{"id":"junjuwa-community-incorporated-bylaws","name":"Junjuwa Community Incorporated By-laws","slug":"junjuwa-community-incorporated-by-laws","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":178396,"registerId":"wa-junjuwa-community-incorporated-bylaws-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Junjuwa Community Incorporated By-laws","content":"![Crest]()Western Australia\n\nAboriginal Communities Act 1979\n\nJunjuwa Community Incorporated By-laws\n\n- **Reprinted under the *Reprints Act 1984* as**\n- **at 8 April 2005**\n\n\nWestern Australia\n\nJunjuwa Community Incorporated By-laws\n\nContents\n\nPart 1 — Preliminary\n\n1. Citation 1\n\n2. Commencement 1\n\n3. Definitions and application 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\n18. Offences 9\n\nPart 7 — Penalties and orders of the Court\n\n19. Penalties 10\n\n20. Defence of acting under custom 10\n\n21. 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 8 April 2005**\n\n\nWestern Australia\n\nAboriginal Communities Act 1979\n\nJunjuwa Community Incorporated By‑laws\n\n## Part 1 — Preliminary\n\n##### 1. Citation\n\nThese by‑laws may be cited as the *Junjuwa 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 and application\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) Junjuwa Community Incorporated and that collective group comprising the membership of Junjuwa Community Incorporated, their spouses and dependents (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 Junjuwa 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 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\nAny person who —\n\n(a) requiring permission under these by‑laws, enters or remains on community land without permission; or\n\n(b) having permission under these by‑laws, contravenes any term or condition of his permission to be or remain on community land; or\n\n(c) fails to comply with the terms of an order made pursuant to these by‑laws that he leave the community land,\n\ncommits an offence.\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 an offence.\n\n##### 7. Homes\n\nAny person who is told (by principal occupant or by the person then in charge thereof) to leave the house of another and who refuses to leave as directed commits an offence.\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 for the purpose of inhalation; or\n\n(ii) intends to sell or supply the deleterious substance 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 an offence.\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 a prohibited 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, committed a breach of by‑law; or\n\n(ii) to have, while on community land, committed a breach of by‑law;\n\n(d) if he has reasonable cause to suspect that a prohibited substance is in any vehicle in contravention of these by‑laws, stop, detain and search such vehicle and seize any deleterious substance and any receptacle containing 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 prohibited 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##### 18. Offences\n\nA person who breaches or fails to comply with any of the provisions of by‑laws 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15, commits an offence.\n\n## Part 7 — Penalties and orders of the Court\n\n##### 19. Penalties\n\n(a) 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(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 19 amended: Gazette 14 May 2004 p. 1454.]\n\n##### 20. 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\n##### 21. 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 8 April 2005 of the *Junjuwa 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| *Junjuwa Community Incorporated By‑laws* | 10 May 1991 p. 2357‑9 | 10 May 1991 (see bl. 2) |\n| *Sentencing Legislation (Short Sentences ‑ Aboriginal Community By‑Laws) Amendment Regulations 2004* r. 9 | 14 May 2004 p. 1451‑8 | 15 May 2004 (see r. 2 and *Gazette* 14 May 2004 p. 1445) |\n| **Reprint 1: The *Junjuwa Community Incorporated 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\nvehicle 3\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"This reprint incorporates a 2004 sentencing‑related amendment (see compilation table and the note that by‑law 19 was amended). The amendments reflected in the reprint relate to penalties/procedural sentencing provisions rather than a substantive expansion of the by‑laws’ scope or new regulatory subjects. In sum, the instrument remains focused on controlling access, local conduct, liquor and inhalant use, traffic and enforcement on Junjuwa community land; it has not grown significantly beyond that original purpose."},"complexity_factors":["Seven Parts and 21 by‑laws, with multiple operational provisions (entry, liquor, traffic, behaviour, enforcement).","Approximately 9 defined terms in the interpretation section (by‑law 3).","Cross‑references to at least four other statutes: Aboriginal Communities Act 1979, Liquor Licensing Act 1988, Child Welfare Act 1947, Justices Act 1902 (by‑laws 3, 9, 17).","Significant discretionary powers vested in the Council (permission, revocation, signage, liquor permissions) creating conditional outcomes (by‑laws 4, 6, 8, 11).","Police enforcement powers with ‘‘reasonable grounds’’ standards, vehicle searches and seizure/detention up to 14 days (by‑law 16).","Multiple overlapping offences listed across Parts 2–5 (by‑laws 4–15) with a single penalties regime (by‑law 19).","Procedural limitation: 6‑month time limit for commencing prosecutions (by‑law 17).","Defence based on community custom introduces evidential considerations for courts (by‑law 20)."],"plain_english_summary":"**What these by‑laws do (mechanics)**\n\n- Apply to Junjuwa community land and to everyone who is on that land, whether they are community members or not (by‑law 3).\n- Give the community Council wide discretion to control who may enter and remain on community land. Non‑Aboriginal persons need prior Council permission (which can be oral or written), the Council can revoke permission at any time, and it can order people to leave and stay away for a period (by‑law 4). Government employees acting in their duties are treated as having permission (by‑law 4(e)).\n- Create offences for entering or staying without permission, breaching conditions of permission, or failing to obey an order to leave (by‑law 5). The Council may also place signs to prohibit entry to parts of land and breach of those signs is an offence (by‑law 6).\n- Regulate behaviour in homes: if a principal occupant tells someone to leave and they refuse, that person commits an offence (by‑law 7).\n- Regulate liquor and inhalants on community land. The Council may permit or prohibit bringing, possessing, using or supplying liquor (by‑law 8). People under the influence who alarm or upset community members may not remain (by‑law 8(c)). ‘‘Deleterious substances’’ (glue or volatile liquids) and petrol may not be possessed for inhalation or sold/supplied where there are reasonable grounds to suspect intended inhalation (by‑law 10). Medical use of pharmaceutical preparations is exempt where appropriately prescribed or controlled by a medical professional (by‑law 9).\n- Regulate traffic: the Council may place traffic signs and it is an offence to disobey them (by‑law 11). Driving on community land must be with care; driving dangerously, driving community‑owned vehicles without permission, driving under the influence of prohibited substances, or driving without an appropriate licence are offences (by‑law 12).\n- Prohibit offensive or disorderly behaviour, wilful damage to community or private property, and interruption of Council or customary meetings (by‑laws 13–15).\n- Give Western Australia Police powers to take proceedings for by‑law breaches, remove and exclude persons where there are reasonable grounds to fear injury or damage, demand name and address, search vehicles on reasonable grounds and seize deleterious substances, and where a prohibited substance is found in a vehicle the officer may seize and detain the vehicle for up to 14 days (by‑law 16).\n- Set procedural rules: prosecutions are complaints and summonses under the Justices Act and must be started within 6 months of the alleged offence (by‑law 17). Breach of the listed by‑laws is an offence (by‑law 18).\n- Set maximum penalties: a fine of up to $100 and, in addition, the court may order compensation up to $250 where property damage occurred. Courts may also order destruction or forfeiture of seized property related to prohibited substances (by‑law 19).\n- Allow a defence that the defendant was acting under and excused by any custom of the community (by‑law 20).\n- Provide that a Council member charged with a liquor offence (by‑law 8) is treated as having ceased to be an effective Councillor until the charge is withdrawn or dismissed (by‑law 21).\n\n**Who this affects**\n\n- Community members (the by‑laws are addressed to the incorporated community and its members and their spouses/dependents) and every person present on community land (by‑law 3).\n- Non‑Aboriginal visitors or workers: they must obtain Council permission to be on the land and may be excluded (by‑law 4).\n- People who use, sell or possess liquor, petrol or volatile inhalants on community land, and drivers of vehicles on community land (by‑laws 8–12).\n- Council members, because a liquor charge affects their status (by‑law 21).\n- Police and courts, because enforcement relies on police powers and prosecution in the magistrates’ jurisdiction (by‑laws 16–19).\n\n**Why it matters (claimed purpose and practical effects)**\n\n- The instrument is framed to give the local Council legal authority to control access, behaviour, safety and certain public‑health risks (liquor and inhalants) on community land. The by‑laws therefore transfer decision rights about entry, conditions of stay, and local conduct to the Council (by‑laws 4, 8–12, 13–15).\n\n- Who pays: the primary burdens fall on non‑members, visitors, and anyone who breaches conduct rules (exposure to fines, exclusion, seizure of items). The community benefits from concentrated local control (by‑laws 4, 5, 16). Courts may require convicted persons to pay modest compensation for damage (by‑law 19).\n\n- Who decides: the Council exercises broad, discretionary powers (permission, conditions, signs, sanctions) and police exercise operational enforcement powers on ‘‘reasonable grounds’’ (by‑laws 4, 6, 8, 11, 16).\n\n- Behavioural effects and incentives: people and businesses planning to enter the land must seek and comply with Council permission and conditions (by‑law 4). The restrictions on liquor and inhalants create legal barriers to bringing and using those substances on community land, incentivising abstention on premises or moving supply/use off‑site (by‑laws 8, 10). Traffic rules limit vehicle use and require licences/permission for community vehicles (by‑law 12).\n\n- Implementation and compliance risks: because many permissions may be oral and councils may revoke without giving reasons, recordkeeping and dispute resolution can be challenging for visitors and contractors. Police powers to search and detain on ‘‘reasonable grounds’’ and to seize vehicles for up to 14 days create practical enforcement consequences (by‑law 16). The 6‑month prosecution window may limit the time for legal remedy or deterrence (by‑law 17).\n\n- Costs and trade‑offs: the by‑laws impose low monetary penalties (fine up to $100, compensation up to $250), so enforcement relies more on exclusion, seizure, and community sanctions than on large fines (by‑law 19). The Council’s discretion can produce variable outcomes for outsiders depending on how it is exercised (by‑law 4).\n\n**Relevant cross‑references and limits**\n\n- The by‑laws operate subject to State and Commonwealth law and cross‑reference the Aboriginal Communities Act, the Liquor Licensing Act, the Child Welfare Act and the Justices Act (by‑laws 3, 4, 9, 17). Government employees acting in their official capacity are exempt from the permission requirement (by‑law 4(e)).\n\n**Immediate practical points for a visitor, contractor or business**\n\n- Obtain written permission from the Council before entering or undertaking work (by‑law 4).\n- Do not bring or use liquor or volatile inhalants without explicit Council permission (by‑laws 8, 10). Be prepared for searches and possible seizure of goods or vehicles if police have reasonable grounds (by‑law 16).\n- Keep records of permissions and conditions to reduce disputes given the possibility of oral permissions and discretionary revocations (by‑law 4).\n\n(References are to the by‑law numbers cited above.)"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as no legislative content was available for review. The page containing the Junjuwa Community Incorporated By-laws is no longer accessible at the provided URL."},"complexity_factors":["No actual legislative text was retrievable — the page returned a 404-style error notice","Analysis is impossible without the underlying document","Complexity score defaults to 1 as there is nothing substantive to evaluate"],"plain_english_summary":"**No legislation could be retrieved for analysis.**\n\nThe page that was meant to contain the Junjuwa Community Incorporated By-laws is no longer available on the Western Australian legislation website. The content returned is simply an error/redirect notice, not the actual by-laws themselves.\n\n**What we do know from the title alone:**\n- Junjuwa is an Aboriginal community located in the Fitzroy Crossing area of Western Australia\n- 'Incorporated by-laws' typically refer to rules governing how a community organisation operates — things like meetings, membership, decision-making, and conduct within the community\n- These types of by-laws generally affect **residents and members of that specific community**, not the broader public\n\n**What you should do:** Visit the Western Australian legislation website directly and search for 'Junjuwa Community Incorporated By-laws' using their menu or search function, as the URL for this document appears to have changed."},"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"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose: providing a basic regulatory framework for entry, conduct, alcohol control, and enforcement on Aboriginal community lands. The 2004 amendment (noted in the compilation table) modified penalty provisions but did not expand the substantive scope beyond the original intent of local community governance."},"complexity_factors":["Short document: only 21 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","Only 9 defined terms in the interpretation section","Straightforward conditional structure: most provisions use simple 'no person shall' or 'any person who' formulations","Limited exceptions: only one explicit defence (customary law in by-law 20) and one exemption (pharmaceuticals in by-law 9)","No nested subsections beyond single-level lettering (a), (b), (c) — no double-nesting like (a)(i)(A)"],"plain_english_summary":"**What this is:** These are local rules (called \"by-laws\") made under Western Australia's *Aboriginal Communities Act 1979* specifically for the Junjuwa Community — an Aboriginal community in Western Australia. Think of them as a community-specific rulebook that sits alongside regular state laws.\n\n**Who it affects:**\n- **Everyone on Junjuwa community land** — both community members and visitors\n- **The Community Council** — which makes decisions about who can enter, what rules apply, and who can drink alcohol\n- **Police** — who have special powers to enforce these rules\n\n**What it does:**\n\n**Controls who can come onto the land**\n- Non-Aboriginal people generally need permission from the Council 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 in\n\n**Manages alcohol and drugs**\n- Alcohol is banned unless the Council specifically permits it\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**Covers everyday behaviour**\n- No careless or dangerous driving\n- No offensive language, fighting, or disorderly conduct\n- No damaging property (community or personal)\n- No disrupting Council meetings or traditional gatherings\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 stop and search vehicles for sniffing substances\n- Can seize vehicles for up to 14 days if used for carrying banned substances\n\n**Penalties and special rules**\n- Maximum fine: $100 (this was amended in 2004 — previously could include short jail terms)\n- Can be ordered to pay up to $250 compensation for damage\n- **Important cultural protection:** It's a valid defence if you were following 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 the Junjuwa Community legal tools to control their own land, manage alcohol-related harm, and maintain cultural practices — while balancing individual rights with collective community safety."}},"importantCases":[],"_links":{"self":"/api/acts/junjuwa-community-incorporated-by-laws","history":"/api/acts/junjuwa-community-incorporated-by-laws/history","analysis":"/api/acts/junjuwa-community-incorporated-by-laws/analysis","conflicts":"/api/acts/junjuwa-community-incorporated-by-laws/conflicts","importantCases":"/api/acts/junjuwa-community-incorporated-by-laws/important-cases","documents":"/api/acts/junjuwa-community-incorporated-by-laws/documents"}}