Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984

Police officers: Section 9 confirms Queensland police officers have full functions, duties, and powers in indigenous local government areas. Police officers are also authorised to perform acts required or authorised by local laws of indigenous local governments.

Indigenous local governments: May appoint community police officers (section 12). Community governments and indigenous regional councils may open trust areas to non-residents by resolution under section 50(1)(b).

Community police officers: Appointed by indigenous local governments to maintain peace and good order. Exercise powers conferred by local laws and, when authorised, investigator powers under the Liquor Act 1992 and police officer powers under the Police Powers and Responsibilities Act 2000 (ss 60-62).

Community justice groups and members: Groups and their members take part in court hearings, bail processes, and sentencing under the Bail Act 1980, Youth Justice Act 1992, and Penalties and Sentences Act 1992. Members must be of good standing in the community and represent the main indigenous social groupings.

Residents and non-residents of trust areas: Non-residents may only enter trust areas in the circumstances set out in Part 6. Residents may enter as normal. Native title holders may continue to exercise native title rights and interests in trust areas.

Tenants of residential premises in community areas: May apply to the Magistrates Court clerk for a dry place declaration under Part 5.

Community Enterprise Queensland: Operates under Part 7A as a body corporate with a board of management, chief executive officer, and commercial functions.

Section 9 (police jurisdiction): Police officers must exercise their full functions, duties, and powers in indigenous local government areas, including performing acts authorised or required by local laws of indigenous local governments.

Section 12 (community police officers): Indigenous local governments must equip appointed community police officers with a uniform and marks of authority. Appointed persons must have prescribed qualifications.

Section 13 (community police officers under police direction): Community police officers must discharge their functions subject to the direction and control of police officers when present.

Section 49 (entry on trust areas): No person may enter or be in a trust area except as permitted by Part 6. Maximum penalty: 35 penalty units.

Section 29 (display of dry place notice): The tenant of a premises declared as a dry place must display a notice of the declaration at each entrance while the declaration is in force. Failure to display does not affect liability for alcohol possession offences at the premises.

Section 34 (prohibition of alcohol in dry places): Detailed prohibition on possession and consumption of alcohol at declared dry places. Penalties apply.

Sections 38-40 (homemade alcohol prohibitions): In prescribed community areas, possession or supply of homemade alcohol is prohibited. Possession of fermenters, home-brew concentrates, and home-brew kits is also prohibited in prescribed community areas.

Part 7A (Community Enterprise Queensland governance): The board is responsible for CEQ's performance. The chief executive officer, appointed by the board, manages the day-to-day operations.

Minister (section 8): May delegate powers under the Act to appropriately qualified officers of the department.

Minister (section 20): Appoints members of community justice groups by publishing notice on the Queensland Courts website. May revoke appointments of members who are no longer eligible or suitable.

Indigenous local governments (section 50(1)(b)): By resolution, may declare places within a trust area to which non-residents may have access. For land that is Aboriginal or Torres Strait Islander land, such a resolution requires the written consent of the grantee of the land.

Police officer in charge (section 13(2)): May authorise community police officers to exercise investigator powers under the Liquor Act 1992 and police officer powers under the Police Powers and Responsibilities Act 2000 (ss 60-62).

Magistrates Court clerk (section 28): Must make a dry place declaration if satisfied the applicant is the tenant. Must give notice to the applicant and Queensland Police Service. May refuse and must give written reasons.

Board of CEQ (Part 7A-Div 2): Responsible for CEQ's performance. Appoints the chief executive officer.

Section 49: Entering or being in a trust area otherwise than as permitted: maximum 35 penalty units.

Section 34 (alcohol in dry places): Penalties apply for possession or consumption of alcohol in a declared dry place (specific amounts not detailed in the accessed portions of the Act; reference to the Liquor Act 1992 sections 168B, 169, and 171).

Sections 38-40 (homemade alcohol): Penalties apply for possession or supply of homemade alcohol, fermenters, home-brew concentrates, and home-brew kits in prescribed community areas. The Liquor Act 1992 and related provisions also apply.

Community police officers may use reasonable force in the discharge of their function of maintaining peace and good order (section 13(5)).

Dry place declarations (section 28): Application by the tenant in writing to the Magistrates Court clerk for the community area, with documentary evidence of tenancy. Joint application required for multi-tenant premises. The clerk must consider the application as soon as practicable. The declaration takes effect once notice is first displayed under section 29. The declaration remains in force as long as the tenancy continues (with specific rules for different categories of tenant).

Revoking dry place declarations (sections 31-32): The Act provides for revocation processes (sections 31-32 not fully read in this analysis but referenced in the definition structure).

Community justice group membership (section 20): Members appointed by Minister by notice on the Queensland Courts website. A regulation may prescribe eligibility, nomination procedures, and terms.

CEQ operations: CEQ operates as an ongoing body corporate under a board of management with a chief executive officer. No specific application timelines are prescribed.

Local Government Act 2009 (Qld): Community governments and indigenous regional councils derive their existence and governance structure from this Act. The definitions in the ATSI Communities Act of "community government", "community government area", "indigenous regional council", and related terms refer to that Act.

Aboriginal Land Act 1991 (Qld) and Torres Strait Islander Land Act 1991 (Qld): Trust areas include land that has become Aboriginal or Torres Strait Islander land under these Acts. The definition of "trust area" in section 48 incorporates these references. Entry on such land is also governed by those Acts; Part 6 provides a pathway for persons permitted under those Acts to transit through adjacent parts of a trust area (section 50(5)-(6)).

Land Act 1994 (Qld): Deeds of grant in trust and reserves for Aboriginal or Torres Strait Islander purposes under the Land Act 1994 are the primary land tenure basis for trust areas under section 48.

Native Title Act 1993 (Cth): Native title holders retain rights to enter trust areas in the exercise of native title rights and interests under section 50(3). The definition of "native title holder" and "native title rights and interests" in section 48 refers to the Commonwealth Act.

Liquor Act 1992 (Qld): Central to Parts 4 and 5. The definition of "alcohol" cross-references the Liquor Act 1992. Community justice groups may make recommendations to the Minister under Liquor Act Part 6A. Community police officers may be authorised to exercise investigator powers under Liquor Act Part 7. The "liquor provisions" definition in section 4 includes specific Liquor Act sections (168B, 169, 171).

Bail Act 1980 (Qld), Youth Justice Act 1992 (Qld), Penalties and Sentences Act 1992 (Qld): Community justice groups participate in proceedings under each of these Acts (section 19(1)(a)).

Police Powers and Responsibilities Act 2000 (Qld): Community police officers may be authorised to exercise powers under sections 60-62 of this Act for liquor enforcement.

Residential Tenancies and Rooming Accommodation Act 2008 (Qld): The definition of "tenant" for Part 5 includes tenants within the meaning of that Act, as well as lessees under the Aboriginal Land Act 1991 or Torres Strait Islander Land Act 1991, and owner-occupiers.

The "accessible places" exception is narrow: Non-residents of a trust area may freely enter and use roads, parks, boat ramps, airports, and public buildings (section 50(7)). However, any other place in a trust area requires either a council resolution opening the place or entry as a guest of a resident. A person visiting to conduct business at a private residence or commercial premises without a resident as guest may be in breach of section 49. The maximum penalty of 35 penalty units applies.

Community police officer powers are confined to local laws (except when authorised for liquor enforcement): Community police officers exercise powers conferred by local laws of the indigenous local government. Their general powers are not the same as police officer powers. They may use reasonable force to maintain peace and good order, but must defer to police officers when present.

Dry place declarations do not expire automatically with tenancy for standard residential tenancies: For tenants within the meaning of the Residential Tenancies and Rooming Accommodation Act 2008, a dry place declaration remains in force indefinitely regardless of a change in tenant (section 28(7)(a)). This means successive tenants of the same premises are bound by a prior declaration. Prospective tenants should check whether a declaration is in force for premises in a community area.

The definition of "community area" is broader than "indigenous local government area": Part 3 (law and order) applies in indigenous local government areas; Part 5 (alcohol) applies in community areas. A "community area" includes prescribed areas beyond just indigenous local government areas. This distinction matters when determining which Part applies to a specific location.

Part 7A (CEQ) is an embedded corporate governance statute: Community Enterprise Queensland is not a company under the Corporations Act 2001 (Cth) but a statutory body. Its governance, including board composition, CEO appointment, and financial management, is governed by this Act rather than general company law. Legal advisers to CEQ must be familiar with Part 7A rather than assuming standard company law principles apply.

Non-resident visiting a community trust area: A service provider visiting a community government area to deliver goods to a resident's private home would need to enter as a guest of that resident (section 50(2)). If they have a separate appointment at a non-public commercial premises, they would need either a council resolution opening that premises to non-residents, or to enter with a resident's invitation. Driving on the road network within the trust area to access their destination is permitted as roads are accessible places.

Community police officer enforcing liquor laws: A community police officer in a community area who encounters suspected liquor law violations may exercise investigator powers under the Liquor Act 1992, Part 7, but only if the police officer in charge has granted that authorisation under section 13(2). Without that authorisation, the community police officer's powers are limited to those conferred by the local laws of the indigenous local government.

Tenant seeking a dry place declaration: A tenant in a community government area who wants to prohibit alcohol at their residential premises applies in writing to the Magistrates Court clerk for the area. The application must be accompanied by evidence of tenancy (such as a lease). If two or more tenants share the premises, the application must be jointly made by all of them. If the clerk is satisfied, a declaration is made and written notice is given to the applicant and Queensland Police Service. The tenant must then display a notice at each entrance before the declaration takes effect.

Community justice group in a court proceeding: A community justice group established for a community area may take part in a Magistrates Court sentencing hearing for a person from that area. The group can provide information to the court about the offender's community context and support network, consistent with its functions under the Bail Act 1980, Youth Justice Act 1992, and Penalties and Sentences Act 1992 as referenced in section 19(1)(a).