10Power of Councils for Reserves and Communities to which this Act applies to make by‑laws

10 Power of Councils for Reserves and Communities to which this Act applies to make by‑laws

(1) The Council for a Reserve to which this Act applies, or for a Community to which this Act applies, may make by‑laws for purposes connected with its functions, including by‑laws amending or varying by‑laws as in force from time to time under this section. (2) By‑laws made under subsection (1) may fix charges for services provided or made available by the Council for Aboriginals or Islanders, and may make provision with respect to the payment of such charges. (3) The amount of a charge referred to in subsection (2) may, if unpaid, be recovered by the Council by action in a court of competent jurisdiction from an Aboriginal or an Islander to whom the service to which the charge relates has been provided or made available. (4) A by‑law has no effect unless it has been approved by the Minister. (5) For the purposes of the Legislation Act 2003, a by‑law made by the Council and approved by the Minister is a legislative instrument made by the Minister on the day the by‑law is approved.

Note: A by‑law made by the Council and approved by the Minister is stated to be a legislative instrument made by the Minister so that the Minister may perform the functions of a rule‑maker in relation to the instrument under the Legislation Act 2003. For example, under that Act a rule‑maker for a legislative instrument is required to lodge the instrument (and any amendments and compilations of the instrument) for registration under that Act.

(8) The Council for a Reserve to which this Act applies, or for a Community to which this Act applies, shall use its best endeavours to ensure that the by‑laws of the Council are made known to Aboriginals or Islanders who reside on the Reserve or are members of the Community. (9) A by‑law does not apply in relation to a person who is not an Aboriginal or an Islander. (10) The by‑laws may provide that any contravention of a by‑law is an offence punishable, upon conviction, by a fine not exceeding 1 penalty unit. (11) In proceedings for an offence referred to in subsection (10), it is a defence if the person was not aware of the by‑law to which the offence relates.

Note: A defendant bears an evidential burden in relation to the matter in subsection (11) (see subsection 13.3(3) of the Criminal Code).