{"id":"aboriginal-lands-trust-regulations-2014","name":"Aboriginal Lands Trust Regulations 2014","slug":"aboriginal-lands-trust-regulations-2014","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":235170,"registerId":"sa-aboriginal-lands-trust-regulations-2014-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Aboriginal Lands Trust Regulations 2014","content":"South Australia\nAboriginal Lands Trust Regulations 2014\nunder the Aboriginal Lands Trust Act 2013\n\nContents\nPart 1—Preliminary\n1\tShort title\n3\tInterpretation\nPart 2—Control of alcoholic liquor and regulated substances on Umoona Community\n4\tProhibition of possession or consumption of alcoholic liquor on Umoona Community\n5\tProhibition of sale or supply of alcoholic liquor on Umoona Community\n6\tProhibition of inhalation, consumption, possession, sale or supply of regulated substances on Umoona Community\n7\tConfiscation of alcoholic liquor and regulated substances\nPart 3—Control of alcoholic liquor and regulated substances on Yalata Reserve\n8\tProhibition of possession or consumption of alcoholic liquor on Yalata Reserve\n9\tProhibition of sale or supply of alcoholic liquor on Yalata Reserve\n10\tProhibition of inhalation, consumption, possession, sale or supply of regulated substances on Yalata Reserve\n11\tConfiscation of alcoholic liquor and regulated substances\nPart 3A—Control of alcoholic liquor on Davenport Community\nDivision 1—Acknowledgement of Davenport community and purpose of Part\n11A\tAcknowledgement of Davenport community and purpose of Part\nDivision 2—Possession and consumption of liquor prohibited\n11B\tProhibition of possession or consumption of alcoholic liquor in Davenport Community dry zone\nDivision 3—Sale or supply of alcoholic liquor prohibited\n11C\tProhibition of sale or supply of alcoholic liquor in Davenport Community dry zone\nDivision 4—Confiscation of alcoholic liquor\n11D\tConfiscation of alcoholic liquor\nDivision 5—Referrals of certain persons misusing alcohol for screening\n11E\tInterpretation\n11F\tPolice officer may refer person to approved screening organisation for screening\n11G\tInteraction with Division 2\n11H\tConfidentiality\nPart 4—Miscellaneous\n12\tVacation of office—prescribed offences\n13\tRegister of Trust Land\n14\tFees\n15\tReferences to Ministerial consent in continued leases and licences\nSchedule 1—Fees\nLegislative history\n\nPart 1—Preliminary\n1—Short title\nThese regulations may be cited as the Aboriginal Lands Trust Regulations 2014.\n3—Interpretation\n\t(1)\tIn these regulations, unless the contrary intention appears—\nAct means the Aboriginal Lands Trust Act 2013;\nalcoholic liquor means any beverage that at 20° Celsius contains more than 1.15% alcohol by volume and includes any substance that consists of, contains, or may be converted to, such a beverage;\nDavenport Community means the whole of the land contained in Certificate of Title Register Book Volume 6235 Folio 786 and Certificate of Title Register Book Volume 5854 Folio 168;\nDavenport Community dry zone means the land comprising the Davenport Community, other than land comprising an excluded area;\nentertainment area, of the Davenport Community Hall, means the area consisting of—\n\t(a)\tto the extent that the grounds of the hall are fenced—the area within the fence line; and\n\t(b)\tto the extent that the grounds of the hall are not fenced—any area located within 50 metres of any part of the hall,\nincluding, to avoid doubt, the area in which the fire pit is situated;\nexcluded area—the following areas are excluded from the Davenport Community dry zone:\n\t(a)\tall residential property on the Davenport Community, other than any residential property that is abandoned or derelict;\n\t(b)\tthe Wami Kata Old Folks Home and the fenced grounds on which the home is situated;\n\t(c)\tthe Davenport Community Hall, and the entertainment area of the hall, during any period that the hall is being used for an organised event;\nmedical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession;\npharmacist means a person registered as a pharmacist under the law of this State;\npolice officer includes a special constable appointed under the Police Act 1998 (other than a special constable whose powers under these regulations are limited by the Commissioner of Police in accordance with that Act);\nregulated substance means petrol;\nresidential property means premises (including any yard of the premises) that are the subject of a residential tenancy agreement that is in force;\nUmoona Community means the whole of the land contained in Certificate of Title Register Book Volume 5581 Folio 257 and Certificate of Title Register Book Volume 5370 Folio 179;\nYalata Reserve means the whole of the land contained in Certificate of Title Register Book Volume 5834 Folio 851.\n\t(2)\tFor the purposes of these regulations, a cask of alcoholic liquor will be taken to have been opened if the tap comprising part of the container is protruding through the external carton.\nPart 2—Control of alcoholic liquor and regulated substances on Umoona Community\n4—Prohibition of possession or consumption of alcoholic liquor on Umoona Community\n\t(1)\tA person must not, while he or she is on any part of Umoona Community, possess or consume alcoholic liquor.\nMaximum penalty: $1 250.\nExpiation fee: $160.\n\t(2)\tSubregulation (1) does not apply to—\n\t(a)\tthe possession of alcoholic liquor by a person for the purposes of, or the consumption of alcoholic liquor by a person in the course of, a sacramental or other similar observance that takes place in the course of, or constitutes part of, a religious service; or\n\t(b)\tthe possession of alcoholic liquor by a medical practitioner or pharmacist for the purpose of sale or supply as a medicine or for specific medical reasons; or\n\t(c)\tthe possession or consumption by a person, as a medicine or for specific medical reasons, of alcoholic liquor that has been lawfully prescribed or administered by or pursuant to a direction of a medical practitioner or pharmacist.\n5—Prohibition of sale or supply of alcoholic liquor on Umoona Community\n\t(1)\tA person must not, while he or she is on any part of Umoona Community, sell or supply alcoholic liquor to another person.\nNote—\nThe maximum penalty for an offence against this regulation is $2 000 or imprisonment for 6 months—see section 49(3) of the Act.\n\t(2)\tSubregulation (1) does not apply to—\n\t(a)\tthe supply of alcoholic liquor by a person in the course of a sacramental or other similar observance that takes place in the course of, or constitutes part of, a religious service; or\n\t(b)\tthe sale or supply of alcoholic liquor as a medicine or for specific medical reasons by a medical practitioner or pharmacist.\n6—Prohibition of inhalation, consumption, possession, sale or supply of regulated substances on Umoona Community\n\t(1)\tA person must not, while he or she is on any part of Umoona Community—\n\t(a)\tinhale or consume a regulated substance; or\n\t(b)\tpossess a regulated substance for the purpose of inhalation or consumption.\nMaximum penalty: $1 250.\nExpiation fee: $160.\n\t(2)\tA person must not, while he or she is on any part of Umoona Community, sell or supply a regulated substance to another person knowing or there being reasonable grounds for suspecting that the other person intends to—\n\t(a)\tuse the regulated substance for the purpose of inhalation or consumption; or\n\t(b)\tsell or supply the regulated substance for the purpose of inhalation or consumption.\nNote—\nThe maximum penalty for an offence against this subregulation is $2 000 or imprisonment for 6 months—see section 49(3) of the Act.\n7—Confiscation of alcoholic liquor and regulated substances\nWhere a police officer reasonably suspects that a contravention of regulation 4(1), 5(1) or 6 has occurred, he or she may confiscate any alcoholic liquor or regulated substance to which the suspected contravention relates.\nPart 3—Control of alcoholic liquor and regulated substances on Yalata Reserve\n8—Prohibition of possession or consumption of alcoholic liquor on Yalata Reserve\n\t(1)\tA person must not, while he or she is on any part of Yalata Reserve, possess or consume alcoholic liquor.\nMaximum penalty: $1 250.\nExpiation fee: $160.\n\t(2)\tSubregulation (1) does not apply to—\n\t(a)\tthe possession of alcoholic liquor by a person for the purposes of, or the consumption of alcoholic liquor by a person in the course of, a sacramental or other similar observance that takes place in the course of, or constitutes part of, a religious service; or\n\t(b)\tthe possession of alcoholic liquor by a medical practitioner or pharmacist for the purpose of sale or supply as a medicine or for specific medical reasons; or\n\t(c)\tthe possession or consumption by a person, as a medicine or for specific medical reasons, of alcoholic liquor that has been lawfully prescribed or administered by or pursuant to a direction of a medical practitioner or pharmacist.\n9—Prohibition of sale or supply of alcoholic liquor on Yalata Reserve\n\t(1)\tA person must not, while he or she is on any part of Yalata Reserve, sell or supply alcoholic liquor to another person.\nNote—\nThe maximum penalty for an offence against this regulation is $2 000 or imprisonment for 6 months—see section 49(3) of the Act.\n\t(2)\tSubregulation (1) does not apply to—\n\t(a)\tthe supply of alcoholic liquor by a person in the course of a sacramental or other similar observance that takes place in the course of, or constitutes part of, a religious service; or\n\t(b)\tthe sale or supply of alcoholic liquor as a medicine or for specific medical reasons by a medical practitioner or pharmacist.\n10—Prohibition of inhalation, consumption, possession, sale or supply of regulated substances on Yalata Reserve\n\t(1)\tA person must not, while he or she is on any part of Yalata Reserve—\n\t(a)\tinhale or consume a regulated substance; or\n\t(b)\tpossess a regulated substance for the purpose of inhalation or consumption.\nMaximum penalty: $1 250.\nExpiation fee: $160.\n\t(2)\tA person must not, while he or she is on any part of Yalata Reserve, sell or supply a regulated substance to another person knowing or there being reasonable grounds for suspecting that the other person intends to—\n\t(a)\tuse the regulated substance for the purpose of inhalation or consumption; or\n\t(b)\tsell or supply the regulated substance for the purpose of inhalation or consumption.\nNote—\nThe maximum penalty for an offence against this subregulation is $2 000 or imprisonment for 6 months—see section 49(3) of the Act.\n11—Confiscation of alcoholic liquor and regulated substances\nWhere a police officer reasonably suspects that a contravention of regulation 8(1), 9(1) or 10 has occurred, he or she may confiscate any alcoholic liquor or regulated substance to which the suspected contravention relates.\nPart 3A—Control of alcoholic liquor on Davenport Community\nDivision 1—Acknowledgement of Davenport community and purpose of Part\n11A—Acknowledgement of Davenport community and purpose of Part\n\t(1)\tThis Part is a result of the initiative of the members of the Davenport community.\n\t(2)\tThe main purpose of this Part is to support the Davenport community's vision of a safe, responsible and respectful community in which alcohol‑related harm is reduced.\nDivision 2—Possession and consumption of liquor prohibited\n11B—Prohibition of possession or consumption of alcoholic liquor in Davenport Community dry zone\n\t(1)\tA person must not, while in any part of the Davenport Community dry zone, possess or consume alcoholic liquor.\nNote—\nThe penalties for an offence against this subregulation are set out in subregulation (3)(c).\n\t(2)\tHowever, subregulation (1) does not apply to the possession or consumption of alcoholic liquor in the following circumstances:\n\t(a)\tthe possession of alcoholic liquor by a person who is genuinely passing through the Davenport Community dry zone, or who is passing through the dry zone to enter or leave an excluded area within the dry zone, where—\n\t(i)\tthe alcoholic liquor is in the original container in which it was purchased; and\n\t(ii)\tthe container has not been opened;\n\t(b)\tthe possession of alcoholic liquor by a person who is genuinely supplying the alcoholic liquor to a person in the circumstances contemplated by regulation 11C(2)(a), where—\n\t(i)\tthe alcoholic liquor is in the original container in which it was purchased; and\n\t(ii)\tthe container has not been opened;\n\t(c)\tthe possession of alcoholic liquor by a health professional (being alcoholic liquor genuinely used for medical purposes);\n\t(d)\tthe possession or consumption of alcoholic liquor by a person to whom the alcoholic liquor was lawfully sold, supplied or administered by a health professional for medical purposes.\n\t(3)\tThe following provisions apply to the sentencing of a person for an offence against subregulation (1) (and, in such a case, the measures set out in this regulation will, for all purposes, be taken to amount to the sentencing of the person for the contravention):\n\t(a)\tthe primary purpose of a sentence under this regulation is to effect the rehabilitation, and an improvement in the health and wellbeing, of the person without imposing additional financial burdens on the person or their family;\n\t(b)\ta custodial sentence or monetary fine must not be imposed on the person;\n\t(c)\tthe sentences that may be imposed by the court under this regulation are as follows:\n\t(i)\tthe court may discharge the person without penalty;\n\t(ii)\tthe court may caution the person;\n\t(iii)\tthe court may make such of the following orders as the court considers appropriate:\n\t(A)\tan order, made with the consent of the person, that the person undertake a specified drug or alcohol screening or assessment;\n\t(B)\tan order imposing on the person community service to be undertaken within the Davenport Community;\n\t(C)\tan order barring the person from remaining on, or re‑entering, the Davenport Community during the period specified in the order;\n\t(D)\tsuch other orders as the court considers appropriate, having regard to paragraph (a);\n\t(d)\tthe court may sentence the person without requiring the person to attend court in person.\n\t(4)\tBefore sentencing a person for an offence against subregulation (1), the court may, if the court considers it appropriate to do so—\n\t(a)\tconvene a sentencing conference; and\n\t(b)\ttake into consideration views expressed at the conference.\n\t(5)\tThe following persons are entitled to attend a sentencing conference convened under this regulation:\n\t(a)\tthe defendant and, if the defendant is a child, the defendant's parent or guardian;\n\t(b)\tthe defendant's legal representative (if any);\n\t(c)\ta person regarded by the defendant, and accepted within the Davenport Community, as an Aboriginal Elder, or as a Respected Person within the Davenport Community;\n\t(d)\ta representative of the Davenport Community;\n\t(e)\ta representative of an approved screening organisation who has previously screened the defendant under Division 5;\n\t(f)\ta representative of a program provider who has provided, or is to provide, drug or alcohol services to the defendant;\n\t(g)\tthe prosecutor,\nand the court may invite such other persons as the court considers appropriate to attend the conference.\n\t(6)\tThe court may determine the procedures of a sentencing conference.\n\t(7)\tA person who, without reasonable excuse, refuses or fails to comply with an order of a court under subregulation (3)(c)(iii) is guilty of a contempt of the court.\n\t(8)\tIn this regulation—\napproved screening organisation has the same meaning as in Division 5.\nDivision 3—Sale or supply of alcoholic liquor prohibited\n11C—Prohibition of sale or supply of alcoholic liquor in Davenport Community dry zone\n\t(1)\tA person must not, while in any part of the Davenport Community dry zone, sell or supply alcoholic liquor to another person.\nNote—\nThe maximum penalty for an offence against this regulation is $2 000 or imprisonment for 6 months—see section 49(3) of the Act.\n\t(2)\tHowever, subregulation (1) does not apply to—\n\t(a)\tthe supply of alcoholic liquor to a person who is 18 years of age or more in the Davenport Community dry zone where—\n\t(i)\tthe person is, by reason of age, illness or other infirmity, unable to obtain alcoholic liquor in person; and\n\t(ii)\tthe supply occurs at the request of the person; and\n\t(iii)\tthe person supplying the alcoholic liquor does not make a profit in relation to doing so; or\n\t(b)\tthe sale or supply of alcoholic liquor by a health professional (being alcoholic liquor genuinely used for medical purposes).\nDivision 4—Confiscation of alcoholic liquor\n11D—Confiscation of alcoholic liquor\nIf a police officer reasonably suspects that a contravention of this Part has occurred, the officer may confiscate any alcoholic liquor to which the suspected contravention relates.\nDivision 5—Referrals of certain persons misusing alcohol for screening\n11E—Interpretation\nIn this Division—\napproved screening organisation means a person or body declared by a Davenport Community Alcohol Screening MOU to be an approved screening organisation for the purposes of this Division (being a person or body who delivers health and wellbeing services or programs wholly or partly funded by the State or the Commonwealth);\nDavenport Community Alcohol Screening MOU, in respect of a particular approved screening organisation, means a memorandum of understanding between SA Police and the approved screening organisation relating to referrals for screening under this Division, as in force from time to time.\n11F—Police officer may refer person to approved screening organisation for screening\n\t(1)\tIf a police officer reasonably suspects that—\n\t(a)\ta person has committed an offence against regulation 11B; and\n\t(b)\tthe person may be at risk due to the misuse of alcoholic liquor,\nthe police officer may refer the person to an approved screening organisation for screening in accordance with this regulation.\n\t(2)\tA police officer refers a person to an approved screening organisation for screening by giving the person a written notice (a referral notice) in accordance with the Davenport Community Alcohol Screening MOU in respect of the approved screening organisation.\n\t(3)\tA copy of the referral notice must be forwarded to the approved screening organisation to which the person is referred (including, without limiting this regulation, by email or other electronic means).\n11G—Interaction with Division 2\nA referral of a person to an approved screening organisation under regulation 11F relating to an alleged offence against regulation 11B operates as a stay of proceedings (if any) for the alleged offence.\n11H—Confidentiality\nA person who is, or has been, engaged in duties related to the operation or administration of this Division must not disclose personal information relating to a person referred for screening under this Division obtained in the course of those duties, unless the disclosure is made—\n\t(a)\tfor the purposes of the administration, operation or enforcement of this Division; or\n\t(b)\tas authorised or required by any Act or law; or\n\t(c)\twith the consent of the person to whom the information relates.\nMaximum penalty: $1 250.\nPart 4—Miscellaneous\n12—Vacation of office—prescribed offences\nFor the purposes of section 14(4)(d) of the Act, an offence against Part 5 (Offences of dishonesty) of the Criminal Law Consolidation Act 1935 is a prescribed offence.\n13—Register of Trust Land\n\t(1)\tFor the purposes of section 42(2) of the Act, the Register must include the following information in relation to each piece of Trust Land:\n\t(a)\tdetails of the certificate or certificates of title for the land, including—\n\t(i)\tthe Volume and Folio numbers; and\n\t(ii)\tthe description of the land; and\n\t(iii)\tany registered interests or charges; and\n\t(iv)\tany other interest or instrument noted against the land;\n\t(b)\tdetails of all known interests held in relation to the land that are not registered or noted on the certificate or certificates of title, which must include a description of the land the subject of the interest;\n\t(c)\tdetails of any development authorisation granted under the Development Act 1993 or the Planning, Development and Infrastructure Act 2016 that affects the piece of Trust Land, including—\n\t(i)\tthe name of the applicant in respect of the development authorisation; and\n\t(ii)\tthe number of the development authorisation; and\n\t(iii)\tthe relevant authority that granted the development authorisation; and\n\t(iv)\tthe date the development authorisation was granted; and\n\t(v)\tthe location and nature of the proposed development.\n\t(2)\tIf a lease or licence exists in relation to Trust Land, the following details of the lease or licence must be included in the Register under subregulation (1):\n\t(a)\tthe name and contact details of the lessee or licensee;\n\t(b)\ta description of the land the subject of the lease or licence;\n\t(c)\tthe commencement date;\n\t(d)\tthe expiry date;\n\t(e)\tthe purpose for which the lease or licence is held.\n14—Fees\nFor the purposes of the Act and these regulations, the fees set out in Schedule 1 are prescribed.\n15—References to Ministerial consent in continued leases and licences\n\t(1)\tPursuant to section 69(2) of the Act, a provision of a lease or licence continued by Schedule 1 clause 10 of the Act referring to the need for the written consent of a Minister to be obtained before land subject to the lease or licence can be encumbered, mortgaged, sublet or assigned, or before the lessee or licensee can part with possession of the land, is void and of no effect.\n\t(2)\tPursuant to section 69(4) of the Act, subregulation (1) will, in respect of a particular lease or licence continued by Schedule 1 clause 10 of the Act, be taken to take effect on the day that the lease or licence was granted.\nSchedule 1—Fees\n\nMaximum fee for a copy of part of the Register\n$1.60 per page\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of these regulations (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation revoked by principal regulations\nThe Aboriginal Lands Trust Regulations 2014 revoked the following:\nAboriginal Lands Trust (Umoona Community) Regulations 2007\nAboriginal Lands Trust (Yalata Reserve) Regulations 2005\nPrincipal regulations and variations\nNew entries appear in bold.\nYear\nNo\nReference\nCommencement\n2014\n32\nGazette 6.2.2014 p558\n1.7.2014: r 2\n2018\n221\nGazette 18.10.2018 p3823\n18.10.2018: r 2\n2024\n64\nGazette 4.7.2024 p2023\n15.11.2024: r 2\nProvisions varied\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nPt 1\n\n\nr 2\nomitted under Legislation Revision and Publication Act 2002\n18.10.2018\nr 3\n\n\nr 3(1)\nr 3 redesignated as r 3(1) by 64/2024 r 3(3)\n15.11.2024\nDavenport Community\ninserted by 64/2024 r 3(1)\n15.11.2024\nDavenport Community dry zone\ninserted by 64/2024 r 3(1)\n15.11.2024\nentertainment area\ninserted by 64/2024 r 3(1)\n15.11.2024\nexcluded area\ninserted by 64/2024 r 3(1)\n15.11.2024\nresidential property\ninserted by 64/2024 r 3(2)\n15.11.2024\nr 3(2)\ninserted by 64/2024 r 3(3)\n15.11.2024\nPt 3A\ninserted by 64/2024 r 4\n15.11.2024\nPt 4\n\n\nr 13\n\n\nr 13(1)\nvaried by 221/2018 r 4\n18.10.2018\nr 15\ninserted by 221/2018 r 5\n18.10.2018\nSch 2\nomitted under Legislation Revision and Publication Act 2002\n18.10.2018\nHistorical versions\n18.10.2018\n\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"Yes. The Regulations were broadened beyond their earlier, narrower purpose. Earlier instruments covered site‑specific controls for Umoona and Yalata; the 2024 variation inserted a new Part 3A for the Davenport Community which introduces a materially different approach: a community‑initiated dry zone, narrowly tailored exceptions, a diversionary/rehabilitative sentencing regime (expressly excluding fines and imprisonment), and a police referral‑for‑screening mechanism implemented by MOUs (regs 11A–11H). In addition, 2018 amendments expanded administrative obligations (detailed Register content in reg 13) and removed certain ministerial consent requirements for continued leases (reg 15). These additions extend the Regulations from straightforward prohibitions and confiscation powers to include health‑sector referrals, court procedural rules, expanded recordkeeping obligations and novel non‑custodial sentencing arrangements for one community."},"complexity_factors":["13 defined terms inserted or consolidated in regulation 3 (e.g. Davenport Community, dry zone, regulated substance, entertainment area, excluded area).","Three separate site‑specific Parts with similar but not identical prohibitions (Umoona Part 2, Yalata Part 3, Davenport Part 3A) increasing branching logic.","Davenport Part 3A contains multiple layers: (a) possession/sale prohibitions with multiple narrow exceptions (reg 11B(2), 11C(2)); (b) an alternative sentencing regime with a menu of non‑custodial orders and procedural rules including sentencing conferences (reg 11B(3)–(6)); (c) a police referral/designated MOU mechanism with stay of proceedings (regs 11E–11G).","Cross‑references to external laws and instruments (Health Practitioner Regulation National Law, Police Act 1998, Development Act 1993, Planning, Development and Infrastructure Act 2016, Criminal Law Consolidation Act 1935 and to sections of the primary Act).","Specific administrative obligations for the Register with detailed sub items (reg 13(1)(a)–(c) and reg 13(2) — multiple data fields).","Penalty structure variations: summary penalties and expiation fees for possession/consumption offences, and higher maximum penalties or imprisonment for sale/supply offences (mixed penalty regimes).","Confidentiality offence with maximum penalty attached for persons handling screening information (reg 11H).","Recent amendments and insertions across years (2018 and 2024) mean readers must track variations — the instrument consolidates prior site‑specific regulations but has been expanded (legislative history)."],"plain_english_summary":"**What this instrument does (mechanically)**\n\n- The Regulations make specific rules that apply to particular parcels of Aboriginal Trust land in South Australia: Umoona Community, Yalata Reserve, and (since 2024) the Davenport Community (see definitions in regulation 3).\n\n- For Umoona and Yalata the Regulations: \n  - Prohibit possession and consumption of alcoholic liquor while on those lands (regs 4(1) and 8(1)).\n  - Prohibit sale or supply of alcoholic liquor on those lands (regs 5(1) and 9(1)).\n  - Prohibit inhalation, consumption, possession for that purpose, and sale/supply of the regulated substance (defined as petrol) for inhalation/consumption on those lands (regs 6 and 10).\n  - Authorise police to confiscate alcohol or regulated substances if a police officer reasonably suspects a contravention (regs 7 and 11).\n  - Provide limited exceptions for sacramental/religious use and for medical use or supply by registered medical practitioners or pharmacists (regs 4(2), 5(2), 8(2), 9(2)).\n  - Set maximum penalties and expiation (on‑the‑spot) fees for contraventions (see the relevant prohibition regs and notes).\n\n- For the Davenport Community the Regulations (inserted 2024) create a distinct regime: \n  - Define a Davenport Community “dry zone” and some excluded areas (reg 3 definitions; reg 11A states purpose) and then prohibit possession/consumption and sale/supply of alcohol in that dry zone (regs 11B and 11C).\n  - Provide a number of narrowly described exceptions (e.g. passing through with unopened original containers; supplies to people who cannot obtain liquor in person where no profit is made; medical uses) (reg 11B(2), 11C(2)).\n  - Provide an alternative sentencing framework for people charged with possession/consumption in the Davenport dry zone that emphasises rehabilitation and health‑oriented responses and expressly excludes custodial sentences and monetary fines (reg 11B(3)).\n  - Allow the court to convene a sentencing conference that may include community Elders, community representatives and program providers (reg 11B(4)–(6)).\n  - Authorise police to refer a person suspected of a Davenport dry‑zone offence to an approved screening organisation for health screening under a memorandum of understanding (regs 11E–11F), with referral operating as a stay of criminal proceedings while screening occurs (reg 11G).\n  - Require confidentiality of personal information obtained under the screening/referral regime, subject to limited exceptions (reg 11H).\n\n- Administrative and miscellaneous provisions:\n  - The Register of Trust Land must include detailed title, interest, and development‑authorisation information for each parcel of Trust land (reg 13(1)–(2)).\n  - Certain offences (dishonesty offences under Part 5 of the Criminal Law Consolidation Act 1935) are treated as “prescribed offences” for the purposes of vacation of office under the Aboriginal Lands Trust Act (reg 12).\n  - Fees are prescribed for inspection or copies of the Register (Schedule 1, and reg 14) and a specific provision voids older lease clauses requiring ministerial consent to encumber or assign land (reg 15).\n\n**Who is affected**\n\n- Residents, visitors and anyone present on Umoona Community, Yalata Reserve, and the Davenport Community dry zone are directly affected by the prohibitions and penalties (regs 3 definitions; Parts 2, 3 and 3A).\n- Persons who attempt to sell or supply alcohol or the regulated substance (petrol) on those lands are subject to criminal liability (regs 5, 6, 9, 10, 11C).\n- Police are empowered to confiscate alcohol/petrol where they reasonably suspect an offence and, in Davenport, to refer persons for screening under a signed memorandum of understanding (regs 7, 11, 11F).\n- Courts hearing Davenport dry‑zone matters must apply the diversionary/rehabilitative sentencing options and may use sentencing conferences involving community representatives (reg 11B(3)–(6)).\n- Organisations that deliver health and wellbeing services (if declared in the local MOU) may receive referrals from police for screening (reg 11E–11F).\n- Land managers and the Aboriginal Lands Trust must maintain a more detailed Register of Trust Land and can charge the prescribed fees for copies (reg 13; Schedule 1).\n\n**Why it matters (official purpose and the practical mechanics that implement it)**\n\n- The Regulations implement site‑specific controls on alcohol and petrol misuse on named Trust lands by creating criminal prohibitions backed by confiscation powers and penalties (Parts 2 and 3). The stated purpose for the Davenport provisions is to support the Davenport community’s local vision of reducing alcohol‑related harm and to provide locally appropriate processes (reg 11A).\n\n- For Davenport, the instrument goes further than a simple prohibition: it builds procedural alternatives to standard criminal sanctions (rehabilitative sentencing options, community sentencing conferences, and referral-to‑screening arrangements) that operate through MOUs between police and approved health providers. Mechanically, a police referral pauses criminal proceedings and channels the person into a health screening pathway (regs 11F–11G).\n\n**Costs, incentives and trade‑offs (practical effects to watch for)**\n\n- Who pays: Individuals on the named lands bear legal risk for possession, consumption or supply of alcohol or petrol (penalties in regs 4–6, 8–11C). The State pays enforcement costs (police time, administration of MOUs, and court time for conferencing and non‑custodial sentencing). Health providers that enter MOUs may need allocation of resources to perform screening and follow‑up.\n\n- Incentives and behavioural effects: The prohibition + confiscation model creates a deterrent to bringing or using alcohol/petrol on these lands. The Davenport diversionary regime creates an incentive for police and courts to refer people into health screening rather than impose fines or imprisonment (regs 11B(3), 11F–11G). Exceptions for passing through in original unopened containers allow limited transit without criminality, which reduces friction for travellers (reg 11B(2)(a)).\n\n- Administrative and implementation risks: The Davenport screening pathway depends on local MOUs between SA Police and “approved screening organisations” (reg 11E). Effectiveness depends on those MOUs being in place, resourcing of the approved organisations, and record‑keeping/confidentiality (reg 11H). Courts must operate sentencing conferences and non‑custodial orders, which requires procedural guidance and local capacity.\n\n- Compliance burden and regulatory reach: The Register obligation (reg 13) requires the Trust to collect and make available more granular title, interest and development‑authorisation data; that increases administrative workload for the Trust and for lessees/licensees whose details must be recorded (reg 13(2)).\n\n- Effects on private enterprise: Sale and supply prohibitions (regs 5, 9, 11C) directly bar commercial activity in alcohol on these lands except where explicitly authorised (religious, medical, or the narrow Davenport exceptions). This constrains any business activity that would otherwise trade in alcohol on those parcels.\n\n- Risk of substitution or circumvention: The regime allows transit with unopened original containers (reg 11B(2)(a)), which means people may shift to storing alcohol off‑site, or to obtaining alcohol outside the dry zones and consuming elsewhere. The petrol ban targets petrol inhalation only (regulated substance = petrol; reg 3), not the fuel’s legal sale and use generally, so ordinary petrol use for vehicles remains outside the offence except where used for inhalation.\n\n**Practical points to watch (implementation detail and discretion)**\n\n- Police discretion is central: officers decide reasonable suspicion, whether to confiscate, and (in Davenport) whether to issue a referral notice under a local MOU (regs 7, 11, 11F).\n- The approved screening organisation concept is delegative: an MOU determines which organisations are authorised and how referrals are handled (reg 11E). The legal effect of a referral (stay of proceedings) is automatic by the regulation (reg 11G) but depends on MOU operation in practice.\n- Courts are given explicit non‑custodial sentencing limits for Davenport matters and the power to make community orders, bans from the community, or require screening and assessments (reg 11B(3)). That changes the ordinary sentencing landscape for those specific offences.\n\n**Key legal citations (selected)**\n- Definitions and scope: regulation 3.\n- Umoona controls: regs 4–7.\n- Yalata controls: regs 8–11.\n- Davenport regime (new Part 3A): regs 11A–11H.\n- Register requirements: reg 13.\n- Fees: reg 14 and Schedule 1.\n- Voidance of ministerial consent clauses in continued leases: reg 15.\n\n"},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not retrievable. The page returned a 'Page Not Found' error. No comparison between original intent and current provisions is possible."},"complexity_factors":["No actual legislative text was available for analysis — the source returned a 404 error page","Regulations of this type typically involve land tenure concepts (how land ownership and use rights are structured) that can be technically complex","Intersection of state law, Commonwealth law, and Aboriginal land rights frameworks adds potential complexity","Without the text, complexity cannot be fully assessed — score reflects typical regulatory instruments of this kind, not a confirmed assessment"],"plain_english_summary":"The Aboriginal Lands Trust Regulations 2014 set out how the Aboriginal Lands Trust operates under the Aboriginal Lands Trust Act 1966 in South Australia, governing use, access, leasing and administrative procedures for Trust land. They primarily affect Aboriginal South Australians who live on or deal with Trust land and anyone seeking access or dealings with that land.\n\nNote: the actual regulation text wasn’t retrieved here; consult legislation.sa.gov.au for the current instrument."},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original scope. Originally (2014), it only covered alcohol and petrol control for Umoona and Yalata with standard punitive penalties. The 2024 amendments added Part 3A for Davenport Community, which introduces an entirely different regulatory philosophy: a health-based, non-punitive model with community-led sentencing conferences, mandatory rehabilitation-focused outcomes, and a police referral system to health services. This represents a shift from simple prohibition-and-penalty to a complex social welfare and justice hybrid model. Additionally, the 2018 amendments added administrative provisions about Ministerial consent in leases and expanded the Register requirements, moving beyond substance control into land administration."},"complexity_factors":["Multiple overlapping regulatory schemes: Three distinct alcohol control regimes (Umoona, Yalata, Davenport) with different penalty structures and exceptions","Nested definitions and exclusions: Davenport Community dry zone defined by reference to excluded areas, which are themselves defined by specific facilities and conditions (e.g., 'abandoned or derelict' residential property exclusion)","Cross-references to external legislation: References to Criminal Law Consolidation Act 1935, Health Practitioner Regulation National Law, Police Act 1998, Development Act 1993, Planning, Development and Infrastructure Act 2016, and the parent Aboriginal Lands Trust Act 2013","Conditional sentencing framework in Division 2 of Part 3A: Complex sentencing hierarchy prohibiting custodial sentences and monetary fines while mandating rehabilitative alternatives, with specific conference attendance rights","Memorandum of Understanding (MOU) mechanism: Division 5 creates a dynamic regulatory layer where approved screening organisations are defined by external MOUs that can change 'from time to time'","Interaction provisions: Regulation 11G creates a stay of proceedings mechanism linking screening referrals to prosecution stays","Temporal and conditional exceptions: Multiple 'unless' and 'if' conditions throughout, particularly regarding when the Davenport Community Hall constitutes an excluded area (only 'during any period that the hall is being used for an organised event')","Technical property law references: Land defined by Certificate of Title Volume and Folio numbers (5 separate title references)"],"plain_english_summary":"This legislation sets rules for three specific Aboriginal communities in South Australia: Umoona, Yalata, and Davenport. It creates alcohol bans and petrol-sniffing bans on these lands, with police powers to confiscate banned items. The rules differ slightly between communities.\n\n**For Umoona and Yalata:**\n- **No alcohol**: You cannot possess, drink, sell, or supply alcoholic drinks on these lands. Exceptions exist for religious ceremonies (like communion wine) and medical use by doctors or pharmacists.\n- **No petrol sniffing**: You cannot inhale, consume, possess, sell, or supply petrol for sniffing purposes.\n- **Police powers**: Officers can confiscate alcohol or petrol if they suspect breaches.\n- **Penalties**: Fines up to $1,250 for possession/consumption; up to $2,000 or 6 months jail for selling/supplying.\n\n**For Davenport (added in 2024):**\n- **Dry zone**: Most of the community is a \"dry zone\" where alcohol is banned, but residential homes and certain facilities are excluded.\n- **Different approach**: Unlike Umoona/Yalata, Davenport uses a health-focused model. Courts cannot impose fines or jail time for alcohol possession. Instead, they can order rehabilitation, community service, or ban the person from the community.\n- **Community involvement**: Sentencing conferences can include Aboriginal Elders and community representatives.\n- **Screening program**: Police can refer people to health services instead of prosecuting them.\n\n**Other provisions:**\n- The regulations also maintain a register of Aboriginal Trust Land and set small fees for copies ($1.60 per page).\n- They remove old requirements for Ministerial consent in some leases.\n\n**Why it matters:** These regulations aim to reduce alcohol-related harm and petrol sniffing in vulnerable Aboriginal communities, while the Davenport provisions represent a shift toward community-led, rehabilitative justice rather than punitive measures."}},"importantCases":[],"_links":{"self":"/api/acts/aboriginal-lands-trust-regulations-2014","history":"/api/acts/aboriginal-lands-trust-regulations-2014/history","analysis":"/api/acts/aboriginal-lands-trust-regulations-2014/analysis","conflicts":"/api/acts/aboriginal-lands-trust-regulations-2014/conflicts","importantCases":"/api/acts/aboriginal-lands-trust-regulations-2014/important-cases","documents":"/api/acts/aboriginal-lands-trust-regulations-2014/documents"}}