Queensland Consolidated Acts

COMMUNITY SERVICES (ABORIGINES) ACT 1984

TABLE OF PROVISIONS

           Contents

           Part 1--Preliminary

   1.      Short title
   2.      Commencement
   3.      Savings
   4.      Definitions
   5.      Meaning of conclusion of election for Aboriginal council

           Part 2--Administration

   6.      Responsible officer
   7.      Corporation
   8.      Corporation of chief executive is statutory body
   9.      Consequences of constitution of corporation
   10.     Agents of department
   11.     Power of delegation
   12.     Appointment of magistrates to trust areas
   13.     Official inquiries
   14.     Annual report on administration

           Part 3--Intervention by the State

           Division 1--Powers of intervention

   15.     Procedures before exercise of certain powers
   16.     Revocation and suspension of resolutions and orders
   17.     Effect of revocation or suspension
   18.     Overruling by-laws
   19.     Appointment of financial controller
   20.     Dissolution of Aboriginal council
   21.     Abolition of joint Aboriginal council and its area

           Division 2--Administrators

   22.     When administrator may be appointed
   23.     Jurisdiction, powers and duties of administrator
   24.     Title of administrator
   25.     Committee to help administrator
   26.     Conditions of appointment as administrator or member of committee
   27.     Recovery of amounts from Aboriginal councils
   28.     Role of committee
   29.     Decision by Minister on referral by administrator
   30.     Procedures of committee
   31.     Termination of administrator's appointment
   32.     Termination of appointment of committee member etc.

           Division 3--Financial controller

   33.     Functions of financial controller
   34.     Power of financial controller to revoke and suspend resolutions and orders
   35.     Effect of revocation or suspension
   36.     Financial controller's employment conditions
   37.     Recovery of amounts from Aboriginal councils
   38.     Termination of financial controller's appointment

           Part 4--Local government of areas

           Division 1--Aboriginal councils

   39.     Declaration of council areas
   40.     Aboriginal council required for each council area
   41.     Implementation of council area
   42.     Incorporation of Aboriginal councils
   43.     Tenure of office of councillors
   44.     Times for election of councillors
   45.     Voters roll
   46.     Relationship of council area to local government area
   47.     Functions of Aboriginal councils
   48.     Power of council to lend an amount to an adult resident
   49.     Disclosure of interests at meetings

           Division 2--Financial operations of Aboriginal councils

   50.     Issue of standards
   51.     Standards must be complied with
   52.     Area rate and other charges
   53.     Annual budget to be prepared
   54.     Adoption of budget
   55.     Framing of budget
   56.     Amendment of budget
   57.     Unexpended votes to lapse
   58.     Provisions in respect of loan repayments
   59.     Illegal expenditure
   60.     Accounts
   61.     Special accounting provision for particular payments
   62.     Preparation of financial statements
   63.     Certification of annual financial statements
   64.     Auditor-general to audit accounts of council
   65.     Auditor-general to certify annual financial statements
   66.     Presentation of annual financial statements
   67.     Access to accounts
   68.     Power to require furnishing of information and the like
   69.     General reporting provisions
   70.     Financial statements
   71.     Aboriginal councils are statutory bodies
   72.     Chief executive may require information from Aboriginal council

           Division 3--Law and order in areas

   73.     Jurisdiction and powers of police
   74.     Entry upon council areas etc.
   75.     Application to council areas of laws relating to public places
   76.     Aboriginal police
   77.     Discharge of Aboriginal police officers' functions etc.
   78.     Other functions of Aboriginal police officers
   79.     Indemnification of Aboriginal police officer for liability for tort

           Division 4--Determination of matters of complaint in areas

   80.     Aboriginal Courts
   81.     Jurisdiction of Aboriginal Courts
   82.     Limitation of jurisdiction
   83.     Right of appeal against conviction

           Division 5--Authorised officers

   84.     Authorised officers
   85.     General powers of authorised officers

           Part 5--Community justice groups

           Division 1--Establishment, functions and powers

   86.     Establishment
   87.     Functions and powers

           Division 2--Provisions about membership of groups and group coordinators

   88.     Membership
   89.     Criminal history checks
   90.     Coordinator

           Division 3--Miscellaneous provisions

   91.     Authentication of documents
   92.     Protection of members from civil liability
   93.     Reporting requirements

           Part 6--Control of possession and consumption of alcohol in community areas

           Division 1--Preliminary

   94.     Purpose of pt 6
   95.     Definitions for pt 6

           Division 2--Dry places

   96.     Declaration
   97.     Notice of proposal
   98.     Objections and supporting submissions
   99.     Notice about declaration
   100.    Suspension of declaration
   101.    Effect of declaration of dry place

           Division 3--Offences relating to community justice groups and dry places

   102.    Obstructing members
   103.    Possession or consumption of alcohol in or on dry place
   104.    False or misleading statements
   105.    False or misleading documents

           Division 4--Appeals relating to dry places

   106.    Who may appeal
   107.    How to start appeal
   108.    Stay of operation of decisions
   109.    Powers of Magistrates Court
   110.    Constitution of Magistrates Court
   111.    Effect of Magistrates Court's decision
   112.    Appeal to District Court

           Division 5--Provisions relating to homemade alcohol in certain community areas

   112A.   Offences relating to homemade alcohol
   112B.   Relationship with restricted areas

           Division 6--Miscellaneous provision

   113.    Making applications

           Part 7--Provisions about making by-laws and subordinate by-laws

           Division 1--Preliminary

   114.    Definitions for pt 7

           Division 2--Publishing model by-laws and power to make subordinate by-laws

   115.    Minister may publish model by-laws
   116.    Power to make subordinate by-laws

           Division 3--Process for making by-laws

   117.    By-law process
   118.    Step 1—propose a by-law
   119.    Step 2—ensure proposed by-law satisfactorily deals with any State interest
   120.    Step 3—consultation about proposed by-law
   121.    Step 4—give access to proposed by-law
   122.    Step 5—accept and consider all submissions
   123.    Step 6—decide whether to proceed with making proposed by-law
   124.    Step 7—again ensure proposed by-law satisfactorily deals with any State interest
   125.    Step 8—make proposed by-law
   126.    Step 9—give public notice of law

           Division 4--Process for making subordinate by-laws

   127.    Subordinate by-law process
   128.    Step 1—propose a subordinate by-law
   129.    Step 2—consultation about proposed subordinate by-law
   130.    Step 3—give access to proposed subordinate by-law
   131.    Step 4—accept and consider all submissions
   132.    Step 5—make proposed subordinate by-law
   133.    Step 6—give public notice of subordinate by-law
   134.    Early start for subordinate by-law making process

           Division 5--Commencement and status of by-laws and subordinate by-laws

   135.    Commencement of by-laws and subordinate by-laws
   136.    Effect of by-laws
   137.    Extent to which subordinate by-law is binding
   138.    When subordinate by-laws cease to have effect
   139.    Proof of by-laws and subordinate by-laws
   140.    By-law and subordinate by-law presumed to be within power

           Part 8--Aboriginal Coordinating Council

   141.    Continuation and incorporation of Aboriginal Coordinating Council
   142.    Membership of council
   143.    Functions of council
   144.    Meetings of council
   145.    Divisions of Aboriginal communities
   146.    Selection of board members
   147.    Casual vacancy in office of selected member
   148.    Particular functions of council
   149.    Budget of Aboriginal Coordinating Council
   150.    Declaration that Aboriginal Coordinating Council is statutory body

           Part 9--Aboriginal Industries Board

   151.    The board
   152.    Membership of board
   153.    Casual vacancy in appointed members of board
   154.    Board meetings
   155.    Officers and employees of board
   156.    Powers of board
   157.    Profits of board
   158.    Board is statutory body
   159.    Audit of board's accounts
   160.    Annual report by board
   161.    Administrator may replace board members
   162.    Relinquishment of board's assets to local control

           Part 10--Entry upon areas

   163.    Entry upon public parts of areas
   164.    General authority to be in area
   165.    Entry upon and temporary stay in areas
   166.    Power of Aboriginal council to regulate presence in area
   167.    Excluded person entitled to reason
   168.    Power of Aboriginal council to eject

           Part 11--Assistance sought by Aborigines

   169.    Grant of aid
   170.    Deposit of savings with banker
   171.    Continuation of management of money
   172.    Banker is a statutory body
   173.    Administration of Aborigines' estates

           Part 12--General provisions

   174.    Aborigines' right to certain natural resources
   175.    Aborigines' right to certain forest products and quarry material—Aboriginal land
   176.    Aborigines' right to certain forest products and quarry material—non-Aboriginal land
   177.    Obstruction, intimidation and assault
   178.    General penalty for offence
   179.    Magistrates Court not to have jurisdiction for certain offences
   180.    Evidentiary aids
   180A.   Evidence of home-brew concentrate by label
   180B.   Evidence of homemade alcohol having regard to belief of police officer
   181.    Approved forms
   182.    Regulation-making power

           Part 13--Assistance to and review of Aboriginal councils

   183.    Assistance to Aboriginal councils
   184.    Use of churches etc. for provision of assistance

           Part 14--Transitional provisions

           Division 1--Transitional provision for Community Services Legislation Amendment Act 1999

   185.    Transitional provision for council areas

           Division 2--Transitional provision for Community Services Legislation Amendment Act 2002

   186.    Transitional provision for process for making by-laws

           Part 15--Validating provisions

   187.    Validation of particular rates
   188.    Validation of declaration of council areas
           Endnotes