{"id":"looma-community-inc-bylaws","name":"Looma Community Inc. By-laws","slug":"looma-community-inc-by-laws","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":178858,"registerId":"wa-looma-community-inc-bylaws-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Looma Community Inc. By-laws","content":"![Crest]()Western Australia\n\nAboriginal Communities Act 1979\n\nLooma Community Inc. By-laws\n\nWestern Australia\n\nLooma Community Inc. By-laws\n\nContents\n\nPart 1 — Preliminary\n\n1. Citation 1\n\n2. Commencement 1\n\n3. Definitions 1\n\nPart 2 — Community land\n\n4. Permission required to enter and remain on community land 2\n\n5. Restriction of entry into areas 2\n\n6. Homes 3\n\nPart 3 — Traffic\n\n7. Traffic signs 4\n\n8. Careless and dangerous driving 4\n\n9. Areas prohibited to vehicles 4\n\nPart 4 — Offences relating to alcohol\n\n10. Prohibition of alcohol on community land 5\n\nPart 5 — Regulation of other matters\n\n11. Wilful damage 6\n\n12. Litter 6\n\n13. Offensive behaviour 6\n\n14. Disruption of meetings 6\n\n15. Fires 6\n\nPart 6 — Enforcement and proceedings\n\n16. Powers of police and wardens 7\n\n17. Procedure 8\n\n18. Offences 8\n\n19. Fine 8\n\n20. Restitution 8\n\n22. 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\nLooma Community Inc. By‑laws\n\n## Part 1 — Preliminary\n\n##### 1. Citation\n\nThese by‑laws shall be called the *Looma Community Inc. 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  the Act means the *Aboriginal Communities Act 1979*;\n\n  community means the Looma Community Inc.;\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 Council means the council of the Looma Community Inc.;\n\n  member of the community means any person who is accepted as a member of the community for the time being;\n\n  vehicle has the same meaning as it has under the *Road Traffic Act 1974*.\n\n## Part 2 — Community land\n\n##### 4. Permission required to enter and remain on community land\n\n(1) Except as provided to the contrary in any Act or regulation a person who is not a member of the community shall not enter or remain on community land without the permission of the Council.\n\n(2) The Council may in its absolute discretion —\n\n(a) grant or refuse permission for a person to enter community land orally or in writing;\n\n(b) impose such conditions as it thinks fit in granting permission to enter community land and;\n\n(c) revoke such permission at any time.\n\n(3) The Council may delegate its powers under this by‑law to any person as the Council thinks fit and without prejudice to its own exercise of its powers under this by‑law.\n\n(4) Except as provided to the contrary in any Act or regulation any person who —\n\n(a) enters community land without the prior permission of the Council;\n\n(b) having been granted permission to enter community land on certain conditions breaches any such condition; or\n\n(c) having entered community land with permission of the Council refuses to leave when requested to do so by the Council or its duly authorised delegate,\n\ncommits an offence.\n\n##### 5. Restriction of entry into areas\n\n(1) Subject to the provision of any Act or regulation to the contrary, the Council may place signs on community land for the purpose of prohibiting entry to the part of the land on which the sign is placed or to such part of the community land indicated by the inscription on the sign.\n\n(2) An inscription on such a sign operates and has effect according to its tenor.\n\n(3) Any person who fails to obey the directions in the inscription on such a sign commits an offence.\n\n##### 6. Homes\n\n(1) A person shall not enter the home of another person without obtaining the prior permission of that person.\n\n(2) A 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##### 7. Traffic signs\n\n(1) The Council may cause signs called **“traffic signs”** to be erected on community land for the purpose of prohibiting, regulating or guiding vehicle traffic and the passage of pedestrians.\n\n(2) The inscription on a traffic sign operates and has effect according to its tenor.\n\n(3) Any person who fails to comply with the directions in an inscription on a traffic sign commits an offence.\n\n##### 8. Careless and dangerous driving\n\n(1) A person shall not drive a vehicle on community land without due care and attention.\n\n(2) A person shall not 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 any person.\n\n##### 9. Areas prohibited to vehicles\n\n(1) The Council may declare any area of community land as an area to which access by vehicles or certain types of vehicles shall be prohibited.\n\n(2) Any person who drives a vehicle in an area declared to be a prohibited area by the Council under this by‑law commits an offence.\n\n## Part 4 — Offences relating to alcohol\n\n##### 10. Prohibition of alcohol on community land\n\nAny person who —\n\n(1) brings alcohol onto community land;\n\n(2) assists another person to bring alcohol onto community land;\n\n(3) is in possession of alcohol on community land;\n\n(4) sells or supplies alcohol to another person on community land; or\n\n(5) enters community land in a drunken condition;\n\ncommits an offence.\n\n## Part 5 — Regulation of other matters\n\n##### 11. Wilful damage\n\nA person shall not wilfully damage any tree, bush, flower, lawn, building, structure, vehicle or other thing.\n\n##### 12. Litter\n\nA person shall not leave any rubbish or litter —\n\n(1) in any home or in an enclosure around a home without the permission of the occupier of that home; or\n\n(2) in any other area of the community land except in a rubbish bin or in an area set aside by the Council for leaving rubbish and litter.\n\n##### 13. Offensive behaviour\n\nA person shall not cause a disturbance or annoyance to other persons by using abusive language or fighting or otherwise act in an offensive or disorderly manner.\n\n##### 14. Disruption of meetings\n\nA person shall not interrupt any meeting of the Council or the community or any customary meeting by noise or any other offensive or disorderly behaviour.\n\n##### 15. Fires\n\n(1) A person shall not kindle, light, make or use a fire other than in a place set aside by the Council for that purpose without the permission of the Council.\n\n(2) This by‑law 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) This by‑law does not authorise a person to light a fire in an open fireplace in contravention of the *Bush Fires Act 1954*.\n\n## Part 6 — Enforcement and proceedings\n\n##### 16. Powers of police and wardens\n\n(1) Any alcohol brought onto community land by any person contrary to by-law 10 shall be liable to confiscation.\n\n(2) A member of the Police Force may —\n\n(a) seize any alcohol and any receptacle containing such alcohol that he reasonably suspects to be liable to confiscation under these by‑laws;\n\n(b) if he reasonably suspects that alcohol is in any vehicle in breach of these by‑laws, enter and search that vehicle using such force as is reasonably necessary for the purpose;\n\n(c) stop any vehicle for the purpose of carrying out a search in pursuance of sub‑paragraph (b);\n\n(d) upon confiscating any alcohol, dispose of the contents of any receptacle containing such alcohol, if he is of the opinion that such action is necessary or conducive to the preservation of good order on the community land or the prevention of any offence under these by‑laws or under any law of the State of Western Australia;\n\n(e) subject to sub‑paragraph (d) keep any confiscated alcohol in his custody or control for such period of time as is necessary in the interests of justice.\n\n(3) 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 for a period not exceeding 24 hours and in any event that person shall be returned to community land if a Court is convened to deal with him according to law.\n\n(4) A member of the Police Force may request the name and address of any person who he believes on reasonable grounds to have committed a breach of any of these by‑laws.\n\n(5) Any person who when called upon to give their name and address under this by‑law fails to give their name and address commits an offence.\n\n(6) A member of the Police Force may take proceedings against any person for any breach of a by‑law.\n\n##### 17. Procedure\n\nSubject to the *Child Welfare Act 1947* proceedings for an offence against a by‑law shall be commenced by way of complaint 2 and summons under and in accordance with the *Justices Act 1902* 3 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 6, 8, 11, 12, 13, 14, 15 commits an offence.\n\n##### 19. Fine\n\nA person who is convicted of an offence against a by‑law is liable to a fine of $100.\n\n[By-law 19 inserted: Gazette 14 May 2004 p. 1455.]\n\n##### 20. Restitution\n\nIn addition to any fine imposed for breach of the by‑laws the Court may order a person convicted of an offence against these by‑laws 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 20 amended: Gazette 14 May 2004 p. 1455.]\n\n##### 22. 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 reprint is a compilation as at 8 July 2005 of the *Looma Community Inc. 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| *Looma Community Inc. By‑laws* | 10 May 1991 p. 2360‑2 | 10 May 1991 (see bl. 2) |\n| *Sentencing Legislation (Short Sentences ‑ Aboriginal Community By‑Laws) Amendment Regulations 2004* r. 12 | 14 May 2004 p. 1451-8 | 15 May 2004 (see r. 2 and *Gazette* 14 May 2004 p. 1445) |\n| **Reprint 1: The *Looma Community Inc. By‑laws* as at 8 Jul 2005** (includes amendments listed above) | | |\n\n\n2 Under the *Criminal Procedure and Appeals (Consequential and Other Provisions) Act 2004* s. 81 a reference in a written law or book, document or writing to a complaint in the context of commencing proceedings in a court for an offence is, unless the contrary intention appears, to be taken to be a reference to a prosecution notice under the *Criminal Procedure Act 2004*.\n\n3 The short title of the *Justices Act 1902* was changed to the *Criminal Procedure (Summary) Act 1902* by the *Courts Legislation Amendment and Repeal Act 2004* s. 23.\n\nThe *Criminal Procedure (Summary) Act 1902* was then repealed by the *Criminal Procedure and Appeals (Consequential and Other Provisions) Act 2004* s. 4. Under that section, a reference in a written law or book, document or writing to the *Criminal Procedure (Summary) Act 1902* is, unless the contrary intention appears, to be construed as if it had been amended to be a reference to the *Criminal Procedure Act 2004*.\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\ncommunity 3\n\ncommunity land 3\n\nmember of the community 3\n\nthe Act 3\n\nthe Council 3\n\nvehicle 3\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The core regulatory scope (access control, conduct, traffic, alcohol prohibitions) remains from the original by‑laws, but 2004 amendments inserted an explicit fine amount (by‑law 19) and adjusted restitution provisions (by‑law 20) and updated procedural cross‑references (Gazette 14 May 2004 p.1455; compilation notes). Those amendments increased the clarity and enforceability of sanctions without altering the substantive topics regulated."},"complexity_factors":["Cross‑references to multiple state Acts (Aboriginal Communities Act 1979, Road Traffic Act 1974, Bush Fires Act 1954, Child Welfare Act 1947, Criminal Procedure/Justices Acts)","Broad discretionary powers vested in the Council (s4(2)) and ability to delegate (s4(3))","Enforcement powers granted to police including search, seizure, disposal and temporary removal (s16)","Mixture of regulatory, criminal and restorative remedies: summary offences, fixed fine, and restitution (ss17, 18–20)","Procedural time limits and initiation rules tied to other statutes (s17 and notes)","Defence based on customary practice (s22) which introduces evidential and cultural considerations"],"plain_english_summary":"**These by‑laws give the Looma Community Council authority to control entry to community land and to set rules on traffic, alcohol, fires, litter, damage and behaviour.** Non‑members must obtain permission to enter; the Council may place signs, declare vehicle‑free areas, and set conditions or revoke access (s4, s5, s7, s9, s10). Police have powers to search, seize alcohol and temporarily remove people (s16). Breaches attract summary proceedings with a $100 fine and up to $250 restitution; the Council may delegate its powers (ss16, 19–20, 4(2)–(3))."},"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":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The by-laws remain focused on their original purpose: regulating conduct on Aboriginal community land under the Aboriginal Communities Act 1979. The amendments shown in the compilation table (2004) are technical updates to sentencing and court procedure references rather than substantive expansion of scope. The document maintains its narrow, local regulatory function without mission creep."},"complexity_factors":["Only 6 defined terms in the interpretation section","Straightforward structure with 6 clear parts covering discrete topics (land access, traffic, alcohol, general conduct, enforcement)","Minimal cross-referencing – mostly internal references to 'the Act' (Aboriginal Communities Act 1979) and standard road traffic legislation","Simple conditional logic – offences are clearly listed with 'a person shall not' formulations","Limited exceptions – only a few explicit exemptions (e.g., fires for cooking/heating in homes, defence of acting under custom)","Short length – approximately 22 operative provisions plus preliminary matters","No nested definitions or recursive cross-references","Procedural provisions reference standard Western Australian criminal procedure legislation (now superseded but clearly mapped in notes)"],"plain_english_summary":"These are the local rules (by-laws) for Looma Community, an Aboriginal community in Western Australia. They set out how people must behave on community land and what happens if they break the rules.\n\n**Who it affects:**\n- **Community members** – people officially accepted as belonging to the Looma Community\n- **Visitors** – anyone else who wants to enter the community land\n- **Police and community wardens** – who enforce the rules\n\n**What the rules cover:**\n\n**Entering the community:**\n- Non-members need permission from the Community Council to enter or stay on community land\n- The Council can set conditions, refuse entry, or ask people to leave at any time\n- Certain areas can be declared off-limits with signs\n\n**Respecting homes:**\n- You cannot enter someone's home without their permission\n- You must leave if the occupier asks you to\n\n**Traffic and driving:**\n- The Council can put up traffic signs that must be obeyed\n- No careless or dangerous driving\n- Some areas can be declared no-go zones for vehicles\n\n**Alcohol bans:**\n- Completely banned on community land – no bringing it in, possessing it, selling it, or being drunk on the land\n- Police can confiscate alcohol and search vehicles if they suspect alcohol is being brought in\n\n**General behaviour:**\n- No wilful damage to property, plants, or buildings\n- No littering (must use bins or designated areas)\n- No offensive behaviour, fighting, or abusive language\n- No disrupting community or Council meetings\n- No fires except in designated areas or home fireplaces (and must follow bushfire laws)\n\n**Enforcement:**\n- Police can remove troublemakers from the land for up to 24 hours if they're likely to hurt someone or damage property\n- Police can ask for your name and address if they suspect you've broken a by-law\n- Breaking most rules carries a $100 fine\n- Courts can also order up to $250 in compensation for damage caused\n- There's a special defence if you were following community custom"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"No legislation content was retrievable. A scope assessment cannot be performed. The page simply confirms the URL is broken and the document is not available at this location."},"complexity_factors":["No legislation content was provided — only a 404-style error page","Cannot assess complexity of the actual by-laws as the text is unavailable","Score of 1 reflects absence of content, not simplicity of the underlying law"],"plain_english_summary":"**No legislation could be retrieved.**\n\nThe link provided does not lead to actual legislation. Instead, it returns a **broken/removed webpage** from the Western Australian legislation website, explaining that the page for the Looma Community Inc. By-laws is no longer available due to system upgrades.\n\n**What this means for you:** There is no accessible text of the Looma Community Inc. By-laws at this URL. To find the actual by-laws, you would need to:\n- Navigate directly through the Western Australian legislation website menu\n- Contact the Parliamentary Counsel's Office Helpdesk\n- Search the WA legislation register directly at legislation.wa.gov.au"}},"importantCases":[],"_links":{"self":"/api/acts/looma-community-inc-by-laws","history":"/api/acts/looma-community-inc-by-laws/history","analysis":"/api/acts/looma-community-inc-by-laws/analysis","conflicts":"/api/acts/looma-community-inc-by-laws/conflicts","importantCases":"/api/acts/looma-community-inc-by-laws/important-cases","documents":"/api/acts/looma-community-inc-by-laws/documents"}}