15By‑laws

15 By‑laws

(1) The Kerrup‑Jmara Elders Aboriginal Corporation may make by‑laws, not inconsistent with any law of the Commonwealth or the State of Victoria, for or with respect to: (a) economic enterprise on the Condah land; (b) cultural activities on the Condah land; (c) the management, access, conservation, fire protection, development and use of the Condah land; (d) the declaration of sacred or significant sites or other areas of significance to Aboriginal people on the Condah land; (e) the activities to be permitted on the Condah land or any part of it; (f) protection and conservation of flora or fauna found on the Condah land; (g) in relation to the Condah land, the cutting, removal and sale of timber, the granting of revocable licences and the payment of royalties for timber to the Corporation; (h) hunting, shooting and fishing on the Condah land; (j) control of visitors in, and charging fees (to be paid to the Corporation) for entrance to, the Condah land; (k) the regulation and control of motor traffic and parking on the Condah land; and (m) the appointment of persons to enforce the by‑laws, and the powers and duties of those persons. (2) The by‑laws may provide that a contravention of a by‑law is an offence. (3) The regulations may provide, in respect of an offence against the by‑laws, for the imposition of: (a) if the offender is a natural person—a fine not exceeding 5 penalty units; or (b) if the offender is a corporation—a fine not exceeding 25 penalty units. (4) The regulations may make provision for and in relation to enabling a person who is alleged to have committed an offence against the by‑laws to pay to the Commonwealth, as an alternative to prosecution, a penalty not exceeding: (a) in the case of a natural person—1 penalty unit; or (b) in the case of a corporation—5 penalty units. (5) If the Kerrup‑Jmara Elders Aboriginal Corporation makes a by‑law, the directors of the Corporation must, within 7 days after making it, give a copy of the by‑law to the Minister. (6) For the purposes of the Legislation Act 2003, a by‑law made by the Kerrup‑Jmara Elders Aboriginal Corporation and received by the Minister is a legislative instrument made by the Minister on the day the by‑law is received.

Note: A by‑law made by the Corporation and received 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.