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THE RECOGNITION OF ABORIGINAL CUSTOMARY LAWS - 761. Local By-laws.
The community government council has the power to make by-laws which, in addition to local government matters, may cover:

· the sale, purchase, possession, presence and consumption of liquor (s476(d)); and

· the sale, display, possession, hire, purchase, presence and use of firearms (s476(e) or offensive weapons (s476(f)).

A fine of up to $200 may be imposed by the court for any breach of the by-laws. By-laws come into effect on notification in the Gazette, unless another date is specified. There is provision for disallowance by the Legislative Assembly. The Minister has no direct powers to disallow by-laws although he may recommend amendments. There are no special provisions for the by-laws to be policed by either the Council or by any local Aboriginal police vested with special power to deal with such breaches. On the other hand the contents of a community government scheme have effect as a law of the Territory (s439) so that any breaches of the by-laws would be dealt with as a breach of Northern Territory laws.


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