{"id":"mugarinya-community-association-incorporated-bylaws","name":"Mugarinya Community Association Incorporated By-laws","slug":"mugarinya-community-association-incorporated-by-laws","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":179092,"registerId":"wa-mugarinya-community-association-incorporated-bylaws-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Mugarinya Community Association Incorporated By-laws","content":"![Crest]()Western Australia\n\nAboriginal Communities Act 1979\n\nMugarinya Community Association Incorporated By-laws\n\nWestern Australia\n\nMugarinya Community Association 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\n16. Firearms, offensive weapons and dangerous materials 7\n\nPart 6 — Enforcement and proceedings\n\n17. Powers of police 8\n\n18. Procedure 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\nWestern Australia\n\nAboriginal Communities Act 1979\n\nMugarinya Community Association Incorporated By‑laws\n\n## Part 1 — Preliminary\n\n##### 1. Citation\n\nThese by‑laws may be cited as the *Mugarinya Community Association 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  deleterious substance means glue or any volatile liquid containing hydrocarbons;\n\n  liquor means liquor as defined in the *Liquor Licensing Act 1988*;\n\n  the Act means the *Aboriginal Communities Act 1979*;\n\n  the community means (as the context requires) Mugarinya Community Associated Incorporated (Yandeearra) and that collective group comprising the membership of Mugarinya Community Associated Incorporated (Yandeearra), their spouses and dependants (where not members in their own right) and members of the community has a correlative meaning;\n\n  the Council means the Council of Mugarinya Community Association Incorporated (Yandeearra);\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\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\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 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##### 16. Firearms, offensive weapons and dangerous materials\n\n(a) No person shall use or discharge any firearm or other offensive weapon without approval of the Council which approval may be withdrawn by the Council at any time without having to give any reason therefore.\n\n(i) For the purpose of this by-law offensive weapons includes crossbow and bow and arrow.\n\n## Part 6 — Enforcement and proceedings\n\n##### 17. 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 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##### 18. Procedure\n\nSubject to the *Child Welfare Act 1947*, proceedings for an offence against by‑law shall be commenced by the 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## Part 7 — Penalties and orders of the court\n\n##### 19. 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 17(d).\n\n[By-law 19 amended: Gazette 14 May 2004 p. 1456.]\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 an 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 7 October 2005 of the *Mugarinya Community Association 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| *Mugarinya Community Association Incorporated By‑laws* | 21 Jun 1991 p. 3005‑8 | 21 Jun 1991 (see bl. 2) |\n| *Sentencing Legislation (Short Sentences ‑ Aboriginal Community By‑Laws) Amendment Regulations 2004* r. 14 | 14 May 2004 p. 1451-8 | 15 May 2004 (see r. 2 and *Gazette* 14 May 2004 p. 1445) |\n| **Reprint 1: The *Mugarinya Community Association Incorporated By‑laws* as at 7 Oct 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\nby‑law 3\n\ndeleterious substance 3\n\nliquor 3\n\nmembers of the community 3\n\noffensive weapons 16(a)\n\nthe Act 3\n\nthe community 3\n\nthe Council 3\n\nvehicle 3\n","sortOrder":0}],"analysis":{"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as no legislative text was provided. The submission contains only a broken page notice from the Western Australian legislation website."},"complexity_factors":["No legislative content is present to analyse — the page is a 404-style error notice","Cannot assess complexity of the underlying by-laws without their text","The only substantive content is a broken link notification and an Acknowledgement of Country"],"plain_english_summary":"**This page contains no retrievable legislation.**\n\nThe link provided leads to a broken or removed page on the Western Australian legislation website. The actual text of the **Mugarinya Community Association Incorporated By-laws** is not available here — the page has been taken down due to system upgrades.\n\n**What we can tell you:**\n- Mugarinya Community Association is likely an incorporated Aboriginal community organisation in Western Australia\n- Incorporated associations (groups registered as legal entities) can create by-laws to govern how they operate internally\n- To find the actual by-laws, you would need to visit the [Western Australian legislation website](https://www.legislation.wa.gov.au) directly and search using the menu\n\n**No meaningful legal analysis can be provided** without the actual legislative text."},"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":[]},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"These by‑laws operate as delegated local regulation under the Aboriginal Communities Act: they impose entry controls, behavioural rules and enforcement mechanisms on community land but do not, on their face, expand the statutory jurisdiction beyond local governance. They nevertheless confer significant discretionary powers on the Council and create criminal offences with enforcement tools for police (see by‑laws 4, 8, 17, 19, 20)."},"complexity_factors":["Broad Council discretion to permit, condition or revoke access and permissions (by‑law 4, 8, 16) increases administrative variability and legal uncertainty for outsiders.","Criminalisation of a wide range of conduct on community land with modest fines but potential compensation orders adds hybrid civil/criminal enforcement (by‑law 19).","Enforcement powers for police including identity requests, vehicle searches, seizure of liquor/deleterious substances and temporary vehicle detention up to 14 days create procedural and evidence issues (by‑law 17(d)–(e)).","Application to all persons on community land (members and non‑members) enlarges practical reach and compliance burden (by‑law 3).","Cross‑references to State and Commonwealth laws and to criminal procedure statutes complicate commencement and court procedure (by‑laws 4, 17, 18 and notes).","Defence of acting under community custom introduces factual enquiries and potential conflicts between customary practice and written by‑laws (by‑law 20).","Some terms and limits are fact‑sensitive or imprecise (eg. 'under the influence' causing 'alarm, annoyance or upset' in by‑law 8(c)), requiring discretionary assessments by enforcers and courts."],"plain_english_summary":"These by‑laws set local rules for Mugarinya community land: who may enter and remain, controls on alcohol and inhalants, vehicle use, offensive behaviour, weapons and damage, and how breaches are enforced. The Council decides entry permissions and conditions and may place signs; police may investigate, seize substances or vehicles and start prosecutions. They apply to all people on community land, create criminal offences with fines (up to $100) and possible compensation (up to $250), and permit a defence where conduct is excused by community custom."},"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. The 2004 amendment (noted in the compilation table) updated procedural references to modern criminal procedure legislation but did not expand substantive scope. The document maintains its focus on community self-governance regarding land access, alcohol control, traffic, and public order."},"complexity_factors":["Short document: only 21 by-laws across 7 parts","Minimal cross-referencing: only references to external Acts (Liquor Licensing Act 1988, Aboriginal Communities Act 1979, Child Welfare Act 1947, Justices Act 1902/Criminal Procedure Act 2004) in notes and definitions","Simple conditional structure: most provisions use straightforward 'no person shall' or 'the Council may' language without nested exceptions","Only 8 defined terms in the interpretation section (by-law 3)","Limited enforcement machinery: basic police powers and court procedures without complex administrative layers","Some minor drafting quirks: by-law 16(a) has a sub-paragraph (i) but no (ii), suggesting either truncation or simple structure"],"plain_english_summary":"**What this is:** These are local rules (called \"by-laws\") made under Western Australia's *Aboriginal Communities Act 1979* for the Mugarinya Community (also known as Yandeearra). They set out what people can and cannot do on community land, and what happens if they break the rules.\n\n**Who it affects:**\n- **Community members** — the members of Mugarinya Community Association Incorporated, their spouses and dependants\n- **Visitors** — anyone else who enters community land, including government workers\n- **The Council** — the elected body that runs the community and enforces these rules\n\n**What it does:**\n\n**Controls who can enter the community**\n- Non-Aboriginal people generally need permission from the Council to enter or stay on community land\n- The Council can give or revoke this permission at any time, with or without reasons\n- Government workers doing their jobs are automatically allowed\n\n**Regulates alcohol and drugs**\n- No alcohol allowed on community land without Council permission\n- Being drunk and causing problems is banned\n- \"Deleterious substances\" (glue, petrol, or other inhalants) cannot be possessed for sniffing or sold to someone who might sniff them\n- Prescription medicines are okay if properly prescribed\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 permission to drive them, must have a licence, and cannot drive them while drunk or on drugs\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- No firearms or weapons (including bows and arrows) without Council approval\n\n**Police powers**\n- Police can arrest and remove people who are breaking by-laws and likely to cause harm\n- Police can stop and search vehicles for alcohol or inhalants, and can seize vehicles for up to 14 days\n- Police can ask for names and addresses of suspected offenders\n\n**Penalties and special rules**\n- Maximum fine: $100 per offence\n- Courts can order up to $250 compensation for property damage\n- **Customary law defence:** It's a valid defence if you were following traditional community customs\n- Council members automatically lose their position if charged with an alcohol offence (but get it back if cleared)\n\n**Why it matters:** These by-laws give the Mugarinya Community significant self-governance powers — controlling access to their land, regulating alcohol (a major health and social issue in many remote communities), and blending Western legal processes with recognition of Aboriginal customary law."}},"importantCases":[],"_links":{"self":"/api/acts/mugarinya-community-association-incorporated-by-laws","history":"/api/acts/mugarinya-community-association-incorporated-by-laws/history","analysis":"/api/acts/mugarinya-community-association-incorporated-by-laws/analysis","conflicts":"/api/acts/mugarinya-community-association-incorporated-by-laws/conflicts","importantCases":"/api/acts/mugarinya-community-association-incorporated-by-laws/important-cases","documents":"/api/acts/mugarinya-community-association-incorporated-by-laws/documents"}}