - Preliminary

• 72 Definition for pt 9

Division 2 - Transitional provision for process for making by-laws or subordinate by-laws

• 73 Making by-law or subordinate by-law

Division 3 - Transitional provisions for Aboriginal Coordinating Council

• 74 Definitions for div 3
• 75 ACC dissolved
• 76 References to ACC
• 77 Agreements and proceedings
• 78 Assets and liabilities

PART 10 - TRANSITIONAL PROVISIONS FOR LOCAL GOVERNMENT AND OTHER LEGISLATION (INDIGENOUS REGIONAL COUNCILS) AMENDMENT ACT 2007

• 79 Definitions for pt 10
• 80 ICC dissolved
• 81 Regulation to provide for matters relating to dissolution of ICC
• 82 Aboriginal and Island police officers
• 83 Transitional provision for IIB
• 84 Community justice groups for Injinoo, New Mapoon and Umagico community government areas
• 85 Community justice groups for relevant Bamaga and Seisia areas

PART 11 - TRANSITIONAL PROVISIONS FOR ABORIGINAL AND TORRES STRAIT ISLANDER COMMUNITIES (JUSTICE, LAND AND OTHER MATTERS) AND OTHER ACTS AMENDMENT ACT 2008

• 86 Definitions for pt 11
• 87 Existing declaration of a place as a dry place
• 88 Existing application for the declaration of a place as a dry place
• 89 Existing application for the amendment or revocation of a declaration of a place as a dry place
• 90 Existing application for the suspension of a declaration of a public place as a dry place
• 91 Appeals
• 92 Offences

PART 12 - TRANSITIONAL PROVISIONS FOR ELECTRICITY AND OTHER LEGISLATION AMENDMENT ACT 2016

• 93 Definition for part
• 94 References to IIB
• 95 Members of IIB continue as board members
• 96 Chairperson of IIB continues as chairperson of board
• 97 Deputy chairperson of IIB continues as deputy chairperson of board
• 98 Chief executive officer of IIB continues as chief executive officer
• 99 Annual report
122. (Repealed) 123. (Repealed) 124. (Repealed) 125. (Repealed) 126. (Repealed) 127. (Repealed) 128. (Repealed) 129. (Repealed) 130. (Repealed) 131. (Repealed) 132. (Repealed) 133. (Repealed) 134. (Repealed) 135. (Repealed) 136. (Repealed) 137. (Repealed) 138. (Repealed) 139. (Repealed) 140. (Repealed) 141. (Repealed) 142. (Repealed) 143. (Repealed) 144. (Repealed) 145. (Repealed) 146. (Repealed) 147. (Repealed) 148. (Repealed) 149. (Repealed) 150. (Repealed) 151. (Repealed) 152. (Repealed) 153. (Repealed) 154. (Repealed) 155. (Repealed) 156. (Repealed) 157. (Repealed) 158. (Repealed) 159. (Repealed) 160. (Repealed) 161. (Repealed) 162. (Repealed) 163. (Repealed) 164. (Repealed) 165. (Repealed) 166. (Repealed) 167. (Repealed) 168. (Repealed) 187. (Repealed) 189. (Repealed)

PART 14 - (Repealed)

PART 16 - (Repealed)