{"id":"beagle-bay-aboriginal-council-inc-bylaws-1982","name":"Beagle Bay Aboriginal Council Inc. By-laws 1982","slug":"beagle-bay-aboriginal-council-inc-by-laws-1982","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174095,"registerId":"wa-beagle-bay-aboriginal-council-inc-bylaws-1982-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Beagle Bay Aboriginal Council Inc. By-laws 1982","content":"![Crest]()Western Australia\n\nAboriginal Communities Act 1979\n\nBeagle Bay Aboriginal Council Inc. By-laws 1982\n\nWestern Australia\n\nBeagle Bay Aboriginal Council Inc. By-laws 1982\n\nContents\n\nPart 1 — Preliminary\n\n1. Citation 1\n\n2. Definitions 1\n\nPart 2 — Land\n\n3. Permission required to enter and remain on community land 3\n\n4. Restriction of entry to areas 3\n\n5. Homes 4\n\nPart 3 — Traffic\n\n6. Traffic signs 5\n\n7. Careless and dangerous driving 5\n\nPart 4 — The regulation of other matters\n\n8. Wilful damage 6\n\n9. Litter 6\n\n10. Offensive behaviour 6\n\n11. Disruption of meetings 6\n\n12. Alcohol 6\n\n13. Fires 7\n\nPart 5 — Enforcement and proceedings\n\n14. Powers of police 8\n\n15. Offences 8\n\n16. Penalties 8\n\n17. Defence of acting under custom 9\n\nNotes\n\nCompilation table 10\n\nDefined terms\n\n  \n\nWestern Australia\n\nAboriginal Communities Act 1979\n\nBeagle Bay Aboriginal Council Inc. By‑laws 1982\n\n## Part 1 — Preliminary\n\n##### 1. Citation\n\nThese by‑laws may be called the *Beagle Bay Aboriginal Council Inc. By‑laws 1982* 1.\n\n##### 2. 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  member of the community means any person who is accepted as a member of the community for the time being;\n\n  sub‑bylaw means sub‑bylaw of the by‑law in which the term is used;\n\n  the Act means the *Aboriginal Communities Act 1979*;\n\n  the administrative area means that part of community land described in Department of Lands and Surveys 2 Miscellaneous Plan No. 1097;\n\n  the Administrator means the person who is and acknowledged by the Council to be the Administrator for the time being of the community or a delegate of that person appointed by him orally or in writing;\n\n  the community means the Beagle Bay Aboriginal Community;\n\n  the Council means the council constituted by the constitution of the Beagle Bay Aboriginal Council Inc.\n\n## Part 2 — Land\n\n##### 3. Permission required to enter and remain on community land\n\n(1) Except as provided to the contrary in any Act or regulations, a person who is not a member of the community shall not enter or remain on community land without the prior permission of the Council.\n\n(2) The permission mentioned in sub‑bylaw (1) —\n\n(a) may be given or refused orally or in writing;\n\n(b) may be given subject to such terms, conditions and restrictions as the Council thinks fit; and\n\n(c) may be revoked by the Council at any time orally or in writing.\n\n(3) A person who enters or remains on community land contrary to sub‑bylaw (1) or who, having been given the permission mentioned in sub‑bylaw (1) subject to any term, condition or restriction, does not comply with that term, condition or restriction commits an offence.\n\n(4) In this by‑law community land does not include the administrative area and nothing in this by‑law prevents a person who has a *bona fide* reason for being on the administrative area, and is authorised by the Administrator to be there, from entering or being on another part of community land for the purpose of passing to or from the administrative area.\n\n##### 4. Restriction of entry to areas\n\n(1) The Council may cause signs to be placed on community land for the purpose of prohibiting entry to the part of community land on which the sign is placed or to the part of community land indicated by the inscription on the sign.\n\n(2) Except as provided to the contrary in any Act or regulations an inscription on a sign erected under sub‑bylaw (1) operates and has effect according to its tenor and any person who does not obey a direction in the inscription commits an offence.\n\n##### 5. Homes\n\nA person who is in a home other than his own shall leave that home if and when he is directed to do so by an occupier of that home.\n\n## Part 3 — Traffic\n\n##### 6. Traffic signs\n\n(1) The Council may cause signs called “traffic signs” to be placed on community land for the purpose of prohibiting, regulating or guiding vehicle traffic.\n\n(2) The inscription on a traffic sign operates and has effect according to its tenor and, subject to sub‑bylaw (3), any person who does not obey a direction in the inscription on a traffic sign commits an offence.\n\n##### 7. Careless and dangerous driving\n\n(1) No person shall drive a vehicle on community land at a speed, or in any other manner, that is, having regard to all the circumstances of the case, dangerous to the public or to any person.\n\n(2) No person shall drive a vehicle on community land without due care and attention.\n\n## Part 4 — The regulation of other matters\n\n##### 8. Wilful damage\n\nNo person shall wilfully damage any tree, bush, flower, lawn, building, structure, vehicle or other thing.\n\n##### 9. Litter\n\n(1) No person shall leave any rubbish or litter in a home, or in an enclosure around a home, without the permission of an occupier of that home.\n\n(2) In places or areas other than those mentioned in sub‑bylaw (1) no person shall leave any rubbish or litter except in a rubbish bin or area set aside by the Council for leaving rubbish and litter.\n\n##### 10. 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##### 11. Disruption of meetings\n\nNo person shall interrupt any meeting of the Council or the community, or any customary meeting, by noise or any other offensive or disorderly behaviour.\n\n##### 12. Alcohol\n\n(1) No person shall bring alcohol onto community land, or possess, use or supply alcohol on community land, without prior permission given under this by‑law.\n\n(2) The permission mentioned in sub‑bylaw (1) —\n\n(a) may be given by the Council in relation to community land other than the administrative area and by the Administrator in relation to the administrative area;\n\n(b) may be given or refused orally or in writing;\n\n(c) may be given subject to such terms, conditions and restrictions as the giver thinks fit;\n\n(d) may be revoked by the giver at any time orally or in writing.\n\n(3) In determining whether or not to give the permission mentioned in sub‑bylaw (1), the welfare of the community shall be the paramount consideration.\n\n(4) A person who brings alcohol onto community land, or possesses, uses or supplies alcohol on community land, contrary to sub‑bylaw (1) or who, having been given the permission mentioned in sub‑bylaw (1) subject to any term, condition or restriction, does not comply with that term, condition or restriction commits an offence.\n\n(5) A person who has the permission of the Administrator to bring alcohol onto the administrative area shall be deemed to have permission under this by‑law to bring that alcohol onto another part of community land for the purpose of taking it to the administrative area.\n\n##### 13. Fires\n\n(1) A person shall not without the permission of the Council kindle, light, make or use a fire other than in a place set aside by the Council for that purpose.\n\n(2) Sub‑bylaw (1) does not apply to a fire for cooking or heating purposes in a fireplace in a home or used in conjunction with a home.\n\n(3) Nothing in this by‑law authorises a person to light a fire in an open fireplace in contravention of the *Bush Fires Act 1954*.\n\n## Part 5 — Enforcement and proceedings\n\n##### 14. Powers of police\n\n(1) Where any person has committed or is committing an offence against a by‑law and it appears likely that injury to persons or damage to property will be caused by that person, a member of the police force may apprehend and remove that person from community land.\n\n(2) A person shall not be removed from community land under sub‑bylaw (1) for a period longer than 24 hours and shall, in any event, be returned to community land if a Court is convened to deal with him according to law.\n\n(3) A member of the police force may request the name and address of any person who he believes on reasonable grounds —\n\n(a) to be on community land in breach of by‑law 3; or\n\n(b) to have, while on community land, committed a breach of any by‑law.\n\n(4) A member of the police force may take proceedings for any breach of a by‑law.\n\n##### 15. Offences\n\nA person who breaks or fails to comply with by‑law 5, 7, 8, 9, 10, 11 or 13 commits an offence.\n\n##### 16. Penalties\n\n(1) A person who is convicted of an offence against a by‑law is liable to a fine of not more than $100.\n\n(2) In addition to any fine imposed under sub‑bylaw (1), the Court may order any person convicted of an offence against a by‑law to pay compensation of not more than $250 to the community or another person where, in the course of committing the offence, the person convicted has caused damage to the property of the community or of that other person.\n\n[By-law 16 amended: Gazette 14 May 2004 p. 1452‑3.]\n\n##### 17. Defence of acting under custom\n\nIt is a defence to a complaint of an offence against a by‑law 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 *Beagle Bay Aboriginal Council Inc. By-laws 1982* 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| *Beagle Bay Aboriginal Council Inc. By‑laws 1982* | 4 Jun 1982 p. 1770‑2 | 4 Jun 1982 |\n| *Sentencing Legislation (Short Sentences ‑ Aboriginal Community By‑Laws) Amendment Regulations 2004* r. 5 | 14 May 2004 p. 1451-8 | 15 May 2004 (see r. 2 and *Gazette* 14 May 2004 p. 1445) |\n| **Reprint 1: The *Beagle Bay Aboriginal Council Inc. By‑laws 1982* as at 5 Nov 2004** (includes amendments listed above) | | |\n\n\n2 Department of Lands and Surveys plans are now being held by the Western Australian Land Information Authority (see the *Land Information Authority Act 2006* s. 100).\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 2\n\ncommunity land 2, 3(4)\n\nmember of the community 2\n\nsub‑bylaw 2\n\nthe Act 2\n\nthe administrative area 2\n\nthe Administrator 2\n\nthe 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"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The version presented includes a 2004 amendment noted at by‑law 16 (Gazette citation) but the substantive subject‑matter remains the same: local control over access, behaviour, traffic, alcohol and fires on community land, enforcement by police, and modest penalties. The amendment appears to update penalty provisions or sentencing references rather than expand the range of activities regulated. There is no indication in the text provided that the by‑laws have been broadened significantly beyond their original focus on local access and community order."},"complexity_factors":["Relatively short instrument (17 by‑laws, each single‑issue and plainly worded)","About 9 defined terms in by‑law 2 (by‑law, community land, member of the community, sub‑bylaw, the Act, the administrative area, the Administrator, the community, the Council)","Frequent use of broad discretionary permissions (oral or written, conditional, revocable) in by‑laws 3 and 12","Small number of cross‑references: Aboriginal Communities Act 1979 (definition/authority) and Bush Fires Act 1954 (by‑law 13(3))","Limited enforcement matrix: police powers (by‑law 14), defined offences (by‑law 15) and fixed maximum penalties/compensation (by‑law 16)","One statutory defence tied to customary law (by‑law 17), which adds an evidentiary element to prosecutions"],"plain_english_summary":"**What these by‑laws do (mechanics)\n\n- Give the Beagle Bay Aboriginal Council and the community Administrator power to control who may be on community land (by‑law 3). Outside visitors need prior permission; permission can be oral or written, conditional, and revocable. The “administrative area” is treated slightly differently (by‑law 3(4)).\n\n- Allow the Council to put up signs that prohibit entry to parts of the land and to erect traffic signs that direct vehicle movement; failing to obey those signs is an offence (by‑laws 4 and 6).\n\n- Regulate behaviour on community land: rules cover entering someone else’s home, careless or dangerous driving, wilful damage, litter, offensive or disorderly behaviour, interrupting meetings, lighting fires, and bringing, possessing, using or supplying alcohol (by‑laws 5–13).\n\n- Give police limited powers to remove people from the community where offences are occurring or likely to cause harm, to request names and addresses in suspected breaches, and to bring prosecutions (by‑law 14).\n\n- Create offences and penalties: most behavioural breaches are offences (by‑law 15) punishable by a fine (up to $100) and potential compensation up to $250 where property is damaged (by‑law 16). There is a defence where the person was acting under community custom (by‑law 17).\n\n\nWho is affected\n\n- Community members: they are bound by the conduct rules but have the authority (via the Council or Administrator) to grant permissions, place signs, and set conditions (by‑laws 2, 3, 4, 6, 12).\n\n- Non‑members / visitors: they must obtain permission to be on community land and comply with conditions; failure risks arrest, fines, removal and compensation orders (by‑laws 3, 14–16).\n\n- Police and courts: police may enforce and remove people in limited circumstances; courts impose fines and compensation (by‑laws 14, 16).\n\n\nWhy it matters (purpose claims and practical effects)\n\n- The by‑laws are written to give the community local control over access, safety and order on land declared community land under the Aboriginal Communities Act 1979 (see definition of “community land” and the Act in by‑law 2). The stated purpose is community welfare and order (explicitly invoked for alcohol permissions in by‑law 12(3)).\n\n- Mechanically, they centralise decision‑making about access and conditions in the Council and the Administrator: those bodies decide who may enter, set conditions, and may revoke permissions at will (by‑laws 3(2), 12(2)). That concentrates decision power in a small set of community offices and creates legal effect for oral or written directions.\n\n\nCosts, incentives and trade‑offs (practical testing of the purpose claims)\n\n- Compliance burden and uncertainty: Permissions may be oral, conditional and revocable (by‑laws 3(2), 12(2)), which reduces paperwork but raises uncertainty for outsiders (contractors, service providers, visitors) about permitted activity and increases reliance on the Council/Administrator’s discretion.\n\n- Enforcement and sanction scale: Penalties are small by contemporary mainland standards (fine up to $100; compensation up to $250) (by‑law 16). Small fines may limit deterrence for some conduct and shift enforcement toward removal by police (by‑law 14) or community remedies.\n\n- Administrative discretion and effects on private activity: Because the Council/Administrator can grant or refuse permissions and attach conditions affecting alcohol, access, and fires (by‑laws 3, 12, 13), businesses or service providers wishing to operate on community land will need to secure and maintain those permissions. This creates a gatekeeping role for the Council/Administrator that affects who can supply goods or services.\n\n- Risk of substitution: Activities excluded from community land (for example, sale or consumption of alcohol without permission) may occur off‑site, shifting rather than eliminating behaviour and affecting local incomes or service patterns.\n\n- Cultural consideration: The by‑laws explicitly allow a defence where actions are authorised by community custom (by‑law 17). That preserves local customary practices as a legal defence in prosecutions under these by‑laws.\n\n\nWho pays and who decides\n\n- Who decides: The Council and the Administrator make most on‑the‑ground decisions about permissions, signage and conditions (by‑laws 3, 4, 6, 12). Police decide when to use their removal or investigatory powers (by‑law 14).\n\n- Who pays: Individuals who breach by‑laws can be fined and, if they damage property, ordered to pay compensation (by‑law 16). The community bears administrative costs of signage, enforcement liaison with police, and any local dispute resolution.\n\n\nImplementation risks and practical notes\n\n- Oral permissions are legally effective (by‑laws 3(2)(a), 12(2)(b)), which lowers administrative overhead but can produce disputes about whether permission was given or revoked.\n\n- Cross‑reference to broader law: fires remain subject to the Bush Fires Act 1954 (by‑law 13(3)); community land is as declared under the Aboriginal Communities Act 1979 (by‑law 2). That means some activities may be regulated or constrained by other statutes.\n\n- Enforcement relies on police powers and ordinary courts (by‑law 14). The restricted fine levels mean community sanctions or negotiated arrangements may be relied on in practice.\n\n\nBottom line (mechanical summary)\n\nThese by‑laws give the Beagle Bay Council and its Administrator formal, local powers to control access and behaviour on community land, set conditions (including for alcohol and fires), place prohibitory and traffic signage, and use police and court processes to enforce the rules. They prioritise internal community control and welfare (explicit for alcohol decisions), preserve customary defences, and create a framework that outsiders and service providers must navigate to operate on community land."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed — the legislative text is unavailable. No comparison between original intent and final form is possible based on the information provided."},"complexity_factors":["The actual legislative text is completely unavailable — the source page has been taken down","Only the title and a system error message were retrievable","No provisions, definitions, schedules, or operative clauses can be assessed","Complexity score reflects inability to analyse content, not simplicity of the law itself"],"plain_english_summary":"The Beagle Bay Aboriginal Council Inc. By‑laws 1982 are local rules governing the operation and conduct of the Beagle Bay Aboriginal Council and its community members in the Kimberley, affecting council members and those interacting with the council. \n\nThe by‑laws' full text is currently unavailable online; for the authoritative wording or legal use, contact the Parliamentary Counsel’s Office or the Western Australian legislation register."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of providing local governance rules for the Beagle Bay Aboriginal Community. The only amendment (2004) updated penalty amounts to reflect inflation and sentencing law changes, without expanding the substantive scope beyond land management, traffic control, public order, and alcohol regulation."},"complexity_factors":["Only 8 defined terms in the interpretation section (by-law 2)","Straightforward structure with 5 parts covering discrete topics (land, traffic, general conduct, enforcement)","Minimal cross-referencing - mostly internal references to sub-bylaws within the same by-law","Simple conditional logic with clear exceptions (e.g., by-law 3(4) exempting administrative area access; by-law 13(2) exempting home cooking fires)","Single amendment in 2004 updating penalty provisions (by-law 16)","No nested exceptions or complex definitional chains","Plain language drafting appropriate for community self-governance","Total length is approximately 9 pages including compilation table and notes"],"plain_english_summary":"These by-laws are local rules made by the Beagle Bay Aboriginal Community in Western Australia under the Aboriginal Communities Act 1979. They set out how people must behave on community land and what happens if they break the rules.\n\n**Who it affects:**\n- Members of the Beagle Bay Aboriginal Community\n- Visitors and non-members who want to enter community land\n- Police officers enforcing the rules\n\n**What it does:**\n\n**Access to land:**\n- Non-members need permission from the Council to enter or stay on community land\n- The Council can put up signs banning entry to certain areas\n- People must leave someone's home if the occupier asks them to\n\n**Traffic and driving:**\n- The Council can put up traffic signs that must be obeyed\n- No careless or dangerous driving on community land\n\n**Behaviour rules:**\n- No wilful damage to property, plants, or buildings\n- No littering (must use bins or get permission to leave rubbish)\n- No offensive behaviour, fighting, or abusive language\n- No disrupting Council meetings or traditional meetings\n\n**Alcohol:**\n- Bringing, possessing, using, or supplying alcohol on community land is banned without permission\n- The Council controls this for most land; the Administrator controls it for the administrative area\n- Community welfare is the top priority when deciding permission\n\n**Fires:**\n- No fires without Council permission, except for cooking/heating in home fireplaces\n- Must still follow the Bush Fires Act 1954\n\n**Enforcement:**\n- Police can remove people from community land for up to 24 hours if they're committing offences and likely to cause injury or damage\n- Police can ask for names and addresses of suspected offenders\n- Maximum fine is $100 per offence\n- Courts can also order up to $250 compensation for damage caused\n\n**Cultural protection:**\n- People have a defence if they were acting according to community customs\n\n**Why it matters:**\nThese by-laws allow the Beagle Bay community to govern its own land and maintain social order while respecting Aboriginal customs. They balance community self-determination with protections for individual rights and cultural practices."}},"importantCases":[],"_links":{"self":"/api/acts/beagle-bay-aboriginal-council-inc-by-laws-1982","history":"/api/acts/beagle-bay-aboriginal-council-inc-by-laws-1982/history","analysis":"/api/acts/beagle-bay-aboriginal-council-inc-by-laws-1982/analysis","conflicts":"/api/acts/beagle-bay-aboriginal-council-inc-by-laws-1982/conflicts","importantCases":"/api/acts/beagle-bay-aboriginal-council-inc-by-laws-1982/important-cases","documents":"/api/acts/beagle-bay-aboriginal-council-inc-by-laws-1982/documents"}}