Part 4Disputes

Part 4—Disputes 35—Minister to appoint panel of conciliators (1) The Minister must establish a panel of conciliators for the purposes of resolving disputes on the lands. (2) A member of the panel will be appointed by the Minister after consultation with Anangu Pitjantjatjara Yankunytjatjara and will hold office for a term, and on conditions, determined by the Minister. (3) A member of the panel is, at the expiration of a term of office, eligible for reappointment. (4) A member of the panel is entitled to fees, allowances and expenses approved by the Governor. (5) A member of the panel may be removed by the Minister for any reason the Minister thinks fit. (6) In appointing members to the panel, the Minister— (a) should, as far as is reasonably practicable, endeavour to achieve a gender balance on the panel; and (b) must have regard to the fact that the conciliators must be able to consider the needs of communities living on the lands; and (c) should, as far as is reasonably practicable, endeavour to appoint conciliators who have qualifications and experience in law or mediation. (7) The panel is subject to the direction and control of the Minister (however the Minister must not give directions in relation to the way in which a particular dispute is to be resolved). 35A—Application for conciliation (1) An Anangu who is aggrieved by a decision or action of the Executive Board may apply to the Minister for conciliation in relation to that decision or action. (2) An application under this section must be made in a manner and form determined by the Minister. (3) On receiving an application under this section, the Minister— (a) must refer the application to a member of the panel of conciliators to determine whether or not the matter is frivolous or vexatious, or otherwise lacks merit; and (b) must, if that member determines that the matter is not frivolous or vexatious or lacking in merit, appoint a conciliator (not being the conciliator who made the determination) from the panel of conciliators to hear the matter. 36—Conciliation (1b) Before hearing a matter, a conciliator should, so far as is practicable, endeavour to resolve the dispute by mediation between the parties. (2) A conciliator— (a) shall hear the matter at some suitable place upon the lands; and (b) shall conduct the hearing as expeditiously as possible and without undue formality. (3) A conciliator is not bound by the rules of evidence in proceedings under this section, but may inform herself or himself in such manner as she or he thinks fit. (4) In proceedings under this section, a conciliator— (a) must seek to further the objects of the Act; and (b) must have regard to, and where appropriate give effect to, the customs and traditions of the Pitjantjatjara, Yankunytjatjara or Ngaanyatjarra people (as the case requires); and (c) must act fairly and consider the need of the Executive Board to balance the interests of all Anangu. (5) A conciliator may in proceedings under this section— (a) give such directions as she or he considers just or expedient to resolve any matters in dispute; or (b) refer the matter back to Anangu Pitjantjatjara Yankunytjatjara to be further dealt with in accordance with his directions. (6) A direction under this section that is inconsistent with this or any other Act or law, or the constitution, is, to the extent of the inconsistency, void and of no effect. 37—Order compelling compliance with direction of conciliator (1) If a person or body refuses or fails to comply with a direction of a conciliator, any party to the proceedings before a conciliator may apply to the District Court for an order to compel that person or body to comply with the direction. (2) On an application under this section, the District Court must, unless satisfied that the direction of a conciliator is unjust or unreasonable, make an order requiring the person or body against whom the direction was made to comply with the direction. (3) Proceedings under this section shall be heard at some suitable place upon the lands, and shall be conducted as expeditiously as possible and without undue formality. 39—Power of court to order compensation in certain cases Where a person is convicted of an offence against this Act or any other Act, and it appears to the court by which that person is convicted that Anangu Pitjantjatjara Yankunytjatjara has suffered damage to its property as a result of the commission of the offence, the court may order the convicted person to pay such compensation to Anangu Pitjantjatjara Yankunytjatjara as the court considers just. 40—Exemption of lands from land tax No land tax is payable upon the lands. 41—Financial provision The moneys required for the purposes of this Act shall be paid out of moneys provided by Parliament for those purposes. 42—Non-application of Outback Areas Community Development Trust Act (1) The Outback Areas Community Development Trust Act 1978 does not apply to the lands. (2) Notwithstanding subsection (1), the Outback Areas Community Development Trust may expend moneys for the benefit of residents of the Mintabie precious stones field. 42A—Interaction between this Act and certain other Acts and laws (1) For the purpose of determining whether a particular part of the lands is a public place within the meaning of some other Act or law, any restrictions upon access to the lands or that place arising under this Act shall be disregarded. (2) A reference in the Road Traffic Act 1961 or the Motor Vehicles Act 1959 to a road extends to any road on the lands. 42B—Depasturing of stock A provision of the Pastoral Land Management and Conservation Act 1989 relating to overstocking that applies to holders of pastoral leases under that Act applies in respect of the depasturing of stock upon the lands as if— (a) if a lease or licence has been granted by Anangu Pitjantjatjara Yankunytjatjara for the purpose of grazing livestock on part of the lands—the lessee or licensee; or (b) in any other case—Anangu Pitjantjatjara Yankunytjatjara, were the holder of a pastoral lease under that Act in respect of the lands or part of the lands. 42C—Protection from personal liability (1) No personal civil liability is incurred for an act or omission by— (a) a member of the Executive Board; or (b) the Director of Administration or the General Manager or other employee of Anangu Pitjantjatjara Yankunytjatjara; or (c) an Administrator under Part 2 Division 4B; or (d) any other person engaged in the administration of this Act, in good faith in the performance or purported performance of functions or duties under this Act. (2) A liability that would, but for subclause (1), lie against a person, lies instead against Anangu Pitjantjatjara Yankunytjatjara. (3) This section does not prejudice rights of action of the Executive Board itself in respect of an act or omission not in good faith. 42D—Offences relating to the supply of regulated substances (1) A person must not, on the lands— (a) sell or supply a regulated substance to another person; or (b) take part in the sale or supply of a regulated substance to another person; or (c) have a regulated substance in his or her possession for the purpose of the sale or supply of the regulated substance to another person, knowing, or having reason to suspect, the regulated substance will be inhaled or consumed by any person. Maximum penalty: $50 000 or imprisonment for 10 years. (2) A police officer may seize and retain any motor vehicle that the police officer suspects on reasonable grounds— (a) is being, or has been or is intended to be used for, or in connection with, an offence against this section; or (b) affords evidence of an offence against this section. (3) If a motor vehicle is seized under this section, the following provisions apply: (a) the motor vehicle is to be held by the Crown pending proceedings against a person for an offence against this section, unless the Minister, on application, authorises its release to the person from whom it was seized or any person who had legal title to it at the time of its seizure, subject to such conditions as the Minister thinks fit; (b) if the person is convicted of the offence, the motor vehicle is, by force of this section, forfeited to the Crown— (i) if an appeal has not been lodged within the period provided for lodging an appeal against the conviction—at the end of the period; or (ii) if an appeal has been lodged within the period provided for lodging an appeal against the conviction—when the appeal lapses or is finally determined; (c) where the motor vehicle is forfeited to the Crown under this section, it may be disposed of by way of sale, destruction or otherwise as the Minister directs; (d) the proceeds of any sale under paragraph (c) (less any costs associated with towing, storage or sale of the motor vehicle) must be paid to Anangu Pitjantjatjara Yankunytjatjara. (4) For the purposes of this section, a reference to a police officer includes a reference to a special constable authorised by a member of the police force to seize a motor vehicle under this section. 43—Regulations (1) The Governor may make regulations— (a) regulating, restricting or prohibiting the depasturing of stock upon any specified part of the lands; (b) regulating, restricting or prohibiting any activity on the lands that may have adverse environmental consequences; (e) prescribing other matters contemplated by this Act, or necessary or expedient for the purposes of this Act. (2) A regulation shall not be made under subsection (1)(b) except upon the recommendation of Anangu Pitjantjatjara Yankunytjatjara. (3) Anangu Pitjantjatjara Yankunytjatjara may make by-laws— (a) regulating, restricting or prohibiting the consumption, possession, sale or supply of alcoholic liquor on the lands; (b) prohibiting the inhalation or consumption of any regulated substance on the lands and prohibiting the possession of any regulated substance on the lands for the purpose of inhalation or consumption; (c) providing for the confiscation, in circumstances in which a contravention of a by-law under paragraph (a) or (b) is reasonably suspected, of alcoholic liquor or any regulated substance to which the suspected contravention relates; (d) providing for the treatment or rehabilitation (or both) of any person affected by the misuse of alcoholic liquor or any regulated substance; (e) prohibiting specified forms of gambling on the lands; (f) providing for any other matter that is prescribed by the regulations as a matter in relation to which by-laws may be made. (4) The operation of a by-law is restricted to the lands. (5) Where Anangu Pitjantjatjara Yankunytjatjara proposes to make, alter or repeal a by-law, it must give reasonable notice in writing of the proposal to the Minister. (6) A by-law made under this section— (a) must be submitted to the Governor for confirmation; and (b) is subject to disallowance by Parliament. (7) A police officer may seize and retain any motor vehicle that the police officer suspects on reasonable grounds— (a) is being, or has been or is intended to be used for, or in connection with the sale or supply of alcohol liquor in contravention of a by-law; or (b) affords evidence of such a contravention. (8) If a motor vehicle is seized under subsection (7), the following provisions apply: (a) the motor vehicle is to be held by the Crown pending proceedings against a person for the contravention in respect of which the motor vehicle was seized, unless the Minister, on application, authorises its release to the person from whom it was seized or any person who had legal title to it at the time of its seizure, subject to such conditions as the Minister thinks fit; (b) if the person is convicted of the contravention, the motor vehicle is, by force of this section, forfeited to the Crown— (i) if an appeal has not been lodged within the period provided for lodging an appeal against the conviction—at the end of the period; or (ii) if an appeal has been lodged within the period provided for lodging an appeal against the conviction—when the appeal lapses or is finally determined; (c) where the motor vehicle is forfeited to the Crown under this section, it may be disposed of by way of sale, destruction or otherwise as the Minister directs; (d) the proceeds of any sale under paragraph (c) (less any costs associated with towing, storage or sale of the motor vehicle) must be paid to Anangu Pitjantjatjara Yankunytjatjara. (10) A court by which a person is found to have been unlawfully in possession of alcoholic liquor or a regulated substance for his or her own use in contravention of the by-laws may, subject to the by-laws, order that person to undergo treatment or participate in a rehabilitation programme prescribed by the by-laws. (11) Subject to subsection (12), a person who contravenes or fails to comply with a regulation or by-law is liable to a penalty as follows: (a) if the regulation or by-law specifies a penalty (which must not exceed $2 000)—the penalty so specified; or (b) if no penalty is specified—a fine of $2 000. (12) A person who contravenes a by-law regulating, restricting or prohibiting the sale or supply of alcohol liquor is guilty of an offence. Maximum penalty: $2 000 or imprisonment for 2 years. (13) For the purposes of this section, a reference to a police officer includes a reference to a special constable authorised by a member of the police force to seize a motor vehicle under this section.