MARALINGA TJARUTJA LAND RIGHTS ACT 1984 - SECT 43
MARALINGA TJARUTJA LAND RIGHTS ACT 1984 - SECT 43
(1) Maralinga Tjarutja
may, with the approval of the Minister, make by-laws—
(a)
regulating, restricting or prohibiting the consumption, inhalation,
possession, sale or supply of regulated substances on the lands;
(b)
providing for the confiscation, in circumstances in which a contravention of a
by-law under paragraph (a) is reasonably suspected, of any
regulated substance to which the suspected contravention relates;
(c)
providing for the treatment or rehabilitation (or both) of any person affected
by the misuse of any regulated substance;
(d)
prohibiting specified forms of gambling on the lands;
(e)
providing for any other matter that is prescribed by the regulations as a
matter in relation to which by-laws may be made.
(2) A by-law under
this section must not be inconsistent with this or any other Act, or with the
general law of the State.
(3) The operation of a
by-law is restricted to the lands.
(4) A by-law made
under this section—
(a) must
be submitted to the Governor for confirmation; and
(b) is
subject to disallowance by Parliament.
(5) A court by which a
person is found to have been in possession of a regulated substance for his or
her own use in contravention of the by-laws may, subject to the by-laws, order
that person to undergo treatment or participate in a rehabilitation programme
prescribed by the by-laws.
(6) Subject to
subsection (7), a person who contravenes or fails to comply with a by-law
is liable to a penalty as follows:
(a) if
the by-law specifies a penalty (which must not exceed $2 000)—the
penalty so specified; or
(b) if
no penalty is specified—a maximum fine of $2 000.
(7) A person who
contravenes a by-law regulating, restricting or prohibiting the sale or supply
of a regulated substance is guilty of an offence.
Maximum penalty: $2 000 or imprisonment for 2 years.
(8) In this
section—
"petrol" includes any volatile liquid containing hydrocarbons;
"regulated substance" means petrol, alcoholic liquor and any other substance
declared by regulation to be included within the ambit of this definition.