{"id":"yungngora-association-inc-nookunbah-bylaws","name":"Yungngora Association Inc (Nookunbah) By-laws","slug":"yungngora-association-inc-nookunbah-by-laws","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":184063,"registerId":"wa-yungngora-association-inc-nookunbah-bylaws-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Yungngora Association Inc (Nookunbah) By-laws","content":"![Crest]()Western Australia\n\nAboriginal Communities Act 1979\n\nYungngora Association Inc (Nookunbah) By-laws\n\nWestern Australia\n\nYungngora Association Inc (Nookunbah) 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\nPart 6 — Enforcement and proceedings\n\n16. Powers of police 8\n\n17. Procedure 9\n\nPart 7 — Penalties and orders of the Court\n\n18. Penalties 10\n\n19. Defence of acting under custom 10\n\n20. Council members 10\n\nNotes\n\nCompilation table 11\n\nDefined terms\n\n  \n\nWestern Australia\n\nAboriginal Communities Act 1979\n\nYungngora Association Inc (Nookunbah) By‑laws\n\n## Part 1 — Preliminary\n\n##### 1. Citation\n\nThese by‑laws may be cited as the *Yungngora Association Inc (Nookunbah) 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  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 Act means the *Aboriginal Communities Act 1979*;\n\n  the community means (as the context requires) Yungngora Association Inc (Nookunbah) and that collective group comprising the membership of Yungngora Association Inc (Nookunbah), their spouses and dependents (where not members in their own right) and member of the community has a correlative meaning;\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  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\n  the Council means the Council of Yungngora Association Inc (Nookunbah).\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 for the purpose of inhalation; or\n\n(ii) intends to sell or supply the deleterious substance 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 a prohibited 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## Part 6 — Enforcement and proceedings\n\n##### 16. 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, committed a breach of by‑law; or\n\n(ii) to have, while on community land, committed a breach of by‑law;\n\n(d) if he has reasonable cause to suspect that a prohibited substance is in any vehicle in contravention of these by‑laws: stop, detain and search such vehicle and seize any deleterious substance and any receptacle containing 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 prohibited 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##### 17. Procedure\n\nSubject to the *Child Welfare Act 1947*, proceedings for an offence against by‑law shall be commenced by the 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## Part 7 — Penalties and orders of the Court\n\n##### 18. 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 16(d).\n\n[By‑law 18 amended: Gazette 14 May 2004 p. 1458.]\n\n##### 19. 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 a custom of the community.\n\n##### 20. 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 is a compilation of the *Yungngora Association Inc (Nookunbah) 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| *Yungngora Association Inc (Nookunbah) By‑laws* | 26 Apr 1991 p. 1849‑52 | 26 Apr 1991 (see bl. 2) |\n| *Sentencing Legislation (Short Sentences — Aboriginal Community By‑Laws) Amendment Regulations 2004* r. 21 | 14 May 2004 p. 1451‑8 | 15 May 2004 (see r. 2 and *Gazette* 14 May 2004 p. 1445) |\n| **Reprint 1: The *Yungngora Association Inc (Nookunbah) By‑laws* as at 15 Apr 2005** (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\nby‑law 3\n\ncommunity land 3\n\ndeleterious substance 3\n\nliquor 3\n\nmember of the community 3\n\nthe Act 3\n\nthe community 3\n\nthe Council 3\n\ntraffic signs 11(a)\n\nvehicle 3\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"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The by-laws appear to maintain their original scope as a local regulatory instrument for the Nookunbah community. The single amendment noted (2004) relates to sentencing/penalty provisions and does not represent scope creep beyond the original purpose of community self-governance under the Aboriginal Communities Act 1979."},"complexity_factors":["Short document: only 20 by-laws across 7 Parts","Limited defined terms: 9 defined terms in section 3, plus 2 additional defined terms elsewhere","Straightforward structure: logical progression from entry permissions through conduct rules to enforcement","Minimal cross-referencing: occasional references to the parent Act and other statutes (Justices Act 1902, Child Welfare Act 1947, Liquor Licensing Act 1988) but no complex internal cross-references","Simple conditional logic: mostly direct prohibitions ('No person shall...') rather than nested exceptions","One notable complexity: by-law 16(e) contains a 14-day detention power for vehicles with some conditional elements ('reasonable grounds', 'prevent repetition')","Single amendment tracked in compilation table (2004 amendment to penalty provisions)"],"plain_english_summary":"**What this is:** These are local rules (called \"by-laws\") that apply specifically to Nookunbah, an Aboriginal community in Western Australia. They operate under the *Aboriginal Communities Act 1979* and give the local community council power to control who enters their land and what behaviour is allowed there.\n\n**Who it affects:**\n- **Community members** — the Yungngora Association members, their families and dependents\n- **Visitors** — anyone else who wants to enter the community lands\n- **Police** — who have special powers to enforce these rules\n\n**What it does:**\n\n- **Controls entry:** Non-Aboriginal people generally cannot enter without permission from the Council. The Council can revoke permission anytime without explanation and can order people to leave.\n- **Manages alcohol:** The Council decides who can bring, possess or drink alcohol on community land. Being drunk and causing problems is banned.\n- **Bans substance abuse:** \"Deleterious substances\" (glue, petrol, volatile chemicals for sniffing) cannot be possessed for inhalation or sold to someone likely to sniff them.\n- **Regulates traffic:** The Council can put up traffic signs, and dangerous or careless driving is prohibited.\n- **Maintains order:** Offensive behaviour, wilful damage to property, and disrupting meetings are all offences.\n- **Gives police enforcement powers:** Police can arrest and remove people causing trouble, search vehicles for banned substances, seize vehicles for up to 14 days, and request names and addresses.\n\n**Why it matters:** These by-laws allow the Nookunbah community to exercise self-determination over their own land — controlling access, protecting against alcohol and substance abuse problems, and maintaining community safety and cultural practices. Importantly, there is a specific defence allowing people to show they were acting according to community custom."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This version remains within the original, narrow purpose of establishing internal community governance rules for a declared Aboriginal community: controlling entry, managing alcohol and inhalant use, regulating traffic and behaviour, and providing enforcement and penalties. Later amendments reflected in the compilation (notably a 2004 amendment referenced in the notes) appear to adjust procedural or sentencing detail rather than expand the subject matter or extend powers beyond the community‑governance scope set out in the original by‑laws."},"complexity_factors":["Relatively short text (20 by‑laws across 7 Parts)","Approximately 9 key defined terms in by‑law 3","Cross‑references to multiple external Acts (Aboriginal Communities Act 1979, Liquor Licensing Act 1988, Child Welfare Act 1947, Justices Act 1902)","Wide discretionary powers vested in the Council (permissions, conditions, revocations) creating dependency on local practice (by‑laws 4, 8, 11)","Enforcement provisions with conditional powers (police may search, seize substances and detain vehicles up to 14 days — by‑law 16(d)–(e))","Defence based on community custom introduces factual complexity at trial (by‑law 19)","Multiple overlapping behavioural rules (entry, liquor, inhalants, traffic, offensive behaviour) rather than a single regulatory focus"],"plain_english_summary":"**What these by‑laws do (mechanics)**\n\n- These are local by‑laws that apply on land declared to be the Yungngora (Nookunbah) community land and to all people who are on that land (by‑law 3).\n- The Council of the Yungngora Association is given broad decision‑making power over who may enter and remain on community land: non‑Aboriginal people generally must obtain the Council’s prior permission (which can be oral or written, conditional, and revocable without giving reasons) and the Council can order non‑members off the land (by‑law 4). Government employees acting in their duties are excepted (by‑law 4(e)).\n- The Council may place signs to prohibit entry to parts of the community land and to regulate vehicle traffic; ignoring those signs is an offence (by‑laws 6 and 11).\n- The by‑laws regulate behaviour on community land: they cover staying in someone’s home when told to leave (7), offensive or disorderly conduct (13), wilful damage to property (14), and disruption of meetings (15).\n- Liquor is controlled by Council discretion: no person may bring, possess, use or supply liquor on community land without Council permission; being intoxicated in a way that alarms the community is prohibited (8). Legitimate pharmaceutical use under medical supervision is exempt (9).\n- Possession, sale or supply of volatile inhalants (defined as “deleterious substances”) or petrol for the purpose of inhalation is prohibited; selling or supplying such substances is an offence if there are reasonable grounds to suspect intended inhalation or resale for inhalation (3, 10).\n- Traffic rules require due care and prohibit dangerous driving; special conditions apply to driving community vehicles (11–12).\n- Police powers: police may bring prosecutions for breaches (16(a)), remove persons if leaving them at large appears likely to cause injury or damage (16(b)), ask for name and address where they reasonably suspect an offence (16(c)), stop, detain, search vehicles for prohibited substances and seize those substances and receptacles (16(d)), and where a prohibited substance is found may seize and detain the vehicle for up to 14 days (16(e)).\n- Legal procedure is by complaint and summons under the Justices Act and complaints must be brought within 6 months (17). Convicted persons face fines of up to $100 and the court may order compensation up to $250 for property damage; the court can also order disposal or forfeiture of seized property connected to prohibited substances (18).\n- A defendant can defend on the basis that they were “acting under and excused by a custom of the community” (19).\n- A Council member charged with an offence under the liquor by‑law (by‑law 8) is deemed to have ceased to be an effective councillor while charged; if the charge is withdrawn or dismissed they are restored (20).\n\n**Who is affected**\n\n- Members of the Yungngora community and visitors on Yungngora community land: the by‑laws apply to everyone on that land (by‑law 3).\n- The Council: it gains broad regulatory and enforcement powers over entry, behaviour, alcohol and inhalant control, and traffic on community land (multiple provisions).\n- Police: they are empowered to enforce the by‑laws using vehicle searches, seizures, removals and prosecutions (by‑law 16).\n- Non‑Aboriginal visitors and businesses: entry is controlled by Council permission; commercial activity involving liquor or volatile substances will be constrained by Council rules (4, 8, 10).\n\n**Why it matters (stated purposes and practical trade‑offs)**\n\n- Stated purpose: the instrument sets local rules to regulate access, public order, substance use, traffic and protection of property on declared community land. It delegates authority to the local Council to grant and revoke permissions and to place regulatory signs (by‑laws 4, 6, 11).\n- Who decides and the incentives created: the local Council has wide discretion (e.g. may grant, condition or revoke permission to enter without giving reasons — by‑law 4(b)–(c)). That concentrates decision power locally and makes compliance depend on Council practice. The by‑laws give incentives for visitors and service providers to seek prior permission and to comply with Council conditions.\n- Costs and compliance burdens: visitors, contractors or businesses wanting to operate on community land face transaction costs — they must obtain Council permission and comply with its conditions (4). Police and courts bear enforcement costs (16, 17). Penalties are low by modern standards (maximum fine $100; compensation up to $250) which may affect deterrence and the choice between civil remedies and criminal enforcement (18).\n- Bureaucratic discretion and implementation risk: many provisions vest broad discretion in the Council (e.g. permission for entry, liquor permission and conditions, placement of signs and traffic regulation). Those powers require internal Council processes to be consistent and transparent to avoid uncertainty for third parties. The by‑laws leave substantial room for the Council to set local practice and conditions (4, 8, 11).\n- Interaction with wider law and enforcement limits: the by‑laws expressly save any contrary State or Commonwealth law (4) and cross‑refer to other laws for definitions and procedure (e.g. Liquor Licensing Act for liquor, Child Welfare Act for proceedings involving children, Justices Act for process). Police search and seizure powers are framed by these by‑laws but remain subject to broader statutory limits and procedural safeguards in other legislation (16, 17).\n- Effects on private enterprise and services: suppliers of alcohol or volatile chemicals, contractors using vehicles, and prospective visitors may face constrained access and extra compliance steps. The by‑laws do allow the Council to permit commercial activity by condition, so businesses can operate if they secure Council permission (8(a)).\n- Rights and remedies: individuals can raise a defence that conduct was permitted by community custom (19). Courts may order modest fines and compensation, and may order disposal/forfeiture of seized property connected to inhalant offences (18).\n\n**Practical points to note**\n\n- The Council’s power to remove or bar people (4(d)) and the power given to police to detain and remove persons or vehicles (16(b), 16(d)–(e)) can have immediate practical effects on people on the land; those actions may have to be reconciled with other statutory rights or procedural requirements.\n- The time limit for commencing proceedings is six months (17), which is a relatively short window for prosecuting by‑law breaches.\n- The by‑laws treat government officers differently (they are deemed to have permission when attending in the course of duties — 4(e)), which limits interference with government service delivery.\n\n(References in brackets indicate the by‑law number.)"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not retrievable. No comparison between original intent and current form is possible."},"complexity_factors":["No legislative text was available for analysis — the source page returned a 'page not found' error","Cannot assess structural complexity, defined terms, cross-references, or regulatory burden without the actual document","Score of 1 reflects absence of content, not simplicity of the underlying instrument"],"plain_english_summary":"**No legislation could be retrieved for analysis.**\n\nThe page that was supposed to contain the **Yungngora Association Inc (Nookunbah) By-laws** — rules governing the Yungngora Association, an Aboriginal community organisation based at Nookunbah Station in Western Australia — is no longer available on the Western Australian legislation website. The link appears to have broken due to system or security upgrades.\n\n**What this means for you:** If you need to read, comply with, or enforce these by-laws, you will need to:\n- Use the navigation menu on the WA legislation website to search for the document again\n- Contact the Parliamentary Counsel's Office Helpdesk directly\n- Try searching the WA legislation register at legislation.wa.gov.au\n\nNo substantive legal analysis can be provided because the actual text of the by-laws was not retrievable."}},"importantCases":[],"_links":{"self":"/api/acts/yungngora-association-inc-nookunbah-by-laws","history":"/api/acts/yungngora-association-inc-nookunbah-by-laws/history","analysis":"/api/acts/yungngora-association-inc-nookunbah-by-laws/analysis","conflicts":"/api/acts/yungngora-association-inc-nookunbah-by-laws/conflicts","importantCases":"/api/acts/yungngora-association-inc-nookunbah-by-laws/important-cases","documents":"/api/acts/yungngora-association-inc-nookunbah-by-laws/documents"}}