{"id":"jigalong-community-incorporated-bylaws","name":"Jigalong Community Incorporated By-laws","slug":"jigalong-community-incorporated-by-laws","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":178390,"registerId":"wa-jigalong-community-incorporated-bylaws-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Jigalong Community Incorporated By-laws","content":"![Crest]()Western Australia\n\nAboriginal Communities Act 1979\n\nJigalong Community Incorporated By-laws\n\n- **Reprinted under the *Reprints Act 1984* as**\n- **at 24 September 2004**\n\n\nWestern Australia\n\nJigalong Community Incorporated 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\n- Crest **Reprinted under the *Reprints Act 1984* as**\n- **at 24 September 2004**\n\n\nWestern Australia\n\nAboriginal Communities Act 1979\n\nJigalong Community Incorporated By‑laws\n\n## Part 1 — Preliminary\n\n##### 1. Citation\n\nThese by‑laws may be cited as the *Jigalong Community Incorporated 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  the Act means the *Aboriginal Communities Act 1979*;\n\n  the community means (as the context requires) Jigalong Community Incorporated and that collective group comprising the membership of Jigalong Community Incorporated, their spouses and dependants (where not members in their own right) and members 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 Jigalong Community Incorporated.\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 by‑law 4 (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 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 a 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. 1454.]\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 an 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 reprint is a compilation as at 24 September 2004 of the *Jigalong Community Incorporated 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| *Jigalong Community Incorporated By‑laws* | 21 Jun 1991 p. 3008‑11 | 21 Jun 1991 (see bl. 2) |\n| *Sentencing Legislation (Short Sentences ‑ Aboriginal Community By‑Laws) Amendment Regulations 2004* r. 8 | 14 May 2004 p. 1451‑8 | 15 May 2004 (see r. 2 and *Gazette* 14 May 2004 p. 1445) |\n| **Reprint 1: The *Jigalong Community Incorporated By*‑*laws* as at 24 Sep 2004** (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\ndeleterious substance 3\n\nliquor 3\n\nmembers of the community 3\n\nthe Act 3\n\nthe community 3\n\nthe Council 3\n\nvehicle 3\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The by-laws appear to maintain their original scope as local community governance rules under the Aboriginal Communities Act 1979. The document shows only one amendment (to penalty provisions in by-law 18 in 2004), suggesting the core regulatory framework has remained stable and focused on its original purposes: land access control, alcohol management, traffic regulation, and community order."},"complexity_factors":["Short document: only 20 by-laws across 7 Parts","Minimal cross-referencing: only references to the parent 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 rather than nested exceptions","Only 8 defined terms in the interpretation section (by-law 3)","Clear structure with descriptive Part headings (Community lands, Liquor, Traffic, etc.)","Some conditional elements in by-law 10(b) requiring 'reasonable grounds for suspecting' intent, but not deeply nested","Single amendment noted (by-law 18 in 2004) suggesting stable, mature legislation without heavy layering of changes"],"plain_english_summary":"**What this is:** These are local rules (called \"by-laws\") made under Western Australia's *Aboriginal Communities Act 1979* specifically for **Jigalong Community** — an Aboriginal community in Western Australia. Think of them as the community's house rules that have legal force.\n\n**Who it affects:**\n- **Everyone on Jigalong community land** — both community members and visitors\n- **The Community Council** — which makes decisions about who can enter, what rules apply, and whether alcohol is permitted\n- **Police** — who have special powers to enforce these rules\n\n**What it does:**\n\n**Controls who can come onto community land**\n- Non-Aboriginal people generally need the Council's permission to enter or stay\n- The Council can kick anyone off (except community members) at any time, without giving a reason\n- Government workers doing their jobs are automatically allowed\n\n**Restricts alcohol and drugs**\n- Alcohol is banned unless the Council specifically gives permission (with conditions they choose)\n- Being drunk and causing trouble is an offence\n- Sniffing petrol or inhaling glue/volatile substances is banned\n- Selling petrol or glue to someone you suspect will sniff it is illegal\n\n**Sets road rules**\n- The Council can put up traffic signs that must be obeyed\n- No careless or dangerous driving\n- Special rules for community vehicles: need Council permission to drive them, must have a licence, and can't drive them while drunk or high\n\n**Covers general behaviour**\n- No offensive language, fighting, or disorderly conduct\n- No damaging property (community or personal)\n- No disrupting Council meetings or traditional meetings\n- Must leave someone's house if the occupant tells you to\n\n**Police powers**\n- Can arrest and remove people likely to cause harm\n- Can demand names and addresses\n- Can stop, search, and seize vehicles suspected of carrying alcohol or sniffable substances\n- Can impound vehicles for up to 14 days\n\n**Penalties and special rules**\n- Maximum fine: $100 per offence\n- Can be ordered to pay up to $250 compensation for damage\n- **Important cultural protection:** It's a legal defence if you were following traditional community custom\n- Council members automatically lose their position if charged with an alcohol offence (get it back if cleared)\n\n**Why it matters:** These by-laws give Jigalong Community legal tools to control their own land, manage alcohol-related problems, maintain cultural practices, and keep order — while balancing Western Australian law with recognition of Aboriginal customary law."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This reprint consolidates the Jigalong community by‑laws as at 24 September 2004 and incorporates a 2004 amendment linked to sentencing legislation (noted as an amendment to by‑law 18). The by‑laws remain focused on local governance of access, conduct, liquor and traffic on community land. The 2004 change adjusted penalty/sentencing-related provisions but did not substantially expand the by‑laws' original subject‑matter (community land control and local behavioural rules)."},"complexity_factors":["7 Parts with clear topical division (Preliminary; Community lands; Liquor and deleterious substances; Traffic; Other matters; Enforcement; Penalties)","Approximately 7 defined terms in by‑law 3 (by‑law, the Act, the community, members of the community, liquor, deleterious substance, vehicle, the Council)","Multiple cross‑references to external statutes (Aboriginal Communities Act 1979, Liquor Licensing Act 1988, Justices Act 1902, Child Welfare Act 1947)","Broad discretionary powers vested in the Council (permission to enter, to permit liquor, to set conditions and revoke without reason) creating conditional logic (by‑laws 4, 8)","Police powers with conditional triggers and procedural limits (reasonable grounds tests; vehicle seizure up to 14 days) (by‑law 16)","Nested conditions for vehicle use (permission, sobriety, appropriate licence) (by‑law 12)","Short limitation period for commencing proceedings (6 months) and reliance on complaint/summons process (by‑law 17)","Civil and criminal outcomes combined (fines, compensation orders, and orders about seized property) (by‑law 18)","One culturally specific legal exception (defence of acting under custom) which may require factual enquiry by courts (by‑law 19)"],"plain_english_summary":"**What these by‑laws do (mechanics)\n\n- Establish rules that apply to all people on Jigalong community land and give the local Council power to control entry, conduct and certain activities on that land (by‑laws 3, 4).\n- Require non‑Aboriginal persons to obtain the Council's permission before entering or staying on community land; the Council may set conditions, revoke permission and order people off the land (by‑law 4).\n- Allow the Council to place signs that prohibit entry to parts of the land and to regulate vehicle traffic with traffic signs; failure to obey those signs is an offence (by‑laws 6, 11).\n- Regulate conduct in homes (a person told to leave must do so) and prohibit offensive or disorderly behaviour, wilful damage, and disruption of meetings (by‑laws 7, 13–15).\n- Give the Council discretion to permit or forbid liquor on community land, prohibit being on the land while intoxicated if that intoxication causes alarm or upset, and restrict possession/supply of volatile substances and petrol for inhalation (by‑laws 8–10).\n- Set driving rules on community land, including requirements for permission to drive vehicles owned or hired by the community, sobriety and appropriate licences (by‑law 12).\n- Authorise police to enforce the by‑laws, to investigate and take proceedings, to request a name and address, to search vehicles where there are reasonable grounds concerning liquor or deleterious substances, to seize such items and (in limited circumstances) detain a vehicle up to 14 days (by‑law 16).\n- Specify how prosecutions proceed (complaint and summons under the Justices Act, subject to the Child Welfare Act) and a 6‑month time limit for starting proceedings (by‑law 17).\n- Create criminal penalties for breaches: up to $100 fine and possible compensation orders up to $250 for damage; courts may order disposal or forfeiture of seized property in relation to prohibited substances (by‑law 18). A defence is available if the defendant shows they were acting in accordance with a community custom (by‑law 19).\n- Provide that a Council member charged with an offence under the liquor by‑law is treated as having ceased to be an effective Councillor until the charge is withdrawn or dismissed (by‑law 20).\n\nWho this affects\n\n- Members of the Jigalong community and their spouses/dependants (the by‑laws apply to the community as defined) and any non‑members who are physically on community land (by‑law 3). \n- Visitors, contractors, government employees and businesses: non‑Aboriginal visitors must obtain Council permission to enter or remain (by‑law 4), and anyone operating a vehicle or supplying goods on the land must obey relevant rules (by‑laws 11–12, 8–10).\n- Police: given explicit powers to investigate, detain, search and seize in relation to breaches (by‑law 16).\n\nWhy it matters (practical effects, incentives and trade‑offs)\n\n- Decision power is concentrated in the local Council. The Council controls who may enter, what behaviour is acceptable, and whether liquor is permitted (by‑laws 4, 8). That creates clear local authority but gives the Council broad discretion to impose conditions or revoke permission without having to state a reason (by‑law 4(c)).\n- The rules change behaviour by making access conditional and by criminalising a range of conduct on community land (by‑laws 4, 7, 8, 10, 12–15). People who want to visit, do business, deliver services or use community resources must either comply with Council conditions or risk fines, removal or prosecution.\n- Enforcement relies on the ordinary criminal process and on police powers to search and seize where there are reasonable grounds; prosecutions use the Justices Act complaint/summons process (by‑laws 16, 17). This means compliance is achieved through a mix of local direction and state policing rather than private enforcement mechanisms.\n- Costs and who pays: individuals who breach the by‑laws face fines (up to $100) and may be ordered to pay compensation (up to $250) for damage (by‑law 18). There is an implementation cost for policing and court processes borne by the State; compliance costs and any access limitations fall on visitors, service providers and non‑member residents.\n- Effects on private enterprise and third parties: businesses or contractors seeking to work on community land must obtain Council permission and meet conditions imposed by the Council (by‑law 4). That introduces an administrative hurdle and the risk of permission being revoked. Government employees on duty are expressly treated as having permission (by‑law 4(e)).\n- Discretion and legal uncertainty: many powers are given in broad, discretionary terms (for example, permission may be oral or written and may be revoked without reason) — this reduces predictability for outsiders (by‑law 4(b)–(c)). Courts can order forfeiture or disposal of seized property where prohibited substances are involved (by‑law 18(c)), and a community custom defence is available (by‑law 19), which introduces a culturally framed legal exception.\n- Enforcement risks and safeguards: police may detain people and vehicles on reasonable grounds (by‑law 16). Proceedings are time‑limited (6 months, by‑law 17) and subject to child‑welfare protections where applicable. The by‑laws cross‑refer to state statutes for definitions and procedure (e.g., Liquor Licensing Act, Justices Act), so interpretation in practice will involve those external laws.\n\nSummary statement\n\nMechanically, these by‑laws give the Jigalong Council control over who may enter and remain on community land, set behavioural and traffic rules, and restrict liquor and volatile substance use. They rely on criminal penalties, council direction and police powers for enforcement. The main effects are concentrated control by the Council over access and conduct, routine enforcement through police and courts, modest monetary penalties for breaches, and specific protections (such as a custom‑based defence and exemptions for medical professionals and government employees)."},"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":[]},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as no legislative content was retrievable from the provided source. The page returned is an error/redirect notice, not legislation."},"complexity_factors":["No legislative text was available for analysis — the source URL returned a 'page not found' error message only","Cannot assess structure, provisions, definitions, or operative clauses","No amendments, schedules, or cross-references could be identified"],"plain_english_summary":"**No legislation could be analysed.**\n\nThe link provided does not lead to actual legislative text. Instead, it returns an error page from the Western Australian legislation website indicating that the page for the **Jigalong Community Incorporated By-laws** is no longer available at that address, likely due to a website migration or system upgrade.\n\n**What we do know:**\n- The Jigalong Community Incorporated By-laws are Western Australian laws that would typically govern the rules and operations of the Jigalong Community — an Aboriginal community in the Pilbara region of WA.\n- Such community by-laws generally cover things like community behaviour standards, noise, visitors, alcohol, and local governance matters.\n- To access the actual by-laws, you would need to navigate directly to the [Western Australian legislation website](https://www.legislation.wa.gov.au) and search for them there.\n\n**No meaningful legal analysis can be provided without the actual legislative text.**"}},"importantCases":[],"_links":{"self":"/api/acts/jigalong-community-incorporated-by-laws","history":"/api/acts/jigalong-community-incorporated-by-laws/history","analysis":"/api/acts/jigalong-community-incorporated-by-laws/analysis","conflicts":"/api/acts/jigalong-community-incorporated-by-laws/conflicts","importantCases":"/api/acts/jigalong-community-incorporated-by-laws/important-cases","documents":"/api/acts/jigalong-community-incorporated-by-laws/documents"}}