{"id":"ngaanyatjarra-council-aboriginal-corporation-bylaws","name":"Ngaanyatjarra Council (Aboriginal Corporation) By-laws","slug":"ngaanyatjarra-council-aboriginal-corporation-by-laws","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":179132,"registerId":"wa-ngaanyatjarra-council-aboriginal-corporation-bylaws-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Ngaanyatjarra Council (Aboriginal Corporation) By-laws","content":"![Crest]()Western Australia\n\nAboriginal Communities Act 1979\n\nNgaanyatjarra Council (Aboriginal Corporation) By-laws\n\n- **Reprinted under the *Reprints Act 1984* as**\n- **at 3 December 2004**\n\n\nWestern Australia\n\nNgaanyatjarra Council (Aboriginal Corporation) By-laws\n\nContents\n\nPart A — General\n\n1. Citation 1\n\n2. Interpretation 1\n\nPart B — Land\n\n3. Entry onto Community Land 3\n\n4. Unauthorised entry an offence 3\n\n5. Signs regulating entry 3\n\nPart C — Liquor\n\n6. Bringing of liquor onto Community Land 4\n\n7. Unauthorised possession of liquor an offence 4\n\n8. Liquor permitted for religious or medicinal purposes 4\n\nPart D — Deleterious substance\n\n9. Possession of deleterious substances an offence 6\n\n10. Sale or supply of deleterious substance 6\n\nPart E — Confiscation and proceedings\n\n11. Liquor etc. may be confiscated 7\n\n12. Powers of police 8\n\n13. Proceedings to be taken under *Justices Act 1902* 8\n\n14. Offence and penalty 8\n\nNotes\n\nCompilation table 9\n\nDefined terms\n\n  \n\n- Crest **Reprinted under the *Reprints Act 1984* as**\n- **at 3 December 2004**\n\n\nWestern Australia\n\nAboriginal Communities Act 1979\n\nNgaanyatjarra Council (Aboriginal Corporation) By‑laws\n\n## Part A — General\n\n##### 1. Citation\n\nThese by‑laws shall be called the *Ngaanyatjarra Council (Aboriginal Corporation) By‑laws* and shall come into operation when approved by the Governor and published in the *Government Gazette*1.\n\n##### 2. Interpretation\n\nIn these by‑laws —\n\n  Act means the *Aboriginal Communities Act 1979*.\n\n  Community means Ngaanyatjarra Council (Aboriginal Corporation).\n\n  Community Land means that land from time to time declared by the Governor under section 6 of the Act to be the community lands of Ngaanyatjarra Council (Aboriginal Corporation).\n\n  Member of the Community means a member for the time being of the Ngaanyatjarra Council (Aboriginal Corporation). Whether a person is or is not a member for the time being of Ngaanyatjarra Council (Aboriginal Corporation) is a question of fact to be determined according to the customs of Ngaanyatjarra Council (Aboriginal Corporation).\n\n  Committee means the Governing Committee of the Community.\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  Road means the Warburton‑Giles Road and includes such parts of the Laverton‑Warburton Road and Giles‑Docker River Road as lie within the Community Land.\n\nThese by‑laws shall apply —\n\n(a) on all Community Land; and\n\n(b) to all persons on Community Land.\n\n## Part B — Land\n\n##### 3. Entry onto Community Land\n\n(1) Except as provided in any Act or regulation to the contrary, no person other than a Member of the Community shall come onto or remain on Community Land without the prior permission of the Committee which may, in its discretion, grant permission subject to such terms and conditions and restrictions as it sees fit, or refuse permission.\n\n(2) The permission referred to in paragraph (1) shall be given in writing and may be revoked by the Committee at any time.\n\n##### 4. Unauthorised entry an offence\n\nExcept as provided in any Act or regulation to the contrary, any person who comes onto Community Land without permission of the Committee or who, having been given permission on terms and conditions to come onto Community Land, breaks a term or condition of that permission commits an offence.\n\n##### 5. Signs regulating entry\n\nSubject to the provision of any Act or regulation to the contrary —\n\n(a) the Committee 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(b) an inscription on such a sign operates and has effect according to its tenor and any person who fails to obey the directions on the inscription on such a sign commits an offence.\n\n## Part C — Liquor\n\n##### 6. Bringing of liquor onto Community Land\n\n(1) Subject to this Part, no person shall bring liquor onto Community Land without permission of the Committee.\n\n(2) The Committee may, in its discretion and subject to such terms, conditions and restrictions as it sees fit, permit any person to bring, possess, use or supply liquor on Community Land.\n\n(3) In exercising its discretion under paragraph (2), the Committee shall have regard to the welfare of the Community as the paramount consideration.\n\n(4) The permission referred to in paragraph (2) shall be given in writing and may be revoked by the Committee at any time.\n\n##### 7. Unauthorised possession of liquor an offence\n\nAny person who brings possesses or uses liquor on Community Land without the permission of the Committee, or who supplies it to others on Community Land without the permission of the Committee, or who, having been given permission in relation thereto subject to terms and conditions, breaks such terms or conditions commits an offence.\n\n##### 8. Liquor permitted for religious or medicinal purposes\n\n(1) It shall not be an offence under clause 7 where a person brings, possesses, uses or supplies liquor on Community Land —\n\n(a) for the purpose of a sacramental or other like observance in the course of constituting part of any religious service; or\n\n(b) as a medicine or for specific medical purposes and that liquor has been duly prescribed or administered by or pursuant to a direction of a legally qualified medical practitioner, registered nurse or a registered pharmaceutical chemist.\n\n(2) It shall not be an offence under clause 7 where a person who is travelling through the Community Land on the Road has liquor in his or her possession or under his or her control for the purpose only of transporting the liquor to a destination outside the Community Land.\n\n(3) In any proceedings for an offence under clause 7 the onus of establishing a purpose of a nature referred to in this clause shall be on the accused.\n\n## Part D — Deleterious substance\n\n##### 9. Possession of deleterious substances an offence\n\nA person shall not be in possession of a deleterious substance on Community Land for the purpose of inhalation.\n\n##### 10. Sale or supply of deleterious substance\n\nA person shall not sell or supply a deleterious substance to another person on Community Land if there are reasonable grounds for suspecting that the other person —\n\n(a) intends to use the deleterious substance for the purpose of inhalation; or\n\n(b) intends to sell or supply the deleterious substance for the purpose of inhalation.\n\n## Part E — Confiscation and proceedings\n\n##### 11. Liquor etc. may be confiscated\n\n(1) Any liquor brought onto any part of the Community Land by any person contrary to clause 7 is liable to confiscation.\n\n(2) A member of the police force may —\n\n(a) seize any liquor and any receptacle containing such liquor that he or she reasonably suspects to be liable to confiscation under these by‑laws;\n\n(b) if he or she has a reasonable suspicion the liquor is kept on any premises or vehicle in contravention of these by‑laws, enter and search those premises or 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 subparagraph (b);\n\n(d) upon confiscating any liquor, decant or dispose of the contents of any receptacle containing such liquor if he or she 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 subparagraph (d), keep any confiscated liquor in his or her custody or control for such period of time as may be necessary in the interests of the administration of justice;\n\n(f) confiscate and dispose of any deleterious substance that he or she reasonably suspects is to be used or has been used for the purpose of inhalation and any container that contains or has contained such deleterious substance.\n\n##### 12. 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 committing an offence against these by‑laws and it appears likely that injury to persons (including injury to the person committing the offence) or damage to property will be caused by that person, apprehend that person and may remove that person from Community Land.\n\n##### 13. Proceedings to be taken under *Justices Act 1902*\n\nSubject to the *Child Welfare Act 1947*, proceedings for an offence against a by‑law shall be commenced by 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##### 14. Offence and penalty\n\n(1) Any person who breaks these by‑laws is guilty of an offence and is liable to a fine of not more than the maximum provided for from time to time in the Act.\n\n(2) In addition to the penalties provided under paragraph (1), the Court may order any person convicted of an offence under these by‑laws to pay compensation to the Community or other body corporate or person where, in the course of committing the offence, the person convicted has caused damage to property of the Community or of that other body corporate or person, but no compensation so ordered to be paid shall exceed the maximum provided for from time to time in the Act.\n\n[By‑law 14 amended: Gazette 14 May 2004 p. 1456.]\n\nNotes\n\n1 This reprint is a compilation as at 3 December 2004 of the *Ngaanyatjarra Council (Aboriginal Corporation) 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| *Ngaanyatjarra Council (Aboriginal Corporation) By‑laws* | 28 Jul 1989 p. 2317‑18 | 28 Jul 1989 (see bl. 1) |\n| *Sentencing Legislation (Short Sentences ‑ Aboriginal Community By‑Laws) Amendment Regulations 2004* r. 15 | 14 May 2004 p. 1451‑8 | 15 May 2004 (see r. 2 and *Gazette* 14 May 2004 p. 1445) |\n| **Reprint 1: The *Ngaanyatjarra Council (Aboriginal Corporation) By‑laws* as at 3 Dec 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\nAct 2\n\nCommittee 2\n\nCommunity 2\n\nCommunity Land 2\n\ndeleterious substance 2\n\nliquor 2\n\nMember of the Community 2\n\nRoad 2\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The by‑laws apply only to land declared as Community Land and to persons on that land (cl.2). The reprint notes amendments (compilation table) but the text shows no expansion of geographic or subject‑matter scope; amendments relate to penalties/procedure rather than extending coverage."},"complexity_factors":["Cross‑references to multiple external Acts (Aboriginal Communities Act 1979; Liquor Licensing Act 1988; Justices Act 1902; Child Welfare Act 1947) increase legal integration and interpretive complexity (cl.1, cl.2, cl.13).","Broad committee discretion to grant, condition and revoke permissions for entry and liquor creates administrative variability and legal uncertainty (cl.3(1)‑(2); cl.6(2)‑(4)).","Vague membership test tied to ‘customs’ makes who qualifies as a Member of the Community a question of fact rather than clear statutory criteria (cl.2 definition of Member of the Community).","Enforcement powers grant police search, seizure, use of force and removal powers on reasonable suspicion, raising procedural and evidence issues (cl.11(2)(a)‑(c), cl.12).","Penalties and compensation limits are linked to the Act’s maximums rather than fixed amounts here, so consequences vary with external amendments (cl.14(1)‑(2)).","Exceptions (sacramental/medical, road transit) place the onus on defendants to prove lawful purpose, shifting evidentiary burdens in prosecutions (cl.8(1)‑(3)).","Definitions narrow some concepts (e.g. ‘deleterious substance’ limited to glue or volatile hydrocarbons) but leave scope for factual disputes about substances and intent (cl.2; cl.9‑10).","Temporal and procedural constraints: proceedings must be commenced by complaint and summons within 6 months, engaging archaic procedural regimes (cl.13).","Geographic specificity (application only on declared Community Land, and a defined Road) focuses reach but requires accurate land declarations and mapping to determine coverage (cl.2; cl.2 definition of Road)."],"plain_english_summary":"These by‑laws give the Ngaanyatjarra Council authority to control access to land it holds and to regulate the bringing, possession and supply of liquor and certain inhalants on that land. The Governing Committee decides who may enter or have liquor, and police may seize prohibited items and bring prosecutions. Breaches can lead to fines (set by the Act), confiscation and compensation orders; narrow exceptions exist for religious, medical and road‑transit purposes."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as no legislative text was available for review. The submission contained only a web error message indicating the page is no longer available at its previous URL."},"complexity_factors":["No legislative text was provided — only a website error/redirect page was submitted","Cannot assess complexity without substantive legal content","Score of 1 reflects absence of content, not simplicity of the underlying law"],"plain_english_summary":"The submission contained an error page, not the Ngaanyatjarra Council (Aboriginal Corporation) By-laws, so no legal text was available to review. Because the by-laws weren’t provided, I couldn’t analyse their rules or effects.\n\nIf you want a proper summary or legal analysis, resubmit the actual by-laws (copy/paste or upload). These by-laws would typically govern how the Ngaanyatjarra Council operates and affect its members and community governance."},"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 entry onto community land and controlling alcohol and deleterious substances. The 2004 amendment (visible in the compilation table) only updated the penalty provisions to align with sentencing legislation changes, without expanding the substantive scope."},"complexity_factors":["Short document: only 14 by-laws across 5 parts","Minimal cross-referencing: only references to the Aboriginal Communities Act 1979, Liquor Licensing Act 1988, Justices Act 1902, and Child Welfare Act 1947","8 defined terms in a single interpretation section (section 2)","Simple conditional logic: basic offence/defence structure with straightforward exceptions (religious/medicinal purposes for alcohol, transit on roads)","No nested exceptions or complex provisos","Clear structure with descriptive part headings (General, Land, Liquor, Deleterious substance, Confiscation and proceedings)","Plain language drafting typical of by-laws made under the Aboriginal Communities Act 1979"],"plain_english_summary":"These by-laws are local rules made by the Ngaanyatjarra Council, an Aboriginal Corporation in Western Australia, to manage their traditional lands and protect community welfare.\n\n**What they do:**\n- **Control who enters the land**: Only community members can freely enter. Everyone else needs written permission from the Council's governing committee, which can be revoked at any time. Signs can be posted to prohibit entry to specific areas.\n- **Restrict alcohol**: Bringing, possessing, or drinking alcohol on community land is banned without written permission from the Committee. The Committee must consider community welfare as the top priority when deciding whether to allow alcohol. There are exceptions for religious ceremonies (like communion), prescribed medication, and people just passing through on designated roads.\n- **Ban harmful substances**: \"Deleterious substances\" (defined as glue or volatile liquids containing hydrocarbons, typically used for sniffing/inhalation) cannot be possessed for inhalation purposes, and selling or supplying them is banned if there's reason to suspect they'll be inhaled.\n- **Enforcement powers**: Police can confiscate alcohol and harmful substances, search vehicles and premises, stop vehicles, and remove people from the land if they're committing offences and likely to cause harm.\n\n**Who they affect:**\n- Members of the Ngaanyatjarra Council (Aboriginal Corporation)\n- Visitors, tourists, and non-members wanting to enter the land\n- Anyone bringing alcohol or harmful substances onto the land\n- Police officers enforcing the rules\n\n**Why they matter:**\nThese by-laws allow the Ngaanyatjarra people to exercise self-determination over their traditional lands—controlling access to protect cultural sites and community safety, and restricting alcohol and substance abuse to address serious public health and social issues affecting remote Aboriginal communities. They represent a form of Indigenous self-governance recognised under Western Australian law."}},"importantCases":[],"_links":{"self":"/api/acts/ngaanyatjarra-council-aboriginal-corporation-by-laws","history":"/api/acts/ngaanyatjarra-council-aboriginal-corporation-by-laws/history","analysis":"/api/acts/ngaanyatjarra-council-aboriginal-corporation-by-laws/analysis","conflicts":"/api/acts/ngaanyatjarra-council-aboriginal-corporation-by-laws/conflicts","importantCases":"/api/acts/ngaanyatjarra-council-aboriginal-corporation-by-laws/important-cases","documents":"/api/acts/ngaanyatjarra-council-aboriginal-corporation-by-laws/documents"}}