{"id":"mindibungu-aboriginal-corporation-bylaws","name":"Mindibungu Aboriginal Corporation By-laws","slug":"mindibungu-aboriginal-corporation-by-laws","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":178963,"registerId":"wa-mindibungu-aboriginal-corporation-bylaws-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Mindibungu Aboriginal Corporation By-laws","content":"![Crest]()Western Australia\n\nAboriginal Communities Act 1979\n\nMindibungu Aboriginal Corporation By-Laws\n\nWestern Australia\n\nMindibungu Aboriginal Corporation By-Laws\n\nContents\n\nPart 1 — Preliminary\n\n1. Citation 2\n\n2. Commencement 2\n\n3. Definitions 2\n\nPart 2 — Community land\n\n4. Permission required to enter and remain on Community land 3\n\n5. Restriction of entry into areas 3\n\n6. Homes 4\n\nPart 3 — Traffic\n\n7. Traffic signs 5\n\n8. Careless and dangerous driving 5\n\n9. Areas prohibited to vehicles 5\n\nPart 4 — Offences relating to alcohol\n\n10. Prohibition of alcohol on community land 6\n\nPart 5 — Regulation of other matters\n\n11. Wilful damage 7\n\n12. Litter 7\n\n13. Offensive behaviour 7\n\n14. Disruption of meetings 7\n\nPart 6 — Enforcement and proceedings\n\n15. Powers of police 8\n\n16. Offences 8\n\n17. Fine 8\n\n18. Restitution 8\n\n19. 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\nMindibungu Aboriginal Corporation By-Laws\n\nMade by the Council of the Mindibungu Aboriginal Corporation under the *Aboriginal Communities Act 1979*.\n\n## Part 1 — Preliminary\n\n##### 1. Citation\n\nThese by-laws may be cited as the *Mindibungu Aboriginal Corporation By-laws*.\n\n##### 2. Commencement\n\nThese by-laws shall come into effect when approved by the Governor and published in the *Government Gazette*.\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 Mindibungu Aboriginal Corporation.\n\n  Community Land means that land declared by the Governor under S6 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 (as amended)*.\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 community adviser or other officer in the employ of the Community 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; commits an offence.\n\n##### 5. Restriction of entry into areas\n\nSubject to the provisions of any Act or regulation to the contrary —\n\n(1) 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 the public or 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) possesses alcohol on community land;\n\n(3) supplies alcohol to another on community land;\n\n(4) enters community land in a drunken condition;\n\n(5) is drunk on community land;\n\n(6) consumes alcohol on community land; or\n\n(7) drives a vehicle on community land whilst under the influence of alcohol;\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## Part 6 — Enforcement and proceedings\n\n##### 15. 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 for a period not exceeding twenty four 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(2) 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(3) 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(4) A member of the Police Force may commence proceedings for any breach of a by-law.\n\n##### 16. Offences\n\nA person who breaches or fails to comply with any of the provisions of by-laws 6, 8, 11, 12, 13 and 14 commits an offence.\n\n##### 17. 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 17 inserted: Gazette 14 May 2004 p. 1455.]\n\n##### 18. 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 18 amended: Gazette 14 May 2004 p. 1456.]\n\n##### 19. 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 the excused by any custom of the community.\n\nNotes\n\n1 This is a compilation of the *Mindibungu Aboriginal Corporation By-laws* and includes the amendments made by the other written laws referred to in the following table.\n\nCompilation table\n\n| **Citation** | **Gazettal** | **Commencement** |\n| --- | --- | --- |\n| *Mindibungu Aboriginal Corporation By-laws* | 10 May 1991 p. 2362-5 | 10 May 1991 |\n| *Sentencing Legislation (Short Sentences ‑ Aboriginal Community By‑Laws) Amendment Regulations 2004* r. 13 | 14 May 2004 p. 1451-8 | 15 May 2004 (see r. 2 and *Gazette* 14 May 2004 p. 1445) |\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\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":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The by-laws appear consistent with their original purpose under the Aboriginal Communities Act 1979. They cover the standard domains expected for community self-governance: land access control, traffic management, alcohol prohibition, public order, and enforcement mechanisms. The 2004 amendments (visible in the compilation table) were limited to adjusting penalty provisions ($100 fine and $250 restitution) to align with sentencing legislation changes, not an expansion of substantive scope."},"complexity_factors":["Short document: only 19 by-laws across 6 parts","Minimal cross-referencing: only references to the parent Aboriginal Communities Act 1979 and Road Traffic Act 1974","Simple conditional structure: mostly straightforward prohibitions ('A person shall not...') with minimal nested exceptions","Only 5 defined terms in the interpretation section, plus one term ('The Council') that contains an apparent error (refers to 'Looma Community Inc' rather than Mindibungu)","Clear offence/defence structure in Part 6 with explicit penalty provisions","Some minor drafting inconsistencies (e.g., by-law 16 references specific by-law numbers rather than using a general 'all offences' formulation, creating a gap where by-laws 4, 5, 7, 9, and 10 aren't explicitly listed as offences despite creating prohibitions)"],"plain_english_summary":"**What this is:** These are local rules (called \"by-laws\") made by the Mindibungu Aboriginal Corporation for their community land in Western Australia. They operate under the *Aboriginal Communities Act 1979*.\n\n**Who it affects:**\n- **Community members** — people formally accepted as members of the Mindibungu Aboriginal Corporation\n- **Visitors** — anyone else who wants to enter the community land\n- **Police** — who have specific powers to enforce these rules\n\n**What it does:**\n\n**Controls access to land:**\n- Non-members need permission from the Council to enter or stay on community land\n- The Council can set conditions, refuse entry, or kick people out\n- Certain areas can be declared off-limits with signs\n\n**Sets traffic rules:**\n- The Council can put up traffic signs that must be obeyed\n- No careless or dangerous driving\n- Some areas can be declared vehicle-free zones\n\n**Bans alcohol completely:**\n- No bringing, possessing, supplying, or drinking alcohol on community land\n- No being drunk on community land\n- No driving under the influence\n\n**Covers general behaviour:**\n- No entering someone's home without permission\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 Council or community meetings\n\n**Enforcement:**\n- Police can arrest and remove someone for up to 24 hours if they're causing injury or damage\n- Police can demand names and addresses\n- Most offences carry a $100 fine\n- Courts can order up to $250 in compensation for damage\n- **Important cultural protection:** It's a valid defence if you were acting according to community custom"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The compilation notes a 2004 amendment that inserted by‑law 17 (fine) and amended by‑law 18 (restitution). Those changes alter penalties but do not, on their face, expand or narrow the catalogue of prohibited conduct set out in the by‑laws. The core subject‑matter and regulated classes (members, visitors, drivers) remain the same in the text. The instrument does contain a drafting inconsistency in the definition of 'The Council' (s3) but the text does not show a deliberate change to scope of regulated behaviour."},"complexity_factors":["Cross-references to other statutes (Aboriginal Communities Act; Road Traffic Act) create external dependency for meanings and limits (s3, s4(1), s7)","Wide discretionary powers for the Council to grant/refuse, condition and revoke entry (s4(2)) and to declare vehicle‑prohibited areas (s9(1))","Delegation of Council powers to community officers increases administrative routing and potential variability (s4(3))","Enforcement combines community decisions with police powers (apprehension/removal up to 24 hours; name/address requests) creating mixed enforcement lines (s15)","Many offences defined by failure to obey signs or inscriptions (s5(1)–(3), s7(1)–(3)) which relies on variable signage content","Fixed, low-level monetary penalty plus discretionary restitution order introduces two-layer sanctioning (ss17–18)","Defence of acting under community custom introduces interpretive uncertainty about lawful exceptions (s19)","A drafting inconsistency in definitions (The Council defined as the council of the Looma Community Inc. while Community is Mindibungu) raises clarity and application issues (s3)"],"plain_english_summary":"These by‑laws let the Mindibungu Council control entry and behaviour on Mindibungu community land — granting or revoking permission to enter, directing vehicle movement, and prohibiting alcohol and disorderly conduct. The Council may post signs, set conditions and delegate decisions; police may remove and prosecute suspected offenders (ss4,7–10,15).\n\nBreaches attract a $100 fine and possible compensation up to $250; acting under community custom is a defence (ss17–19). The rules apply to members, visitors and drivers and place compliance and enforcement responsibilities on the Council and police."},"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"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"No scope assessment is possible. The document retrieved contains no legislative text — only a system error message advising that the requested page is unavailable. There is no content from which to determine whether scope changed from any original intent."},"complexity_factors":["No legislative content was provided — the source is a website error/404 page","Impossible to assess complexity without the actual by-law text","Score of 1 reflects absence of content, not simplicity of any underlying law"],"plain_english_summary":"## ⚠️ Document Unavailable\n\nThis document does **not contain any actual legislation**. The page retrieved is an error message from the Western Australian legislation website, indicating that the page for the **Mindibungu Aboriginal Corporation By-laws** is no longer available at the expected web address.\n\n**What this means for you:**\n- The by-laws themselves could not be retrieved — only a \"page not found\" notice was returned\n- If you need the actual Mindibungu Aboriginal Corporation By-laws, you will need to:\n  - Re-navigate the WA legislation website using its menu\n  - Contact the Parliamentary Counsel's Office Helpdesk directly\n  - Search the ORIC (Office of the Registrar of Indigenous Corporations) database, as Aboriginal corporation by-laws are typically registered federally under the *Corporations (Aboriginal and Torres Strait Islander) Act 2006* (Cth)\n\n**No legal analysis can be provided** without access to the actual text of the by-laws."}},"importantCases":[],"_links":{"self":"/api/acts/mindibungu-aboriginal-corporation-by-laws","history":"/api/acts/mindibungu-aboriginal-corporation-by-laws/history","analysis":"/api/acts/mindibungu-aboriginal-corporation-by-laws/analysis","conflicts":"/api/acts/mindibungu-aboriginal-corporation-by-laws/conflicts","importantCases":"/api/acts/mindibungu-aboriginal-corporation-by-laws/important-cases","documents":"/api/acts/mindibungu-aboriginal-corporation-by-laws/documents"}}