{"id":"wongatha-wonganarra-aboriginal-community-bylaws-2003","name":"Wongatha Wonganarra Aboriginal Community By-laws 2003","slug":"wongatha-wonganarra-aboriginal-community-by-laws-2003","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":183964,"registerId":"wa-wongatha-wonganarra-aboriginal-community-bylaws-2003-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Wongatha Wonganarra Aboriginal Community By-laws 2003","content":"![Crest]()Western Australia\n\nAboriginal Communities Act 1979\n\nWongatha Wonganarra Aboriginal Community By-laws 2003\n\nWestern Australia\n\nWongatha Wonganarra Aboriginal Community By-laws 2003\n\nContents\n\n1. Introduction 1\n\n2. How the Governing Committee makes decisions 1\n\n3. Giving and refusing permission 2\n\n4. Who can be on the community lands 2\n\n5. Places that are out of bounds 3\n\n6. Driving and traffic control 3\n\n7. Damage 3\n\n8. Rubbish 4\n\n9. Bad behaviour 4\n\n10. Other people’s houses 4\n\n11. Alcohol and drugs 5\n\n12. Police powers 5\n\n13. Offences against these by-laws 6\n\nNotes\n\nCompilation table 7\n\n  \n\nAboriginal Communities Act 1979\n\nWongatha Wonganarra Aboriginal Community By-laws 2003\n\n##### 1. Introduction\n\n(1) These are the *Wongatha Wonganarra Aboriginal Community By-laws 2003*.\n\n(2) These by-laws have been made by the Governing Committee of the Wongatha Wonganarra Aboriginal Corporation and approved by the Governor of Western Australia.\n\n(3) As the *Aboriginal Communities Act 1979* says, these by-laws apply to you if you are on the Wongatha Wonganarra Aboriginal community lands and it does not matter if you are a member of the community or not.\n\n(4) You are a member of the Wongatha Wonganarra Aboriginal community if the Committee says you are in accordance with the Corporation’s rules.\n\n(5) Under the *Aboriginal Communities Act 1979* the Governor has said which lands are the Wongatha Wonganarra Aboriginal community lands.\n\n##### 2. How the Governing Committee makes decisions\n\n(1) When it is making a decision under these by-laws the Governing Committee will consider the welfare of the Community as the most important consideration.\n\n(2) The Committee does not have to give reasons for any of its decisions under these by-laws.\n\n(3) The Committee can tell you about a decision it has made under these by-laws by speaking or writing to you or by putting up a notice of it in a public place on the community lands.\n\n##### 3. Giving and refusing permission\n\n(1) The Governing Committee can permit a member of the Committee or any other person to make decisions on its behalf about giving, refusing or taking away permission under these by‑laws and if it does it must do so in writing.\n\n(2) If you want the Committee’s permission under these by-laws to do something you must ask the Committee or a person who the Committee has permitted to make decisions on its behalf about giving or refusing permission.\n\n(3) If these by-laws allow the Committee to give permission to do something, it can give permission to any person or to any class of persons and also can at any time —\n\n● require the person or class to comply with conditions when doing the thing; or\n\n● change or take away any such conditions; or\n\n● take away the permission.\n\n(4) If these by-laws allow the Committee to give permission to do something, it can refuse to give permission.\n\n##### 4. Who can be on the community lands\n\n(1) If you are a member of the community you can be on the community lands at any time except when —\n\n● you are ordered to leave by the Governing Committee under by‑law 9(1); or\n\n● you are removed by a member of the Police under by‑law 12.\n\n(2) If you are not a member, you can only be on the community lands if you have got permission from a member, or from the Governing Committee, or if another law says you can.\n\n(3) If you have got permission from a member of the community to be on the community lands you must not stay for longer than 7 days in a row.\n\n##### 5. Places that are out of bounds\n\n(1) The Governing Committee can decide that some places on the community lands are out of bounds to all people, or to some people, at all times or at some times.\n\n(2) The Committee can decide that some places on the community lands are out of bounds to all vehicles, or to some vehicles, at all times or at some times.\n\n(3) The Committee can decide that all people, or some people, must get the Committee’s permission to enter those places.\n\n(4) The Committee must mark those places with signs saying who can and cannot enter them and put up a map showing those places in a public place on the community lands.\n\n(5) You must obey those signs and not enter those places unless you are allowed to or have the Committee’s permission.\n\n##### 6. Driving and traffic control\n\n(1) When you are driving you must drive carefully and not cause danger to your passengers or other people.\n\n(2) When you are driving you must not be drunk or under the influence of any drug or harmful substance.\n\n(3) The Governing Committee can put up signs telling drivers where they can drive, how fast they can drive and how they must drive.\n\n(4) When you are driving you must obey those signs.\n\n##### 7. Damage\n\n(1) You must not damage anything that belongs to the Corporation or anything that does not belong to you.\n\n(2) You must not damage any building or vehicle, even if it is yours.\n\n(3) You must not damage any plant that has been planted by another person or the Corporation.\n\n##### 8. Rubbish\n\n(1) You must not leave rubbish on the community lands except in a rubbish bin or a rubbish tip set up by the Governing Committee.\n\n(2) You must not abandon a vehicle on the community lands except in a rubbish tip set up by the Committee.\n\n##### 9. Bad behaviour\n\n(1) If you are drunk the Governing Committee can ask you to leave the community lands and, if it does, you must leave.\n\n(2) You must not annoy or frighten other people by using bad or abusive language, by fighting, by carrying a weapon, by being rowdy, or by driving irresponsibly.\n\n(3) You must not make it difficult for the Committee or any of its members or employees to do their jobs.\n\n(4) You must not disrupt a meeting of the Committee or of members of the community or a customary meeting.\n\n(5) If you do disrupt such a meeting, the meeting can ask you to leave and, if it does, you must leave.\n\n##### 10. Other people’s houses\n\n(1) You must not enter another person’s house without their permission.\n\n(2) You must leave another person’s house if they ask you to leave.\n\n##### 11. Alcohol and drugs\n\n(1) Unless you have the Governing Committee’s permission to do so you must not —\n\n● bring any alcohol or harmful substance, on to the community lands; or\n\n● give any alcohol or harmful substance, to another person; or\n\n● have or keep any alcohol or harmful substance; or\n\n● drink any alcohol.\n\n(2) You must not —\n\n● bring any illegal drug on to the community lands; or\n\n● give any illegal drug to another person; or\n\n● have or keep any illegal drug; or\n\n● use or take any illegal drug; or\n\n● deliberately swallow or inhale any illegal drug or harmful substance.\n\n(3) An illegal drug is any drug that it is illegal to possess under the laws of Western Australia.\n\n(4) A harmful substance is any substance that may harm a person’s health if they swallow or inhale it, such as glue and petrol.\n\n(5) This by-law does not stop you taking any medicine in the way it is meant to be taken or any drug that has been prescribed for you by a doctor or nurse.\n\n##### 12. Police powers\n\n(1) If a member of the Police Force believes a person is breaching, or has breached, one of these by-laws, he or she can ask the person for the person’s name and address.\n\n(2) If a member of the Police Force asks you for your name and address under sub‑bylaw (1), you must tell him or her.\n\n(3) If a member of the Police Force believes a person is breaching, or has breached, one of these by-laws, he or she can arrest the person and remove him or her from the community lands.\n\n(4) A person who is arrested under sub‑bylaw (3) must be released after being dealt with by a court for the breach and in any event not be kept in custody for longer than 24 hours.\n\n##### 13. Offences against these by-laws\n\n(1) You commit an offence against these by-laws —\n\n● if you do not obey one of these by-laws; or\n\n● if you do not comply with a condition that was imposed by the Governing Committee when it gave you permission under these by-laws to do something.\n\n(2) A member of the Police Force can charge a person with committing an offence against these by-laws.\n\n(3) You will be not guilty of an offence against these by-laws if you show the court that at the time of the offence you were a member of the community and that what you did was a custom of the community.\n\n(4) A court that finds a person guilty of an offence against these by-laws can fine the person not more than $5 000.\n\n(5) If a court finds a person guilty of an offence against these by-laws and finds that when the person committed the offence the person damaged property of another person or the Corporation, the court may order the person to pay compensation of not more than $250 to the other person or the Corporation.\n\nNotes\n\n1 This is a compilation of the *Wongatha Wonganarra Aboriginal Community By‑laws 2003*. The following table contains information about that by-law.\n\nCompilation table\n\n| **Citation** | **Gazettal** | **Commencement** |\n| --- | --- | --- |\n| *Wongatha Wonganarra Aboriginal Community By-laws 2003* | 8 Jul 2003 p. 2725‑9 | 8 Jul 2003 |\n","sortOrder":0}],"analysis":{"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"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The by-laws remain tightly focused on their original purpose: providing a basic regulatory framework for conduct, access, and order on the Wongatha Wonganarra Aboriginal community lands. The scope covers standard community governance matters (alcohol control, traffic, behaviour, property protection) without expansion into unrelated areas. The document appears complete and operational as enacted in 2003."},"complexity_factors":["Short document: 13 by-laws spanning only 7 pages","Minimal defined terms: only 2 explicit definitions ('illegal drug' and 'harmful substance' in by-law 11)","Plain English drafting: uses 'you' and 'must not' rather than complex legal syntax","Simple structure: sequential numbered by-laws with minimal cross-referencing (only references to other by-laws are explicit and limited: by-law 4(1) references by-laws 9 and 12; by-law 13(3) references 'custom of the community')","No nested exceptions: conditions are straightforward (e.g., 'unless you have permission')","Single conditional defence in by-law 13(3) — the only complex legal concept","No delegated legislation or regulation-making powers within the by-laws themselves"],"plain_english_summary":"These by-laws are the **local rules** for the **Wongatha Wonganarra Aboriginal Community** in Western Australia. They were made by the community's own Governing Committee and approved by the State Governor.\n\n**Who they apply to:**\n- **Everyone** on the community lands — whether you're a community member, a visitor, or just passing through.\n- A \"member\" is someone officially recognised by the Committee according to the Corporation's rules.\n\n**What they do:**\n- **Set the ground rules** for living on and visiting the community lands.\n- **Control access** — members can generally be there; non-members need permission and can't stay more than 7 days.\n- **Ban bad behaviour** — no drunkenness, fighting, weapons, abusive language, or disrupting meetings.\n- **Restrict alcohol and drugs** — bringing, keeping, or drinking alcohol requires Committee permission. Illegal drugs are completely banned.\n- **Protect property** — no damaging buildings, vehicles, or plants.\n- **Manage rubbish** — must use proper bins or tips.\n- **Control driving** — must drive safely, soberly, and obey traffic signs.\n- **Let the Committee declare \"out of bounds\" areas** — places people or vehicles can't go.\n\n**How decisions work:**\n- The Governing Committee puts **community welfare first** when making decisions.\n- They **don't have to give reasons** for decisions.\n- They can delegate permission-giving powers to others.\n\n**Police powers:**\n- Police can **ask for your name and address** if they think you've broken a by-law.\n- They can **arrest and remove** you from the lands.\n- Anyone arrested must be released within **24 hours** or after court dealing.\n\n**Penalties:**\n- Breaking these by-laws is an **offence**.\n- Maximum fine: **$5,000**.\n- Possible compensation order: up to **$250** for property damage.\n- **Defence:** You're not guilty if you prove you were following community custom at the time.\n\n**Why it matters:**\nThese by-laws give the Wongatha Wonganarra community **self-governance tools** to maintain safety, order, and cultural practices on their lands, while balancing individual rights with collective welfare."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"These by‑laws are a typical exercise of the local regulatory powers contemplated by the Aboriginal Communities Act 1979: they set access, behaviour and enforcement rules for specified community lands. They do not materially expand beyond that statutory purpose. The provisions (access control, signage, alcohol/drug restrictions, delegated decision‑making, police enforcement, fines) are within the ordinary scope of community by‑laws and do not appear to introduce new functions or powers beyond regulating order on the declared lands."},"complexity_factors":["Short, self‑contained instrument (13 by‑laws)","Few defined terms: ‘member’ partially defined (1(4)); 'illegal drug' and 'harmful substance' narrowly defined (11(3)–(4))","Several discretionary powers vested in the Committee (2(1), 3(3), 5) increasing interpretive scope","Delegation requirement in writing adds a procedural step (3(1))","Cross‑references to external law: Aboriginal Communities Act 1979 and WA criminal law (1(2), 11(3))","Conditional rules and exceptions (permission with conditions, revocation, custom defence at 13(3))","Enforcement interaction with WA Police and courts (12, 13)"],"plain_english_summary":"**What these by‑laws do (mechanics):**\n\n- Give the Governing Committee of the Wongatha Wonganarra Aboriginal Corporation power to make and enforce rules for the community lands (by‑laws 1–3). The Committee decides who is a community member (1(4)).\n- Let the Committee permit, refuse, change or withdraw permission for people or classes of people to do things on the lands and allow the Committee to delegate that permission‑making power in writing (3(1), 3(3)). The Committee does not have to give reasons for its decisions (2(2)).\n- Regulate access: community members may be on the land except when ordered to leave; non‑members need permission from a member or the Committee (4(1)–(3)). If a non‑member is on the land with permission from a community member, they must not stay more than seven consecutive days (4(3)).\n- Allow the Committee to declare places or vehicle access on the lands “out of bounds” for everyone or particular people/vehicles at all times or certain times, and require signs and a public map of those areas (5(1)–(5)).\n- Set basic traffic rules (drive carefully, not drunk or under influence), allow the Committee to post driving signs, and require drivers to obey them (6(1)–(4)).\n- Prohibit damage to Corporation property, other people’s property, buildings, vehicles and planted vegetation (7(1)–(3)).\n- Control rubbish and abandoned vehicles (8(1)–(2)). The Committee can set rubbish bins/tips.\n- Prohibit a range of disruptive conduct (drunkenness, abusive language, fighting, carrying weapons, being rowdy, obstruction of Committee duties, disruptive meetings) and allow the Committee or a meeting to require offenders to leave (9(1)–(5)).\n- Require permission to enter other people’s houses and require persons to leave if asked by the house‑owner (10(1)–(2)).\n- Ban alcohol and harmful/illegal drugs unless the Committee permits otherwise or a prescription/legitimate medicine applies; define illegal drugs by WA law and harmful substances by example (11(1)–(5)).\n- Enable police to ask for name and address where they believe a by‑law has been or is being breached, to arrest and remove persons breaching by‑laws, and set a maximum custody time (12(1)–(4)).\n- Make breaches offences: non‑compliance with any by‑law or with conditions of permission is an offence; police can charge; members may rely on a community custom defence; maximum fine is $5,000 and courts may order up to $250 compensation for property damage (13(1)–(5)).\n\n**Who it affects:**\n\n- Everyone physically on the Wongatha Wonganarra community lands: community members, their guests, and visitors (1(3), 4(1)–(3)).\n- The Governing Committee and any persons it authorises to act on its behalf (2(1), 3(1)).\n- Western Australia Police for enforcement functions under the by‑laws (12).\n\n**Why it matters (stated purpose and practical effects):**\n\n- The instrument is designed to let the Governing Committee regulate safety, order, access and local amenity on declared community lands (2(1), 5, 6, 9, 11). The by‑laws accomplish this by restricting who may be on the lands, limiting or prohibiting activities (driving, alcohol/drugs, damaging property), and by creating enforceable offences and penalties (13). \n\n**Practical costs, incentives and trade‑offs:**\n\n- Who pays: individuals who breach rules risk fines (up to $5,000) and possible short custody; people visiting or doing business may bear compliance costs (permission processes, observance of out‑of‑bounds signs, time limits such as the 7‑day rule (4(3))). The Committee bears administration costs (signs, maps, setting rubbish tips) and the burden of managing permissions and enforcement. Police resources are used to investigate, arrest and process breaches.\n- Decision power and transparency: the Committee has wide discretion (including delegation) and is not required to give reasons for decisions (2(2), 3(1)). That concentrates decision‑making locally but reduces procedural transparency and creates implementation risk if decisions are inconsistent or perceived as arbitrary.\n- Enforcement and legal interface: enforcement depends on WA Police (12). Offences are dealt with by courts; members have a defence if conduct was a community custom (13(3)). The by‑laws reference WA law for defining illegal drugs (11(3)), so general criminal law interoperates with these local rules.\n- Effects on private enterprise and services: access controls, vehicle restrictions and a strict alcohol/drug regime can raise compliance costs for service providers, contractors or visitors and may limit some commercial activity unless permissions are obtained (4, 5, 6, 11). The by‑laws do not expressly authorise charging fees for permissions, but they allow conditions to be imposed when permission is given (3(3)), which could include administrative requirements.\n- Risk of concentrated benefits and diffuse costs: the Committee gains authority to shape local order and may create concentrated benefits for residents who favour rules; costs (lost access, reduced business opportunities, enforcement costs) are borne by non‑members and the broader public who interact with the community lands. The by‑laws include modest maximum compensation for damage (up to $250) which may undercompensate owners of higher‑value property (13(5)).\n\n**Implementation issues and compliance burden:**\n\n- The Committee must mark and map restricted areas (5(4)), which requires upkeep. Delegation must be in writing (3(1)), so record‑keeping is needed. Police cooperation is essential for arrests and formal enforcement; in practice remoteness or resource constraints could limit enforcement effectiveness. The “no reasons” rule (2(2)) reduces administrative time but increases legal uncertainty for affected persons.\n\n**Legal limits and safeguards:**\n\n- Courts retain final authority to adjudicate breaches and apply fines or limited compensation (13(4)–(5)). Community members can avoid liability by proving the conduct was a community custom (13(3)). Police custody is limited to 24 hours in practice (12(4)).\n\nSource references: specific by‑law numbers cited above correspond to the text of the Wongatha Wonganarra Aboriginal Community By‑laws 2003."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text is unavailable. No comparison between original intent and final form is possible."},"complexity_factors":["No legislative text is available to analyse — the source page has been removed","Cannot assess structural complexity, defined terms, cross-references, or operative provisions","Score of 1 reflects absence of content, not simplicity of the underlying law"],"plain_english_summary":"## Wongatha Wonganarra Aboriginal Community By-laws 2003\n\nUnfortunately, **the actual text of this legislation is not available** — the page hosting it has been taken down due to system upgrades on the Western Australian legislation website.\n\nWhat we can tell you:\n- This is a **Western Australian by-law** (a localised rule with legal force, similar to a local ordinance) made in **2003**\n- It relates to the **Wongatha Wonganarra Aboriginal Community**, a community in Western Australia\n- By-laws of this type typically govern **day-to-day community management** — things like behaviour on community land, noise, vehicles, visitors, and local governance\n- These rules would **directly affect residents of and visitors to** the Wongatha Wonganarra community\n\n**What to do if you need this legislation:** Visit the [Western Australian legislation website](https://www.legislation.wa.gov.au) directly and search for \"Wongatha Wonganarra\" using their search function, or contact the Parliamentary Counsel's Office Helpdesk as suggested on the page."}},"importantCases":[],"_links":{"self":"/api/acts/wongatha-wonganarra-aboriginal-community-by-laws-2003","history":"/api/acts/wongatha-wonganarra-aboriginal-community-by-laws-2003/history","analysis":"/api/acts/wongatha-wonganarra-aboriginal-community-by-laws-2003/analysis","conflicts":"/api/acts/wongatha-wonganarra-aboriginal-community-by-laws-2003/conflicts","importantCases":"/api/acts/wongatha-wonganarra-aboriginal-community-by-laws-2003/important-cases","documents":"/api/acts/wongatha-wonganarra-aboriginal-community-by-laws-2003/documents"}}