{"id":"bardi-aborigines-association-inc-bylaws","name":"Bardi Aborigines Association Inc., By-laws","slug":"bardi-aborigines-association-inc-by-laws","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174089,"registerId":"wa-bardi-aborigines-association-inc-bylaws-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Bardi Aborigines Association Inc., By-laws","content":"![Crest]()Western Australia\n\nAboriginal Communities Act 1979\n\nBardi Aborigines Association Inc., By-laws\n\nWestern Australia\n\nBardi Aborigines Association Inc., By-laws\n\nContents\n\nPart A — General\n\n1. Citation 2\n\n2. Interpretation 2\n\n3. Application 2\n\nPart B — Land\n\n4. Permission required to enter and remain on community land 3\n\n5. Being on land contrary to any permission an offence 3\n\n6. Restriction of entry to areas 3\n\n7. Occupier may direct person to leave 3\n\nPart C — Traffic\n\n8. Control of traffic 4\n\nPart D — The regulation of other matters\n\n9. Malicious damage 5\n\n10. Litter 5\n\n11. Offensive behaviour 5\n\n12. Disruption of meetings 5\n\n13. Restriction on alcohol 5\n\n14. Offences relating to alcohol 6\n\n15. Proceedings and apprehension etc. powers 6\n\n16. Penalties 6\n\n17. Defence of acting under custom 7\n\nNotes\n\nCompilation table 8\n\nDefined terms\n\n  \n\nWestern Australia\n\nAboriginal Communities Act 1979\n\nBardi Aborigines Association Inc., By-laws\n\n## Part A — General\n\n##### 1. Citation\n\nThese By‑laws shall be called the *Bardi Aborigines Association Inc., By‑laws* and shall come into operation when approved by the Governor and published in the *Government Gazette*.\n\n##### 2. Interpretation\n\nIn these By‑laws —\n\n  Community means the Bardi Aborigines Association Inc.\n\n  Community Land means that land declared by the Governor under Section 6 of the *Aboriginal Communities Act 1979* to be the community lands of the Bardi Aborigines Association Inc.\n\n  Member of the Community means a member for the time being of the Bardi Aborigines Association Inc. Whether a person is or is not a member for the time being of the Bardi Community is a question of fact to be determined according to the customs of the Bardi Community.\n\nThe Council means the council of management of the Community.\n\n##### 3. Application\n\nThese By‑laws shall apply —\n\n(a) On all community land; and\n\n(b) To all persons on community land.\n\n## Part B — Land\n\n##### 4. Permission required to enter and remain on community land\n\n(1) Except as provided in any Act or Regulation to the contrary, no person other than a member of the community shall come onto community land or remain on community land without the prior permission of the Council which may, in its discretion, grant permission subject to such terms and conditions and restrictions as it sees fit, or refuse permission.\n\n(2) The permission referred to in paragraph (1) of this Clause may be given verbally or in writing and may be revoked by the Council at any time.\n\n##### 5. Being on land contrary to any permission an offence\n\nAny person who comes onto community land without permission of the Council or who, having been given permission on terms and conditions to come onto community land, breaks a term or condition of that permission commits an offence.\n\n##### 6. Restriction of entry to areas\n\n(1) The Council may place signs on community land for the purpose of prohibiting entry to the part of the land on which the sign is placed or to such part of the community land indicated by the inscription on the sign.\n\n(2) An inscription on such a sign operates and has effect according to its tenor and any person who fails to obey the directions on the inscription on such sign commits an offence.\n\n##### 7. Occupier may direct person to leave\n\nAny person who, being in the home occupied by another and upon being directed by the occupier to leave refuses so to leave commits an offence against these By‑laws.\n\n## Part C — Traffic\n\n##### 8. Control of traffic\n\n(1) The Council may place signs called “Traffic Signs” on community land for the purpose of prohibiting, regulating, guiding or directing vehicle traffic.\n\n(2) An inscription on a traffic sign operates and has effect according to its tenor and any person who fails to obey the directions on the inscription on such sign commits an offence.\n\n(3) No person shall drive a vehicle on community land in a careless or dangerous manner.\n\n## Part D — The regulation of other matters\n\n##### 9. Malicious damage\n\nNo person shall maliciously damage any planted tree, bush, flower, lawn, building, structure, vehicle or other thing.\n\n##### 10. Litter\n\nNo person shall, except in rubbish bins or areas set aside by the Council for leaving rubbish, leave rubbish or litter on community land.\n\n##### 11. Offensive behaviour\n\nNo person shall cause a disturbance or annoyance to other persons by using abusive language or fighting or by any other offensive or disorderly behaviour.\n\n##### 12. Disruption of meetings\n\nNo person shall interrupt any meeting of the Council or Community or any customary meeting by noise or by any other disorderly or offensive behaviour.\n\n##### 13. Restriction on alcohol\n\n(1) No person shall bring alcohol onto community land without permission of the Council.\n\n(2) The Council may, in its discretion and subject to such terms, conditions and restrictions as it sees fit, permit any person to bring, possess, use or supply alcohol on community land.\n\n(3) In exercising its discretion under paragraph (2) of this Clause, the Council shall have regard to the welfare of the Community as the paramount consideration.\n\n(4) The permission referred to in paragraph (2) of this Clause may be given verbally or in writing and may be revoked by the Council at any time.\n\n##### 14. Offences relating to alcohol\n\nAny person who brings, possesses or uses alcohol on community land without the permission of the Council, or who supplies it to others on community land without the permission of the Council, or who, having been given permission in relation thereto subject to terms and conditions breaks such terms or conditions commits an offence.\n\n##### 15. Proceedings and apprehension etc. powers\n\nA member of the police force may:\n\n(1)(a) Take proceedings against any person for a breach of these By‑laws.\n\n(b) Where any person has committed or is committing an offence against these By‑laws and it appears likely that injury to persons or damage to property will be caused by that person, apprehend and remove that person from community land for a period not longer than 24 hours or until a Court is convened to deal with the person according to law, whichever is the earlier.\n\n(2) Subject to the Child Welfare Act 1947, proceedings for an offence against a By‑law shall be commenced by way of complaint and summons under and in accordance with the Justices Act 1902 and shall be commenced within six months after the offence was committed.\n\n##### 16. Penalties\n\n(1) Any person who breaks any of these By‑laws is guilty of an offence and is liable to a fine of not more than $100.\n\n(2) In addition to any fine imposed under paragraph (1) of this Clause, the Court may order any person convicted of an offence under these By‑laws to pay compensation not greater than two hundred and fifty dollars to the Community or other 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[By-law 16 amended: Gazette 14 May 2004 p. 1452.]\n\n##### 17. 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 any custom of the Community.\n\nNotes\n\n1 This is a compilation of the *Bardi Aborigines Association Inc. By-laws* and includes the amendments made by the other written laws referred to in the following table.\n\nCompilation table\n\n| **Citation** | **Gazettal** | **Commencement** |\n| --- | --- | --- |\n| *Bardi Aborigines Association Inc., By‑laws* | 7 Nov 1980 p. 3743‑4 | 7 Nov 1980 |\n| *Sentencing Legislation (Short Sentences ‑ Aboriginal Community By‑Laws) Amendment Regulations 2004* r. 4 | 14 May 2004 p. 1451-8 | 15 May 2004 (see r. 2 and *Gazette* 14 May 2004 p. 1445) |\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\nCommunity 2\n\nCommunity Land 2\n\nMember of the Community 2\n\nThe Council 2\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"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as no legislative content was available. The page returned only a system error message indicating the URL is no longer active on the Western Australian legislation website."},"complexity_factors":["No legislative content was retrievable — the page returned a 404-style error message only","Cannot assess complexity of underlying by-laws without access to their text","The score of 1 reflects the absence of any analysable content, not the likely complexity of the actual by-laws"],"plain_english_summary":"**No legislation could be retrieved.**\n\nThe link provided leads to a broken or removed page on the Western Australian legislation website. The actual content of the **Bardi Aborigines Association Inc. By-laws** was not available — only an error message explaining the page no longer exists due to system upgrades.\n\nAs a result, no meaningful analysis of how this law affects you or anyone else can be provided from this source. To find the actual by-laws, you would need to:\n- Navigate the [Western Australian legislation website](https://www.legislation.wa.gov.au) using its menu\n- Contact the Parliamentary Counsel's Office Helpdesk directly\n- Search for the Bardi Aborigines Association Inc. by-laws using the site's search function"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The by‑laws’ territorial and subject scope (application to Bardi community land and persons thereon) remains as originally drafted, but enforcement/sentencing was altered by a 2004 amendment to the penalties provision (By‑law 16) (see compilation table and Gazette reference). That amendment changes sanction magnitude and procedure context while leaving core regulatory reach unchanged."},"complexity_factors":["Council discretion to grant, condition and revoke permission to enter or bring alcohol (Clause 4(1)–(2); Clause 13(2)–(4)) increases administrative and evidentiary uncertainty for visitors.","Membership defined by community custom (Clause 2) creates fact‑based uncertainty about who benefits from relaxed entry rules.","Verbal permissions and revocations (Clause 4(2); Clause 13(4)) raise compliance and proof risks for both Council and visitors.","Enforcement mechanisms combine local by‑law offences with police powers to apprehend/remove persons for up to 24 hours and criminal proceedings under other Acts (Clause 15(1)(b); Clause 15(2)), requiring cross‑statutory reading.","Low, fixed maximum penalties and separate compensation order (By‑law 16) limit sentencing complexity but were amended (see compilation table), so historical variations must be checked.","Broad, open‑ended offence descriptions (e.g. ‘offensive or disorderly behaviour’, Clauses 9–12) require fact‑intensive interpretation.","Defence of acting under community custom (Clause 17) imports cultural fact‑finding into legal proceedings."],"plain_english_summary":"These by‑laws set out who may be on Bardi community land and what behaviour is allowed there: entry requires the Council’s permission, vehicle use and alcohol are regulated, and offences cover damage, litter, offensive or disruptive conduct and ignoring posted signs. The rules apply to everyone on community land; the Council decides permissions and conditions (which may be verbal and revocable) and police may prosecute or temporarily remove offenders. Penalties include fines (up to $100) and possible compensation."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The by-laws remain focused on their original purpose: providing a basic regulatory framework for entry, conduct, and alcohol control on Bardi community land. The single amendment noted (2004) adjusted penalty provisions but did not expand the substantive scope beyond the original intent of local community governance."},"complexity_factors":["Short document (17 clauses across 4 Parts)","Only 4 defined terms in the interpretation section","Minimal cross-referencing (only references to the parent Aboriginal Communities Act 1979 and standard procedural statutes like the Justices Act 1902)","Straightforward conditional logic (if/then offence structures) without nested exceptions","Clear structure with descriptive headings","One amendment noted (penalty provision in 2004) but core text remains simple"],"plain_english_summary":"These are local rules (called 'by-laws') made by the Bardi Aborigines Association in Western Australia under the Aboriginal Communities Act 1979. They set out the rules for living on and visiting Bardi community land.\n\n**What these by-laws do:**\n\n*   **Control who can enter:** Only members of the Bardi community can enter the land freely. Everyone else needs permission from the Community Council, which can be given verbally or in writing and can be revoked at any time. Entering without permission, or breaking the conditions of permission, is an offence.\n*   **Protect private spaces:** If someone is in another person's home and refuses to leave when asked by the occupier, they commit an offence.\n*   **Manage traffic:** The Council can put up traffic signs, and drivers must obey them. Careless or dangerous driving is banned.\n*   **Ban bad behaviour:** The rules prohibit malicious damage to property, littering, offensive behaviour (like fighting or abusive language), and disrupting community meetings.\n*   **Restrict alcohol:** No one can bring alcohol onto community land without Council permission. The Council must consider community welfare as the top priority when deciding whether to allow alcohol. Breaking alcohol restrictions is an offence.\n*   **Set penalties:** Breaking any by-law can result in a fine of up to $100. Courts can also order offenders to pay up to $250 in compensation for property damage.\n*   **Police powers:** Police can prosecute offenders and, in urgent situations where someone might cause injury or damage, can remove that person from the land for up to 24 hours (or until a court can deal with them).\n*   **Customary law defence:** It is a valid defence if someone can show they were acting according to Bardi custom.\n\n**Who it affects:**\n\n*   Members of the Bardi Aborigines Association\n*   Visitors and non-members wanting to enter Bardi community land\n*   The Community Council, which administers permissions and restrictions\n*   Police officers enforcing the rules\n\n**Why it matters:**\n\nThese by-laws give the Bardi community legal tools to control access to their land, protect community safety and welfare (particularly regarding alcohol), preserve cultural practices (through the customary law defence), and maintain order through locally determined rules rather than general state laws alone."}},"importantCases":[],"_links":{"self":"/api/acts/bardi-aborigines-association-inc-by-laws","history":"/api/acts/bardi-aborigines-association-inc-by-laws/history","analysis":"/api/acts/bardi-aborigines-association-inc-by-laws/analysis","conflicts":"/api/acts/bardi-aborigines-association-inc-by-laws/conflicts","importantCases":"/api/acts/bardi-aborigines-association-inc-by-laws/important-cases","documents":"/api/acts/bardi-aborigines-association-inc-by-laws/documents"}}