12Entry to Reserves or Communities

12 Entry to Reserves or Communities

(1) Where: (a) there is not in force under the Aborigines Act or Torres Strait Islanders Act in respect of a person a permit authorizing the person to reside on, or visit, a Reserve to which this Act applies, being a person who is not otherwise entitled to reside on, or visit, the Reserve; and (b) the Council for the Reserve is satisfied that it would be for the benefit of the Aboriginal community or the Islander community, as the case may be, residing on the Reserve to permit the person to reside on, or visit, the Reserve; the Council may authorize the person to reside on, or visit, the Reserve. (2) A person in respect of whom there is in force an authority under subsection (1) to reside on, or visit, a Reserve shall not be prevented from entering and residing on, or visiting, as the case may be, and shall not be ejected from, the Reserve by reason that a permit authorizing the person to reside on, or visit, the Reserve is not in force in respect of the person under the Aborigines Act or the Torres Strait Islanders Act, and it shall not, for that reason, be unlawful for the person to be on the Reserve. (3) Where: (a) there is not in force under the Aborigines Act or Torres Strait Islanders Act in respect of a person a permit authorizing the person to reside on, or visit, a Reserve to which this Act applies, being a person who is not otherwise entitled to reside on, or visit, the Reserve; and (b) the Council for a Community to which this Act applies, being a Community which is established on the Reserve, is satisfied that it would be for the benefit of that Community to permit the person to reside on, or visit, that part of the Reserve appropriated for the use of that Community; the Council may authorize the person to reside on, or visit, that part of the Reserve. (4) A person in respect of whom there is in force an authority under subsection (3) to reside on, or visit, a part of a Reserve shall not be prevented from entering and residing on, or visiting, as the case may be, and shall not be ejected from, that part of the Reserve, by reason that a permit authorizing the person to reside on, or visit, the Reserve is not in force in respect of the person under the Aborigines Act or the Torres Strait Islanders Act, and it shall not, for that reason, be unlawful for the person to be on that part of the Reserve.