{"id":"bindi-bindi-aboriginal-community-bylaws","name":"Bindi Bindi Aboriginal Community By-laws","slug":"bindi-bindi-aboriginal-community-by-laws","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174101,"registerId":"wa-bindi-bindi-aboriginal-community-bylaws-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Bindi Bindi Aboriginal Community By-laws","content":"![Crest]()Western Australia\n\nAboriginal Communities Act 1979\n\nBindi Bindi Aboriginal Community By-laws\n\nWestern Australia\n\nBindi Bindi Aboriginal Community By-laws\n\nContents\n\n1. Citation 1\n\n2. Definitions 1\n\n3. Members of the Community 1\n\n4. Visiting Community land 2\n\n5. Damage to property 2\n\n6. Homes 2\n\n7. Regulation of alcohol and drugs 3\n\n8. Disorderly behaviour 3\n\n9. Killing animals 4\n\n10. Rubbish 4\n\n11. Offences 4\n\n12. Enforcement 4\n\n13. Committee permission 5\n\nNotes\n\nDefined terms\n\n  \n\nWestern Australia\n\nAboriginal Communities Act 1979\n\nBindi Bindi Aboriginal Community By-laws\n\n##### 1. Citation\n\n\t\tThese by-laws may be cited as the *Bindi Bindi Aboriginal Community By-laws.*\n\n##### 2. Definitions\n\nIn these by-laws —\n\nCommittee means the council of the Corporation;\n\nCommunity means the Bindi Bindi Aboriginal Community;\n\nCommunity land means the land declared by the Governor under section 6 of the Act to be the community lands of the Community;\n\nCorporation means the Bindi Bindi Community Aboriginal Corporation Incorporated;\n\nmember of the Community means a person who is a member of the Community under by-law 3.\n\n##### 3. Members of the Community\n\n(1) A person is a member of the Community if the person —\n\n(a) is accepted by the Committee as a member of the Community; and\n\n(b) has entered into an agreement with the Corporation allowing the person to reside on Community land.\n\n(2) A child of a member of the Community is a member of the Community if the child —\n\n(a) is under 16 years of age; or\n\n(b) being 16 years of age or older, but under 18 years of age, is financially dependent on his or her parents.\n\n(3) An application to become a member of the Community is to be made to the Committee in a form approved by the Committee.\n\n(4) A person who enters into an agreement under sub-bylaw (1)(b) must comply with the agreement.\n\n##### 4. Visiting Community land\n\n(1) Subject to sub-bylaw (2) and any other written law, a person who is not a member of the Community must not enter or remain on Community land without the prior permission of the Committee.\n\n(2) For the purpose of seeking permission to enter or remain on Community land a person may go to the Committee’s office, on Community land, between 8.00 a.m. and 4.30 p.m. on a weekday.\n\n(3) If a person who is not a member of the Community resides on Community land for more than 5 continuous days the person is to pay a temporary residency fee to the Corporation at a rate determined by the Committee.\n\n##### 5. Damage to property\n\nA person must not wilfully damage any building, structure, vehicle, planted vegetation or other property on Community land.\n\n##### 6. Homes\n\n(1) A person must not enter another person’s home without that person’s prior permission.\n\n(2) A person who is in another person’s home, must leave promptly when asked to do so by that other person.\n\n##### 7. Regulation of alcohol and drugs\n\n(1) A person must not —\n\n(a) drink alcohol on Community land other than land used for private residential purposes; or\n\n(b) give alcohol to a person under 18 years of age who is on Community land.\n\n(2) A person who is under the influence of alcohol or drugs must not —\n\n(a) enter the Community’s administration area; or\n\n(b) attend a meeting of the Committee, the Corporation or the Community or a customary meeting.\n\n##### 8. Disorderly behaviour\n\n(1) A person on Community land must not cause a disturbance, annoy other people, or cause fear by —\n\n(a) using offensive or abusive language;\n\n(b) fighting;\n\n(c) behaving in an offensive or disorderly manner; or\n\n(d) carrying a weapon or other dangerous object.\n\n(2) A person must not disrupt —\n\n(a) a meeting of the Committee, the Corporation or the Community; or\n\n(b) a customary meeting held on Community land.\n\n(3) A person must not hinder or prevent the performance by the Committee, the Corporation or any of their employees, of their duties.\n\n##### 9. Killing animals\n\nA person must not kill, skin or dress an animal on Community land unless it is done in a manner that is not harmful to the health of the people on Community land.\n\n##### 10. Rubbish\n\nA person must not leave rubbish or abandon a vehicle on Community land other than —\n\n(a) in the case of rubbish, in a rubbish bin; or\n\n(b) in any case, at a place set aside by the Committee for the dumping of rubbish.\n\n##### 11. Offences\n\n(1) A person commits an offence against these by-laws if the person fails to comply with —\n\n(a) a by-law; or\n\n(b) a condition imposed by the Committee on a permission granted under these by-laws.\n\n(2) A person who commits an offence against these by-laws —\n\n(a) is liable to a fine of up to $5 000; and\n\n(b) may be ordered by the court to pay up to $250 in compensation to the owner of any property that was damaged as a result of the commission of the offence.\n\n##### 12. Enforcement\n\n(1) A member of the Police Force may take proceedings against a person who commits an offence against these by-laws.\n\n(2) A member of the Police Force may apprehend and remove a person from Community land if —\n\n(a) the person has committed, or is committing —\n\n(i) an offence against these by-laws; or\n\n(ii) an offence against the *Road Traffic Act 1974* on Community land;\n\nand\n\n(b) it appears to the member of the Police Force that the person will cause injury to other persons or damage to property if he or she is not removed.\n\n(3) A person removed from Community land under sub-bylaw (2) must be released from police custody within 24 hours if not dealt with by a court before then.\n\n(4) If a person is convicted of —\n\n(a) committing an offence against these by-laws; or\n\n(b) committing an offence against —\n\n(i) Chapter XXXI of *The Criminal Code*; or\n\n(ii) the *Road Traffic Act 1974*,\n\non Community land,\n\nthe Committee may —\n\n(c) order the person to leave Community land; and\n\n(d) if the person is a member of the Community, revoke the person’s membership of the Community.\n\n##### 13. Committee permission\n\n(1) Where a by-law provides that the Committee may grant permission to a person to do an act that would otherwise not be permitted, the Committee may —\n\n(a) grant or refuse to grant that permission;\n\n(b) grant permission subject to any conditions it thinks fit;\n\n(c) if it has granted permission, revoke the permission at any time; and\n\n(d) notify the person concerned of the granting, refusal to grant or revocation of the permission either orally or in writing,\n\nand the Committee need not give reasons for its decisions.\n\n(2) The Committee may delegate its powers to grant, refuse and revoke permissions under these by-laws to any member of the Committee or employee of the Corporation.\n\nNotes\n\n1 This is a compilation of the *Bindi Bindi Aboriginal Community By-laws* and includes the amendments referred to in the following Table.\n\n**Table of Regulations**\n\n| **Citation** | **Gazettal** | | **Commencement** | | **Miscellaneous** | |\n| --- | --- | --- | --- | --- | --- | --- |\n| *Bindi Bindi Aboriginal Community By-laws* | | 16 February 2001 pp. 904-907 | | 16 February 2001 | |  | |\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\nCommittee 2\n\nCommunity 2\n\nCommunity land 2\n\nCorporation 2\n\nmember of the Community 2\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The compilation notes the by-laws were gazetted and commenced on 16 February 2001 and the Table contains no later amendment entries. The text sets rules for membership, entry, conduct and enforcement on declared Community land; the instrument itself does not show any change in scope from the original gazettal."},"complexity_factors":["Defined membership and residency mechanics requiring an agreement with the Corporation and Committee acceptance (s.3) — creates contractual and administrative steps.","Entry and temporary residency regime for non-members, including a fee set by the Committee (s.4) — mixes discretionary permission with financial obligation.","Multiple behavioural prohibitions across different contexts (homes, alcohol/drugs, disorderly conduct, property, animals, rubbish) spread through ss.5–10 — creates many separate compliance rules.","Enforcement powers that involve both police action (apprehension/removal) and court penalties, with cross-references to the Road Traffic Act and Criminal Code (s.12) — potential overlap with other statutes.","Civil penalties and compensation powers with a high unspecified maximum fine (up to $5,000) and discretionary compensation orders (s.11) — sentencing breadth increases legal uncertainty.","Committee discretion to grant, condition, revoke and delegate permissions and to act without giving reasons (s.13) — concentrates administrative discretion and affects procedural transparency.","Subjective enforcement threshold for police removal (if it 'appears' the person will cause injury or damage) (s.12(2)(b)) — introduces fact-sensitive judgments in urgent enforcement.","Limited procedural detail on application processing and appeals (application form, timings for seeking permission) — administrative processes are not fully specified (s.3(3), s.4(2))."],"plain_english_summary":"These by-laws set who may live on Bindi Bindi Community land, require non-members to obtain Committee permission to visit or pay a temporary residency fee, and regulate conduct (homes, alcohol, drugs, disorderly behaviour), property, animals and rubbish. Enforcement includes police removal, court fines (up to $5,000) and possible membership revocation (ss.3–6,7–12,13).\n\nThe Committee decides membership and permissions and may impose conditions or revoke them; non-compliance risks fines, removal and compensation orders, creating compliance obligations for residents and visitors (ss.4,11–13)."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"No legislative text was available to assess whether scope changed from original intent. The page returned only a website error message and an Acknowledgement of Country statement."},"complexity_factors":["No legislative content was retrievable — the source page returned a 404-style error message rather than the actual by-laws","Cannot assess complexity of the underlying legislation without access to its text"],"plain_english_summary":"**No legislation could be retrieved for analysis.**\n\nThe link to the Bindi Bindi Aboriginal Community By-laws on the Western Australian legislation website is broken — the page no longer exists at its previous web address. This appears to be the result of a website system upgrade that changed the URLs of some pages.\n\n**What this means for you:** The actual content of the Bindi Bindi Aboriginal Community By-laws could not be accessed, so no meaningful summary of the law's rules, who it affects, or what it requires can be provided. To find these by-laws, you should:\n- Visit the Western Australian legislation website and use the search menu to locate them directly\n- Contact the Parliamentary Counsel's Office Helpdesk (the government office responsible for maintaining official legal documents in WA)\n- Try searching for 'Bindi Bindi Aboriginal Community By-laws' on www.legislation.wa.gov.au"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The by-laws appear consistent with the original intent of the Aboriginal Communities Act 1979, which was designed to enable Aboriginal communities to make by-laws for the control and management of community lands. The scope covers standard community governance matters: membership, access, conduct, and property protection—exactly what the enabling legislation contemplated."},"complexity_factors":["Short document: 13 by-laws covering discrete topics","Minimal cross-referencing: only references to the parent Aboriginal Communities Act 1979, the Criminal Code, and Road Traffic Act 1974","Simple conditional structure: most provisions use straightforward 'must not' prohibitions with limited exceptions (e.g., by-law 10 has two simple exceptions for rubbish disposal)","Only 5 defined terms in the interpretation section (by-law 2)","No nested exceptions or complex definitional chains","Clear enforcement pathway: police prosecution with specified penalties in by-law 11"],"plain_english_summary":"**What this is:** These are local rules (by-laws) that apply specifically to the Bindi Bindi Aboriginal Community in Western Australia. They operate under the *Aboriginal Communities Act 1979* and give the Community legal tools to manage its own land and maintain social order.\n\n**Who it affects:**\n- **Members of the Community:** People officially accepted by the Community Committee who have signed agreements to live on Community land, plus their dependent children under 18.\n- **Visitors:** Anyone else who wants to enter or stay on Community land.\n- **The Committee:** The governing body (council of the Bindi Bindi Community Aboriginal Corporation) that makes decisions about membership, visitor access, and permissions.\n\n**What it does:**\n- **Controls access:** Visitors need Committee permission to enter or stay on Community land. If staying more than 5 days, they must pay a fee set by the Committee.\n- **Sets house rules:** No entering homes without permission; must leave when asked. No drinking alcohol in public areas; no giving alcohol to under-18s. No being drunk or drug-affected in administrative areas or meetings.\n- **Maintains order:** Bans disorderly behaviour, offensive language, fighting, weapons, disrupting meetings, or interfering with Committee duties.\n- **Protects property:** Prohibits wilful damage to buildings, vehicles, or plants.\n- **Sets health and cleanliness standards:** Animals must be killed/dressed in a healthy manner; rubbish must go in bins or designated dump areas.\n- **Creates offences and penalties:** Breaking these rules can result in fines up to $5,000, compensation orders up to $250 for property damage, removal from the land by police, and even revocation of Community membership for convicted offenders.\n\n**Why it matters:** These by-laws allow the Bindi Bindi Community to exercise self-determination over its own land. They create a legally enforceable framework for the Community to control who lives there, maintain safety and cleanliness, and preserve cultural practices—all while working within Western Australia's broader legal system. Police have specific powers to enforce these rules, but the Community (through its Committee) retains significant control over membership and access."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/bindi-bindi-aboriginal-community-by-laws","history":"/api/acts/bindi-bindi-aboriginal-community-by-laws/history","analysis":"/api/acts/bindi-bindi-aboriginal-community-by-laws/analysis","conflicts":"/api/acts/bindi-bindi-aboriginal-community-by-laws/conflicts","importantCases":"/api/acts/bindi-bindi-aboriginal-community-by-laws/important-cases","documents":"/api/acts/bindi-bindi-aboriginal-community-by-laws/documents"}}