Bardi Aborigines Association Inc., By-laws

The instrument centres on five organising concepts: community land, membership, council discretion, signage and permissions, and offences with serveral enforcement and procedural features.

Community land

• Defined by direct reference to a Governor’s declaration under the Aboriginal Communities Act 1979 (Clause 2). The by‑laws apply “on all community land” and to “all persons on community land” (Clause 3). The instrument therefore governs conduct only once the Governor has declared specific land to be community land under the enabling Act; the by‑laws themselves do not describe the land physically.

Member of the Community

• A “Member of the Community” is “a member for the time being of the Bardi Aborigines Association Inc.” and whether a person is a member is “a question of fact to be determined according to the customs of the Bardi Community” (Clause 2). That definition embeds customary determination into the legal test for membership and thus into who may enter without prior permission.

Council discretion and permissions

• The Council, defined as the council of management of the community, is the primary decisionmaker for entry and alcohol on community land. It may grant permission to non‑members to come on land in its discretion, subject to terms and conditions and with power to revoke (Clause 4(1)-(2); Clause 13(2)-(4)). For alcohol, the Council is directed to regard “the welfare of the Community as the paramount consideration” when exercising discretion (Clause 13(3)). Permissions may be verbal or written (Clauses 4(2); 13(4)), which gives operational flexibility but creates evidentiary issues.

Signs and legal effect

• The Council may erect signs prohibiting entry to parts of community land (Clause 6(1)) and “Traffic Signs” for regulating vehicle movement (Clause 8(1)). Each type of sign “operates and has effect according to its tenor” and failing to obey inscriptions is an offence (Clauses 6(2); 8(2)). The wording gives legal consequence to signs placed by the Council.

Offences, enforcement and remedies

• The by‑laws create a list of conduct offences (Clauses 5, 7, 9-14). The penalty regime is summary: fines up to $100 and possible compensation up to $250 in addition (Clause 16). Police are empowered to bring proceedings and to remove persons for up to 24 hours where a person has committed or is committing an offence and poses a risk of injury or damage (Clause 15(1)). Proceedings are to be commenced by complaint and summons under the Justices Act 1902 within six months of the offence, subject to the Child Welfare Act 1947 (Clause 15(2)). The defence of acting under custom (Clause 17) makes customary practice an available legal excuse.

Procedural touches that shape enforcement

• The express reference to “except as provided in any Act or Regulation to the contrary” (Clause 4(1)) signals that other statutory regimes can displace the Council’s permission requirement. The six‑month time limit for commencing proceedings and the requirement to use complaint and summons under the Justices Act affect practical enforcement. Police, not Council officials, are given statutory power to apprehend and take proceedings (Clause 15(1)(a)-(b)), which shapes how breaches are handled day to day.

Together, these concepts position the Council as the regulator of entry and alcohol, set community‑land‑specific public order and property offences, and delegate enforcement to police and ordinary courts under summary procedure.

The by‑laws affect multiple discrete groups, with different legal positions and operational responsibilities.

Community members

• Members of the Bardi Aborigines Association Inc. are explicitly treated differently to non‑members for entry and presence on community land. The by‑laws state that “no person other than a member of the community shall come onto community land or remain on community land without the prior permission of the Council” unless other Acts say otherwise (Clause 4(1)). Membership is itself a factual determination made according to the community’s customs (Clause 2). Members therefore hold a privileged status as the default group who may be on the land without seeking Council permission, subject to other by‑laws and offences.

Non‑members and visitors

• All persons on community land fall within the by‑laws’ application (Clause 3). Non‑members must obtain the Council’s prior permission to enter or remain (Clause 4). The Council may attach terms and conditions, and permissions may be revoked (Clause 4(1)-(2)). Visitors who bring alcohol must have specific permission (Clause 13(1)-(2)), and any breach of permission is an offence (Clauses 5; 14).

The Council (council of management)

• The Council is the decisionmaker: it grants and revokes permissions for entry and alcohol (Clauses 4; 13), places signs and traffic signs (Clauses 6; 8), and is identified as the body whose property losses may attract compensation orders in court (Clause 16(2)). The Council determines local regulation day to day, exercising broad discretion constrained to some extent by the “paramount consideration” of community welfare for alcohol decisions (Clause 13(3)). The by‑laws do not prescribe an internal decision procedure, notice requirements, or recordkeeping obligations for the Council, but the Council is the entity that decides permissive terms and sets signage.

Occupiers of homes on community land

• An occupier may direct a person in their home to leave; refusal to do so is an offence (Clause 7). This gives private occupiers a form of immediate, local control over who remains in their dwelling, with the refusal to leave labelled a by‑laws offence.

Police and courts

• Police have statutory roles: to take proceedings for breaches and, in certain circumstances, to apprehend and remove persons from the land for up to 24 hours or until a court is convened (Clause 15(1)(a)-(b)). Prosecutions are summary and must be initiated by complaint and summons under the Justices Act 1902 within six months of the offence (Clause 15(2)). The courts are empowered to impose fines (up to $100) and order compensation up to $250 where property damage occurred in the course of the offence (Clause 16).

Persons involved in customary activity

• The by‑laws recognise customary conduct as a complete defence: it is a defence to show that the defendant “was acting under and excused by any custom of the Community” (Clause 17). This affects people engaged in customary practices by making custom legally relevant to liability under these by‑laws.

Owners and users of vehicles

• Vehicle operators on community land must obey traffic signs (Clause 8(1)-(2)) and must not drive in a careless or dangerous manner (Clause 8(3)). The Council’s signage and traffic rules therefore affect driving behaviour and vehicle access.

Owners of property and persons at risk of damage

• The community and other persons whose property is damaged in the course of offending can seek compensation via court order up to the statutory limit (Clause 16(2)). The by‑laws therefore create a route for property owners to recover limited losses arising from violations on community land.

In short, the instrument affects community governance actors (the Council), residents and occupiers, visitors and non‑members, vehicle users, police and courts, and persons whose property is damaged. Different groups carry distinct duties, immunities and enforcement exposures under the Clauses cited.

The by‑laws allocate rights and duties primarily to the Council, community members, occupiers, visitors, police and courts. Below are the principal legal obligations, permissions and defences that flow from the text.

Council’s powers and duties

• Grant, condition and revoke permission for non‑members to enter or remain on community land (Clause 4(1)-(2)). The by‑laws do not impose procedural constraints on how the Council exercises this discretion, other than the limited substantive instruction in Clause 13(3) on alcohol.
• Place signs that prohibit entry to parts of community land and traffic signs that regulate vehicle traffic; those inscriptions have legal effect and non‑compliance is an offence (Clauses 6(1)-(2); 8(1)-(2)).
• Consider the “welfare of the Community as the paramount consideration” when deciding whether to permit the bringing, possession, use or supply of alcohol (Clause 13(3)). This is a direction on decision‑making weight for alcohol permissions.
• Implicit duty to manage access, signage and local order in practice, although the by‑laws do not mandate recordkeeping, notice periods, or appeal rights.

Members and occupants’ rights and duties

• Members are the only category explicitly identified as not requiring prior permission to be on the land (Clause 4(1)). Whether someone is a member is decided by community custom (Clause 2).
• Occupiers have the right to direct persons in their homes to leave; occupants must comply or risk committing an offence under Clause 7.

Visitors’ and non‑members’ duties

• Non‑members must obtain prior permission from the Council to enter or remain on community land, and must comply with any terms attached to that permission; breach is an offence (Clauses 4(1); 5).
• Visitors must not bring alcohol without Council permission and must comply with any conditions attached to permitted alcohol use or supply (Clauses 13(1)-(4); 14).
• All persons on community land must not commit the listed offences: malicious damage, littering, offensive or disorderly behaviour, disruption of meetings, careless or dangerous driving, and failure to obey signs (Clauses 9-12; 8(3); 6(2); 8(2)).

Police powers and procedural rules

• Police are empowered to take proceedings for breaches and to apprehend and remove persons from community land where the person has committed or is committing an offence and it appears likely that injury or damage will result; removal is limited to 24 hours or until a court convenes, whichever is earlier (Clause 15(1)(a)-(b)).
• Proceedings for offences against the by‑laws are to be commenced by complaint and summons under the Justices Act 1902 and must be commenced within six months after the offence, subject to the Child Welfare Act 1947 (Clause 15(2)).

Court powers and penalties

• Courts hearing complaints can impose fines of not more than $100 for breach of any by‑law (Clause 16(1)).
• In addition to fines, the Court may order compensation not greater than $250 to the community or another person where the convicted person caused damage to property in the course of committing the offence (Clause 16(2)).

Defence available

• It is a defence to show the defendant was “acting under and excused by any custom of the Community” (Clause 17). That defence applies to complaints under the by‑laws.

Other legal relationships and limits

• Clause 4(1) begins with “Except as provided in any Act or Regulation to the contrary,” creating an explicit interface where other statutory or regulatory provisions can override the permission requirement. The by‑laws therefore operate within a statutory hierarchy that may leave space for other Commonwealth or State laws to displace particular clauses.

Rights and duties summary

• The by‑laws give the Council the primary right to admit or exclude persons and to make rules about alcohol and traffic on community land. Visitors and non‑members have the duty to seek permission and obey terms, signs and general conduct rules. Police and courts hold enforcement powers, with statutory limits on detention, a short limitation period for prosecutions, and modest monetary penalties and compensation available to courts.

The by‑laws employ a summary, court‑based enforcement architecture with police operational powers and modest statutory monetary penalties. Key enforcement mechanics are as follows.

Offences and criminalisation

• The instrument creates a range of offences: being on community land without Council permission, breaching permission conditions, failing to obey signs prohibiting entry or regulating traffic, refusing to leave when directed by an occupier (in the occupier’s home), malicious damage, unlawful dumping/littering, offensive or disorderly behaviour including abusive language and fighting, disrupting council or customary meetings, bringing/possessing/using/supplying alcohol without Council permission or contrary to conditions (Clauses 5-14). Each breach is “an offence” under the by‑laws.

Police powers

• A member of the police force may take proceedings against any person for breach of the by‑laws (Clause 15(1)(a)).
• Where a person has committed or is committing an offence and it appears likely injury or damage will result, police may apprehend and remove that person from community land for up to 24 hours or until a court convenes to deal with the person, whichever is earlier (Clause 15(1)(b)). This is a time‑limited removal power; the by‑laws do not authorise longer detention or private citizen arrest beyond this context.

Procedure and limitation period

• Proceedings are to be commenced by complaint and summons under the Justices Act 1902 and must be commenced within six months after the offence was committed (Clause 15(2)). The commencement method and time limit create a summary, relatively rapid enforcement pathway. The clause is subject to the Child Welfare Act 1947, indicating special treatment for matters involving children, although the by‑laws do not themselves set out those contingencies.

Penalty quantum and compensation

• Any person who breaches a by‑law is liable to a fine not exceeding $100 (Clause 16(1)). The Court may additionally order compensation not greater than $250 where property damage occurred in the course of the offence (Clause 16(2)). These monetary caps are modest and frame the typical civil penalty exposure for offenders. The compilation table records an amendment to by‑law 16 effected by a regulation in 2004, which is the recorded alteration to the penalties provision (see compilation table).

Enforcement locus and limits

• Enforcement is anchored in ordinary criminal summary procedure via police, complaint and summons, and court fines/compensation. The Council does not have direct statutory power in these by‑laws to arrest or detain persons; it may direct persons to leave or put up signs. An occupier may direct a person to leave their home and failure to leave is an offence (Clause 7), but mechanical enforcement beyond calling police is not authorised in the by‑laws themselves.

Evidentiary and operational challenges arising from the text

• Permissions may be given verbally or in writing (Clauses 4(2); 13(4)). Verbal permissions that are later revoked raise evidential questions in any prosecution for breach of permission. The by‑laws do not require written records of decisions, which may make proceedings factually contested.
• Signs “operate and have effect according to their tenor” (Clauses 6(2); 8(2)). That grants legal weight to inscriptions, but factual disputes over sign placement, legibility, and notice may arise.
• The six‑month prosecution window is short. Delay in reporting or in bringing proceedings may bar enforcement.

Who receives fines or compensation

• The by‑laws provide that compensation ordered by the Court may be paid to “the Community or other person” whose property was damaged (Clause 16(2)). Fines per se are not expressly allocated in the by‑laws; the ordinary court fine process will apply.

In sum, enforcement rests with police and the courts using summary processes, punishments are monetary and small in quantum compared with many statutory regimes, and practical enforcement will turn on evidentiary matters such as proof of permission, the presence and tenor of signage, and timely commencement of complaint proceedings.

The by‑laws are explicitly framed as local regulations operating within the broader legislative framework. Several express references to other statutes and an implicit hierarchy determine interactions.

Reference to the Aboriginal Communities Act 1979

• “Community Land” is defined by reference to land declared by the Governor under Section 6 of the Aboriginal Communities Act 1979 (Clause 2). That makes these by‑laws contingent on a Governor’s declaration under the enabling Act. The by‑laws do not themselves set out the mechanics of a declaration; they only operate on land that has been so declared.

Express saving for other Acts and Regulations

• Clause 4(1) begins with the caveat “Except as provided in any Act or Regulation to the contrary,” indicating that if another Act or regulation permits entry or otherwise operates differently, that other law will displace Clause 4’s permission requirement. This clause creates an explicit channel for statutory displacement, including higher‑order State (or potentially Commonwealth) laws.

Interaction with the Justices Act 1902 and Child Welfare Act 1947

• Proceedings for offences under the by‑laws are to be commenced by complaint and summons “under and in accordance with the Justices Act 1902” and “subject to the Child Welfare Act 1947” (Clause 15(2)). This specifies both the procedural route for prosecution and that matters involving children may be handled differently pursuant to the Child Welfare Act. The by‑laws therefore sit atop established summary criminal procedure and child welfare protections.

Administrative law and decision‑making principles

• The by‑laws confer broad discretion on the Council to grant, condition or revoke permissions and to place signage. The instrument does not itself impose procedural fairness or recordkeeping obligations on the Council. Where other laws impose administrative decision‑making standards or review rights, those laws would apply to Council decisions to the extent they are applicable, but the by‑laws do not address review rights or appeals.

Custom and statutory defence

• Clause 17 makes customary practice a defence to complaints under the by‑laws. That creates a point of engagement between customary law and statutory by‑law enforcement. The by‑laws do not define or limit the content of the customs that can be relied upon but confirm their legal relevance.

Criminal law overlay

• While the by‑laws create offences with modest penalties, the substantive conduct (for example, assault, serious property damage, dangerous driving causing injury) may separately attract State criminal law offences under other legislation. The by‑laws do not preclude concurrent or alternative prosecution under broader criminal statutes where conduct meets those elements. Conversely, the express saving in Clause 4(1) means other Acts that authorise access or limit exclusion would override the entry permission rule.

Local government and other regulatory regimes

• The by‑laws empower the Council to regulate traffic and place “Traffic Signs” on community land (Clause 8). Where local government or road traffic legislation governs roads and signage more broadly, potential conflicts could arise. The by‑laws do not address supremacy in such contexts; the general statutory hierarchy and express saving provisions will determine interaction.

Summary

• The instrument is expressly contingent on the Aboriginal Communities Act 1979 declaration process, incorporates procedural links to the Justices Act 1902 and the Child Welfare Act 1947, preserves the effect of other Acts and Regulations that may be contrary, and recognises customary law as a defence. It does not, however, supply procedural safeguards for Council decisions, nor does it specify how conflicts with other regulatory regimes are to be resolved beyond the general “except as provided in any Act” saving.

The compilation table and the marginal note in Clause 16 record the legislative history contained in the source. The relevant entries are:

• Bardi Aborigines Association Inc., By‑laws: Gazetted 7 November 1980 at pages 3743-3744. The by‑laws commenced on the same date, 7 November 1980 (Compilation table entry).
• Sentencing Legislation (Short Sentences ‑ Aboriginal Community By‑Laws) Amendment Regulations 2004 r. 4: Gazetted 14 May 2004, pages 1451-1458, with commencement noted as 15 May 2004 (see Gazette 14 May 2004 p. 1445) (Compilation table entry).
• By‑law 16 amended: Gazette 14 May 2004 p. 1452. The marginal note after Clause 16 indicates that by‑law 16 was amended by the 2004 regulations.

What the amendment record shows

• The by‑laws were originally made and gazetted in 1980 and have at least one recorded amendment to the penalties provision in 2004, effected by regulations described in the compilation table. The source does not include the pre‑2004 text of Clause 16, nor does it provide the regulatory instrument’s full text within this document, other than the marginal note. Thus the compilation table supplies the dates and references for the only recorded amendment included in this compilation.

No other amendments recorded in the source

• The compilation table lists only the 1980 gazettal and the 2004 amendment in the entries shown. There are no further amendment entries in the provided compilation table text. The “Notes” section confirms that the document is a compilation including the amendments made by the other written laws referred to in the table, but the only “other written law” listed is the 2004 Sentencing Legislation amendment regulation entry.

Practical consequence of the amendment history

• The recorded amendment to Clause 16 indicates that the monetary penalty and compensation figures or their structure have been updated at least once. The by‑laws as presented reflect the post‑2004 text. The source does not show earlier penalty amounts or the exact nature of the 2004 changes beyond that marginal note. For a full legislative amendment trail beyond this compilation, the regulatory instrument referred to in the compilation table would need to be consulted directly.

The provided text contains no case law citations and no record of litigation arising under these specific by‑laws in the compilation itself. The instrument contains no named cases and the compilation table and notes do not record judicial consideration or reported decisions. The only judicial or procedural statutes referenced are the Justices Act 1902 and the Child Welfare Act 1947, which are cited for procedural purposes (Clause 15(2)), not as instances of adjudication on these by‑laws.

What the source permits us to say

• There is no litigation history included in this compilation of the Bardi Aborigines Association Inc. By‑laws. The by‑laws do not summarise or list any court decisions, appeals, or reported judgments concerning their application, constitutionality or interpretation. The defence based on custom (Clause 17) is a legal provision; whether it has been litigated or how courts have interpreted it is not addressed in the text.

What this means practically

• Because the compilation does not contain a litigation record, practitioners should not infer from this instrument alone how courts have treated issues such as the evidential burden for establishing membership according to custom, what suffices to establish that a person was “acting under and excused by any custom of the Community”, or how strictly courts have applied the six‑month commencement period. Those are matters that would require searching court databases and the broader case law corpus outside this compilation.

The by‑laws contain several features that create practical legal risks, evidentiary difficulties, or operational surprises that responsible actors should note. Each “gotcha” below is grounded in the specific clauses.

Membership decided by custom (Clause 2)

• Whether a person is a member of the community is “a question of fact to be determined according to the customs of the Bardi Community.” That places a potentially indeterminate factual test at the heart of the permission regime. For visitors and officials, membership is not self‑evident on paper unless the community maintains clear membership records that reflect local customs. Disputes over membership status are therefore likely to be contested and fact‑intensive.

Verbal permissions are legally valid but evidentially fragile (Clauses 4(2); 13(4))

• The Council may give permission verbally or in writing and may revoke permission at any time. Verbal permissions are lawful, but in any ensuing prosecution the person’s proof of permission will depend on witnesses or other evidence. The lack of a statutory requirement for written permissions invites evidentiary disputes.

Council discretion without prescribed process (Clauses 4; 13)

• The Council’s discretion to grant permissions and impose conditions lacks built‑in procedural safeguards in the text. There is no requirement for reasons, notice, appeal, or recordkeeping in the by‑laws. That can lead to perceptions or instances of inconsistency in decision making and make judicial review or accountability claims more complex.

Signs “operate according to tenor” and non‑compliance is an offence (Clauses 6(2); 8(2))

• Legal effect is bestowed on signage. However, if signs are poorly located, illegible, or ambiguous, prosecutions for non‑compliance will rely on proving what the inscription said and that it was reasonably observable to the defendant. Sign placement and wording matter in practice.

Short limitation period and summary procedure (Clause 15(2))

• Proceedings must be commenced within six months. Delay in reporting or initiating complaints can preclude prosecution under the by‑laws. Practically, that may reduce the Council’s ability to enforce offences discovered late, or limit redress for damage not promptly noticed.

Low penalties and modest compensation caps (Clause 16)

• Maximum fines of $100 and compensation caps of $250 mean that deterrence via monetary penalties is limited. For significant property loss or conduct that would elsewhere attract greater sanctions, the by‑laws offer only modest remedies. Complainants may need to rely on parallel State offences for more severe conduct.

Police apprehension power limited to 24 hours (Clause 15(1)(b))

• Police may remove a person for up to 24 hours or until a court convenes. The by‑laws do not provide for longer detention or for community‑based detention. This limits immediate operational remedies for the Council and occupiers beyond short removals.

Interplay with other laws and override clause (Clause 4(1))

• The by‑laws preserve any contrary Act or Regulation. Parties must therefore check whether other statutory provisions (for example road access statutes, emergency services, or broader State laws) authorise entry or operate differently. Failure to do so can lead to conflicts.

Custom defence is broad and undefined (Clause 17)

• That the by‑laws allow custom as a defence without defining its parameters means courts will need to determine what customs qualify and whether they excuse otherwise proscribed conduct. The by‑laws provide no guidance on the evidentiary standard for custom.

Occupier’s direction to leave applies inside the home (Clause 7)

• The offence for failing to leave when an occupier directs a person to leave is specifically framed as “being in the home occupied by another”. The by‑laws do not create an analogous rule for other community land spaces, where the Council’s directions and signage are the mechanism.

No express enforcement mechanisms for Council beyond police

• The Council can direct and place signs and can request police action, but the by‑laws do not grant the Council powers to detain, seize property, or directly fine offenders. That means the Council’s practical enforcement capability depends on police responsiveness, which may be variable.

In sum, these structural features create evidentiary, procedural and enforcement risks that parties should address through recordkeeping, clear signage, documented permissions, and timely reporting.

The following set of practical compliance measures is designed for three primary audiences: visitors/non‑members, the Council, and police/court practitioners. Each step is grounded in the relevant clauses noted.

For visitors and non‑members

• Always seek prior permission from the Council before entering community land. Clause 4(1) makes prior permission a legal requirement for non‑members. Obtain written permission where practicable to reduce evidentiary risk, since permissions may be revoked and may lawfully be given verbally (Clauses 4(2); 13(4)).
• If you need to bring alcohol, obtain explicit Council permission and note any conditions; Clause 13(1) prohibits bringing alcohol without permission, and Clause 13(2) permits the Council to impose conditions. Carry the written permission when on the land.
• Observe all council signs and traffic signs. Failure to obey inscriptions on signs is an offence under Clauses 6(2) and 8(2). Make sure you can reasonably show you saw and understood signage.
• Avoid the enumerated prohibited conduct: malicious damage; leaving rubbish except in bins or designated areas; abusive language, fighting or disorderly behaviour; disruption of council or customary meetings; careless or dangerous driving (Clauses 9-12; 8(3)). If in doubt about a permitted activity, ask the Council.
• If asked by an occupier to leave their home, do so. Refusal to leave is an offence under Clause 7.
• Keep evidence of any permission, conditions and any revocation (written authorisation, email, witness details) in case a compliance dispute arises.

For the Council (council of management)

• Put permissions in writing where practicable and maintain a register of permissions granted, including dates, recipients, terms, conditions and revocations. Clauses 4(1)-(2) and 13(2)-(4) allow verbal permission, but written records reduce evidentiary disputes.
• Draft clear, legible signage that states prohibitions and traffic directions unambiguously and place signs where they are visible to intended audiences. Clauses 6 and 8 give legal effect to inscriptions “according to their tenor”; clear wording helps enforcement.
• When deciding on alcohol permissions, document how the decision took account of “the welfare of the Community as the paramount consideration” (Clause 13(3)). Record reasons for conditions imposed or for refusal to assist in later legal scrutiny.
• Establish local procedures for handling complaints and for notifying police promptly of offences. The by‑laws empower police to apprehend and take proceedings (Clause 15(1)), and prosecutions must be commenced within six months (Clause 15(2)).
• For property protection, document evidence of property damage, obtain police reports where necessary, and be prepared to seek compensation in court up to the statutory cap (Clause 16(2)). Ensure community property is insured where appropriate given the low statutory compensation cap.
• Inform community members about the by‑laws, signage, parking/traffic rules and meeting procedures so that members and visitors understand behavioural expectations and membership determination by custom (Clause 2).

For occupiers and residents

• If someone is asked to leave an occupier’s home, make a clear request and call police if the person refuses and the situation escalates. Clause 7 criminalises refusal, but enforcement is through police and courts (Clause 15).
• Maintain records or witnesses to interactions with visitors, including any permissions the Council has granted or any revocations, to support any later enforcement action.

For police and prosecutors

• Use the complaint and summons route under the Justices Act 1902 as specified (Clause 15(2)). Note the six‑month limitation and ensure timely filing.
• When exercising the removal power, ensure the statutory conditions are met: the person has committed or is committing an offence and it appears likely injury to persons or damage to property will be caused; removal may be for up to 24 hours or until a court convenes (Clause 15(1)(b)). Document the factual basis for removal decisions.

For lawyers and advisors

• When advising clients about entry, membership claims, or the custom defence, gather contemporaneous evidence of membership customs and any written participatory evidence from the community. Clause 17 makes customary action a defence, but courts will require proof.
• If a client faces prosecution for a by‑laws offence involving permission or signs, focus evidence collection on the existence, wording and visibility of signage (Clauses 6; 8) and on the terms and existence of any permission (Clauses 4; 13).
• Consider whether parallel State offences apply for more serious conduct. The by‑laws do not preclude other statutory responses where conduct reaches the offence elements under general criminal law.

Operational checklist

• Written permissions and revocation notices for entry and alcohol.
• Clear signage with documented placement.
• Incident reports and photographs for damage or disorder.
• Rapid referral to police for urgent removal situations.
• Timely commencement of complaint and summons within six months.
• Documentation of customary membership criteria to manage membership determinations and to support the custom defence.

Following these measures will not remove all risk, but they materially reduce evidentiary and procedural exposure under the by‑laws as drafted.