{"id":"aboriginal-movement-for-outback-survival-mt-margaret-mission-bylaws","name":"Aboriginal Movement for Outback Survival (Mt Margaret Mission) By-laws","slug":"aboriginal-movement-for-outback-survival-mt-margaret-mission-by-laws","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173543,"registerId":"wa-aboriginal-movement-for-outback-survival-mt-margaret-mission-bylaws-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Aboriginal Movement for Outback Survival (Mt Margaret Mission) By-laws","content":"![Crest]()Western Australia\n\nAboriginal Communities Act 1979\n\nAboriginal Movement for Outback Survival (Mt Margaret Mission) By-laws\n\nWestern Australia\n\nAboriginal Movement for Outback Survival (Mt Margaret Mission) By-laws\n\nContents\n\nPart 1 — Preliminary\n\n1. Citation 1\n\n2. Commencement 1\n\n3. Definitions 1\n\nPart 2 — Community lands\n\n4. Permission required to enter community land 3\n\n5. Remaining on community lands 3\n\n6. Restriction of entry into areas 4\n\n7. Homes 4\n\nPart 3 — Liquor and deleterious substances\n\n8. Restriction of liquor 5\n\n9. Pharmaceutical 5\n\n10. Deleterious substance or petrol 5\n\nPart 4 — Traffic\n\n11. Traffic signs 6\n\n12. Careless and dangerous driving 6\n\nPart 5 — The regulation of other matters\n\n13. Offensive behaviour 7\n\n14. Wilful damage 7\n\n15. Disruption of meetings 7\n\nPart 6 — Enforcement and proceedings\n\n16. Powers of Police 8\n\n17. Procedure 9\n\nPart 7 — Penalties and orders of the Court\n\n18. Penalties 10\n\n19. Defence of acting under custom 10\n\n20. Council members 10\n\nNotes\n\nCompilation table 11\n\nDefined terms\n\n  \n\nWestern Australia\n\nAboriginal Communities Act 1979\n\nAboriginal Movement for Outback Survival (Mt Margaret Mission) By‑laws\n\n## Part 1 — Preliminary\n\n##### 1. Citation\n\nThese by‑laws may be cited as the *Aboriginal Movement for Outback Survival (Mt Margaret Mission) By‑laws* 1*.*\n\n##### 2. Commencement\n\nThese by‑laws shall come into effect when approved by the Governor and published in the *Government Gazette* 1.\n\n##### 3. Definitions\n\nIn these by‑laws unless the context requires otherwise —\n\n  by‑law means one of these by‑laws;  \n\n  community land means that land declared by the Governor under section 6 of the Act to be the community lands of the community;\n\n  the Act means the *Aboriginal Communities Act 1979*;\n\n  the community means (as the context requires) Aboriginal Movement for Outback Survival (Mt Margaret Mission) and that collective group comprising the membership of Aboriginal Movement for Outback Survival (Mt Margaret Mission), their spouses and dependants (where not members in their own right) and member of the community has a correlative meaning;\n\n  liquor means liquor as defined in the *Liquor Licensing Act 1988*;\n\n  deleterious substance means glue or any volatile liquid containing hydrocarbons;\n\n  vehicle means any motor vehicle, designed and manufactured to be capable of self propulsion and includes any trailer or caravan while attached to a vehicle;\n\n  the Council means the Council of Aboriginal Movement for Outback Survival (Mt Margaret Mission).\n\nThese by‑laws shall apply —\n\n(a) on all community land; and\n\n(b) to all persons on community land, whether members of the community or not.\n\n## Part 2 — Community lands\n\n##### 4. Permission required to enter community land\n\nSave as otherwise provided by any law of the State or Commonwealth —\n\n(a) no person who is not recognised by the Council to be Aboriginal, may enter or remain on community land without prior permission of the Council;\n\n(b) such permission may be given either orally or in writing and may be subject to such terms or conditions as the Council sees fit;\n\n(c) the Council may revoke such permission at any time and without the necessity of stating any reason for the action;\n\n(d) the Council may order any person whatsoever (other than a member of the community) to leave community land and to remain off community land for such a time as the Council may direct;\n\n(e) employees of Government Departments of the State or Commonwealth entering or being on community lands in connection with their duties shall be deemed to have permission under paragraph (a);\n\n(f) the Council may act through any of its members to make or to revoke any of the permission or directions referred to in this by‑law.\n\n##### 5. Remaining on community lands\n\n(a) A person who requires permission under these by‑laws shall not enter or remain on community land without permission.\n\n(b) A person who has permission under these by‑laws to enter or remain on community land shall not contravene any term or condition of that permission to be or remain on community land.\n\n(c) Any person ordered by the Council to leave community land shall do so as is reasonably possible.\n\n##### 6. Restriction of entry into areas\n\nSubject to the provisions of any Act or regulation to the contrary —\n\n(a) the Council may place signs on community land for the purpose of prohibiting entry to the part of land on which the sign is placed or to such part of the community land as indicated by the inscription of the sign;\n\n(b) any person who fails to obey directions of the inscription on such a sign commits a breach of these by‑laws.\n\n##### 7. Homes\n\nAny person who is told (by the principal occupant or by the person then in charge thereof) to leave the house of another and who refuses to leave as directed commits a breach of these by‑laws.\n\n## Part 3 — Liquor and deleterious substances\n\n##### 8. Restriction of liquor\n\nThe Council may, in its discretion and subject to such terms, conditions and restrictions as it sees fit —\n\n(a) permit any person to bring, possess, use or supply liquor on community lands;\n\n(b) no person shall, without the permission of the Council, bring, possess, use or supply liquor on community lands;\n\n(c) no person shall enter onto or remain on community land whilst under the influence of liquor to the extent that his behaviour causes alarm, annoyance or upset to members of the community.\n\n##### 9. Pharmaceutical\n\nPharmaceutical preparations and substances properly used in the ordinary course of medical practice shall exempt from the operation of this by‑law whilst in the possession or control of a medical professional or where properly prescribed and issued to a patient by a medical professional.\n\n##### 10. Deleterious substance or petrol\n\n(a) A person shall not be in possession of a deleterious substance or petrol on community land for the purpose of inhalation.\n\n(b) A person shall not sell or supply a deleterious substance or petrol to another person on community land if there are reasonable grounds for suspecting that the other person —\n\n(i) intends to use the deleterious substance or petrol for the purpose of inhalation; or\n\n(ii) intends to sell or supply the deleterious substance or petrol for the purpose of inhalation.\n\n## Part 4 — Traffic\n\n##### 11. Traffic signs\n\n(a) The Council may place signs (traffic signs) on community land for the purpose of regulating vehicle traffic.\n\n(b) Any person who fails to obey the directions of the inscription on a traffic sign commits a breach of these by­-laws.\n\n##### 12. Careless and dangerous driving\n\n(a) No person shall drive a vehicle on community land without due care and attention.\n\n(b) No person shall drive a vehicle on community land in a manner which, having regard to all of the circumstances, is dangerous to any person.\n\n(c) No person shall drive a vehicle owned by the community or leased or hired to the community —\n\n(i) without first having the permission of the Council or of a person placed by the Council in charge or control of the vehicle for the time being;\n\n(ii) when under the influence of liquor or a deleterious substance;\n\n(iii) without being the holder of a current valid motor driver’s licence of a class appropriate to the vehicle to be driven.\n\n## Part 5 — The regulation of other matters\n\n##### 13. Offensive behaviour\n\nNo person shall cause a disturbance or annoyance to other persons by using abusive language, fighting or otherwise behaving in an offensive or disorderly manner.\n\n##### 14. Wilful damage\n\nNo person shall damage any tree, bush, lawn, building, structure, vehicle or other thing, whether the property of the community or of any individual person.\n\n##### 15. Disruption of meetings\n\nNo person shall interrupt any meeting of the Council or of the community, or any customary meeting, by noise or any offensive or disorderly behaviour.\n\n## Part 6 — Enforcement and proceedings\n\n##### 16. Powers of Police\n\nA member of the Police Force may —\n\n(a) take proceedings against any person for a breach of these by‑laws;\n\n(b) where any person has committed or is found committing an offence against these by‑laws and it appears to the Police Officer on reasonable grounds to be likely that injury to persons or damage to property will be caused by that person if left at large; apprehend and remove that person from community land;\n\n(c) request the name and address of any person who he believes on reasonable grounds —\n\n(i) to be on community land, in breach of any by‑law; or\n\n(ii) to have, while on community land, committed a breach of a by‑law;\n\n(d) if he has reasonable cause to suspect that liquor or a deleterious substance is in any vehicle in contravention of these by‑laws, stop, detain and search such vehicle and seize any liquor or deleterious substance and any receptacle containing liquor or a deleterious substance which he may find in or on the vehicle and may retain in his custody or control any property so seized until dealt with according to these by­-laws;\n\n(e) if a liquor or a deleterious substance is found in a vehicle through the exercise of the power conferred by by‑law 17, seize the vehicle, search and detain it for up to maximum period of 14 days if such is considered necessary by the Police Officer, on reasonable grounds to prevent a repetition of the prescribed conduct.\n\n##### 17. Procedure\n\nSubject to the *Child Welfare Act 1947*, proceedings for an offence against by‑law shall be commenced by the way of complaint and summons under and in accordance with the *Justices Act 1902* and shall be commenced within 6 months after the offence was committed.\n\n## Part 7 — Penalties and orders of the Court\n\n##### 18. Penalties\n\n(a) Any person who breaches or fails to comply with any of these by‑laws is guilty of an offence and is liable to a fine of not more than $100.\n\n(b) In addition to any fine imposed under paragraph (a), the Court may order any person convicted of an offence under these by‑laws to pay compensation not greater than $250 to the community or to any person, where, in the course of committing the offence, the person convicted has caused damage to property of the community or of that other person.\n\n(c) In any prosecution for an offence under these by‑laws having as an element the possession or use of a prohibited substance a Court upon proceeding to conviction of the person charged may make such orders as it sees fit concerning the destruction, disposal or forfeiture of property seized pursuant to an exercise of the power contained in by‑law 16(d).\n\n[By‑law 18 amended: Gazette 14 May 2004 p. 1452.]\n\n##### 19. Defence of acting under custom\n\nIt is a defence to a complaint of an offence against these by‑laws to show that the defendant was acting under and excused by a custom of the community.\n\n##### 20. Council members\n\n(a) Council member who is charged with an offence against by‑law 8 shall be deemed to have ceased to be effective Councillor.\n\n(b) In the event that such charge against the Council member is withdrawn or is dismissed after trial then, by that occurrence he shall be restored to his former position.\n\nNotes\n\n1 This is a compilation as at 8 April 2005 of the *Aboriginal Movement for Outback Survival (Mt Margaret Mission) By-laws* and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.\n\nCompilation table\n\n| **Citation** | **Gazettal** | **Commencement** |\n| --- | --- | --- |\n| *Aboriginal Movement for Outback Survival (Mt Margaret Mission) By‑laws* | 21 Jun 1991 p. 3011‑4 | 21 Jun 1991 |\n| *Sentencing Legislation (Short Sentences ‑ Aboriginal Community By‑Laws) Amendment Regulations 2004* r. 3 | 14 May 2004 p. 1451‑8 | 15 May 2004 (see r. 2 and *Gazette* 14 May 2004 p. 1445) |\n| **Reprint 1: The *Aboriginal Movement for Outback Survival (Mt Margaret Mission) By‑laws* as at 8 Apr 2005** (includes amendments listed above) | | |\n\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\nby‑law 3\n\ncommunity land 3\n\ndeleterious substance 3\n\nliquor 3\n\nmember of the community 3\n\nthe Act 3\n\nthe community 3\n\nthe Council 3\n\ntraffic signs 11(a)\n\nvehicle 3\n","sortOrder":0}],"analysis":{"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as no legislative content was provided. The submission contains only a webpage error message indicating the content is unavailable."},"complexity_factors":["No legislative content is present — the page is a broken/missing link error message","Cannot assess legal complexity without the actual text of the by-laws","The only readable content is a standard website error notice and an Acknowledgement of Country"],"plain_english_summary":"This page no longer displays the Aboriginal Movement for Outback Survival (Mt Margaret Mission) by‑laws; the actual rules aren’t available here due to a website change. If you need the by‑laws, consult the Western Australian legislation site or contact the Parliamentary Counsel’s Office. \n\nLikely governing local matters for the Mt Margaret Mission community and affecting residents and stakeholders in that remote Aboriginal community, the missing text prevents any substantive review or analysis."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The compilation notes an amendment made by the Sentencing Legislation (Short Sentences - Aboriginal Community By‑Laws) Amendment Regulations 2004 (gazetted 14 May 2004) affecting by‑law 18, and a reprint as at 8 Apr 2005. The recorded amendment indicates the by‑laws' penalty/sentencing provisions were modified after the original 1991 gazettal."},"complexity_factors":["Broad territorial scope and applicability to all persons on community land (definitions and application clauses in by‑law 3).","Strong local discretion: Council may grant, condition or revoke permission to enter or remain, and may place prohibitory and traffic signs (by‑laws 4, 6, 11).","Multiple behavioural controls with differing standards (entry permission, liquor restrictions, offensive behaviour, wilful damage, disruption of meetings) requiring compliance across social and private settings (by‑laws 4, 8, 13–15).","Targeted substance rules and medical exemption: prohibition on deleterious substances/petrol for inhalation plus exemption for pharmaceutical use by medical professionals (by‑laws 9–10).","Traffic and vehicle rules include licence and permission requirements for community vehicles and general duties not to drive carelessly or dangerously (by‑law 12).","Enforcement powers vested in police are broad: commence proceedings, require name/address, apprehend and remove persons, stop, detain and search vehicles, seize liquor/substances and detain vehicles up to 14 days (by‑law 16(d)–(e)).","Procedural ties to other statutes and limits on prosecutions: proceedings via complaint and summons under the Justices Act, subject to the Child Welfare Act, with a 6‑month time limit (by‑law 17).","Low monetary penalties but ancillary remedies: fines up to $100 and possible court‑ordered compensation up to $250; courts may also order destruction or forfeiture of seized property (by‑law 18).","Cultural/legal interface: a defence exists where the defendant was acting under and excused by a community custom (by‑law 19), introducing an evidentiary and legal interaction point.","Governance repercussions: a Council member charged under the liquor by‑law is deemed to have ceased as an effective councillor pending withdrawal or dismissal of the charge (by‑law 20)."],"plain_english_summary":"These by‑laws set rules for Mt Margaret Mission community land: who may enter or remain, how liquor, volatile inhalants, vehicles and behaviour are regulated, and how breaches are enforced. The Council controls permission to be on the land and may place signs and conditions; police may apprehend, search and seize and courts may impose small fines or order compensation. The rules apply to all people on community land."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The by-laws appear to maintain their original scope as a local regulatory instrument for the Mt Margaret Mission community under the Aboriginal Communities Act 1979. The 2004 amendment (noted in the compilation table) appears to relate to sentencing procedures for short sentences rather than expanding the substantive scope of the by-laws. The document remains focused on the core purposes of land access control, alcohol/substance regulation, traffic management, and public order maintenance as originally intended."},"complexity_factors":["Short document: only 20 by-laws across 7 Parts","Minimal cross-referencing: only references to the Aboriginal Communities Act 1979, Liquor Licensing Act 1988, Child Welfare Act 1947, and Justices Act 1902","Simple conditional logic: most provisions use straightforward 'no person shall' prohibitions without nested exceptions","Only 9 defined terms in the interpretation section (by-law 3), plus one additional definition in Part 4","Clear structure following a logical progression (preliminary, land, liquor, traffic, other matters, enforcement, penalties)","Limited penalties section with straightforward monetary fines ($100 max) and compensation orders ($250 max)","Single defence provision (customary law defence in by-law 19) without complex exceptions"],"plain_english_summary":"These by-laws create a local legal framework for the Aboriginal Movement for Outback Survival at Mt Margaret Mission in Western Australia. They give the community's Council significant powers to control who enters their land, regulate alcohol and substance use, manage traffic, and maintain public order.\n\n**Key things the by-laws do:**\n\n*   **Control access to land:** Non-Aboriginal people generally cannot enter the community's land without the Council's permission, which can be revoked at any time without explanation. Government workers on official business are exempt.\n*   **Regulate alcohol:** The Council decides who can bring, possess, or drink alcohol on community land. Being drunk and causing trouble is specifically banned.\n*   **Ban substance abuse:** It's illegal to possess petrol or substances like glue for the purpose of inhalation (sniffing), or to supply them to someone you suspect will sniff them.\n*   **Set traffic rules:** The Council can put up traffic signs, and drivers must have a licence, drive carefully, and get Council permission to drive community vehicles.\n*   **Maintain order:** The rules prohibit offensive behaviour, wilful damage to property, and disrupting Council meetings.\n*   **Police powers:** Police can arrest and remove people causing trouble, search vehicles for alcohol or banned substances, and seize vehicles for up to 14 days.\n\n**Why it matters:**\nThese by-laws allow the community to exercise self-determination by making their own rules about land access, alcohol management, and social conduct—issues that have historically been imposed on Aboriginal communities from outside. The by-laws recognise Aboriginal custom as a legal defence (you won't be convicted if you were following traditional custom), but also create a system where the Council can exclude outsiders and control behaviour on their land. The maximum fine is $100 (though this may have been updated by later regulations), and courts can order compensation up to $250 for damage caused."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/aboriginal-movement-for-outback-survival-mt-margaret-mission-by-laws","history":"/api/acts/aboriginal-movement-for-outback-survival-mt-margaret-mission-by-laws/history","analysis":"/api/acts/aboriginal-movement-for-outback-survival-mt-margaret-mission-by-laws/analysis","conflicts":"/api/acts/aboriginal-movement-for-outback-survival-mt-margaret-mission-by-laws/conflicts","importantCases":"/api/acts/aboriginal-movement-for-outback-survival-mt-margaret-mission-by-laws/important-cases","documents":"/api/acts/aboriginal-movement-for-outback-survival-mt-margaret-mission-by-laws/documents"}}