Parliamentary Reserve By-laws 1972

The Reserve. The by-laws apply only to “the land comprised in Reserve A1162”. That formal description is not elaborated in the text; it is a single defined parcel of Crown land reserved under the Parks and Reserves Act 1895. The by-laws do not define its boundaries, size or purpose, which may be established elsewhere in the reservation instrument. That creates practical uncertainty for a person wishing to ascertain whether their conduct falls within the by-laws’ reach.

The Board. The “Parliamentary Reserve Board” is the entity constituted under the Parks and Reserves Act 1895 to control and manage the Reserve. The by-laws give the Board, or its Secretary, powers to close roads, grant written consents, remove persons and property, and institute proceedings. The Board is not defined further; its membership, meeting procedures and accountability mechanisms are presumably set out in the parent Act, which the by-laws do not reproduce.

Footpath and road. These physical definitions determine which rules apply. A footpath is any thoroughfare less than 4 metres wide; a road is any hard-surfaced thoroughfare 4 metres or wider (or surfaced with bitumen, gravel, concrete, wood or other hard material). The carriageway subset is defined for the parking by-law (16(2)) as the portion of road improved and ordinarily used for vehicular traffic, including shoulders and parking areas. This three-tier classification governs where vehicles may be driven (roads only, per by-law 4), where they may park (carriageway only unless accredited), and where they may not drive at all (footpaths absolutely banned by by-law 17).

Vehicle. The term takes its meaning from the Road Traffic (Administration) Act 2008 section 4, which likely covers any wheeled conveyance including bicycles, motorcycles, cars, carriages and trailers. The by-laws do not carve out exceptions for pushbikes or wheeled toys; they are vehicles for the purposes of by-laws 4, 15, 16 and 17.

Written consent. The phrase “prior consent in writing of the Board” appears in by-laws 4, 5(1), 6, 9, 10, 11(1), 11(2), 12, 13(1) and 18. It is the central licensing mechanism. The by-laws do not prescribe any form or process for applying for consent, nor any fee. Consent may presumably be given subject to conditions, but that is not stated. There is no right to a hearing or a statement of reasons if consent is refused. A person who acts without consent commits an offence even if the Board would have had no reasonable basis to withhold it. The consent power is thus a latent source of administrative discretion with minimal procedural safeguards.

Assistance animals. By-law 2(2) provides that the by-laws are subject to any law about assistance animals as defined in the Disability Discrimination Act 1992 (Cth) section 9(2). This means that a person with a disability accompanied by an assistance animal cannot be prosecuted under by-law 18 (animals) or by-law 17 (driving on footpaths, if the animal is led) if that would conflict with Commonwealth anti-discrimination law. The provision was inserted by the 2014 amendment, reflecting the interaction between state subordinate legislation and the Commonwealth’s disability framework.

The primary class of persons affected is any member of the public who enters the Reserve. Because the Reserve is not identified in the by-laws by name or location, anyone visiting that specific parliamentary reserve must comply. The by-laws impose a comprehensive code of behaviour that restricts ordinary activities that would be lawful on unregulated public land. Hikers, joggers and cyclists must keep to roads (by-law 4) unless they obtain the Board’s consent to traverse the Reserve off-road, which effectively means the entire Reserve off the designated road network is off limits without permission. People who wish to pick a flower, collect fallen wood, move a piece of litter that is not their property, or remove leaf mould violate by-law 5 or 6 unless they have the Board’s written consent. That affects not only commercial operators but also casual users, and even persons who might want to clean up the Reserve (by-law 6 prohibits moving any article or property that is lying there unless they are the owner or legally entitled to possession, so picking up discarded items could be an offence).

Commercial operators are particularly affected. By-law 11 bans selling goods, distributing printed matter, soliciting money, placing chairs or seats for hire, and even distributing any printed or written matter without consent. Street vendors, market stalls, promotional teams, charitable fundraisers, pamphlet distributors and political campaigners are all captured. By-law 12 bans fetes, picnics, concerts, public worship, preaching, public speaking of any kind, and any public meeting without consent. That includes church groups, protest organisers, open-air educators, buskers, and anyone giving a speech. The language “public speaking of any kind whatever” is extremely broad and could cover a person delivering a short address to friends.

Animal owners are affected by by-law 18, which requires written consent to ride, drive or lead any animal on the Reserve. This would cover dog walking (leading an animal), horse riding, or even leading a pack animal. The only exception is for assistance animals as per by-law 2(2), but that exception is not self-executing: a person asserting an assistance animal must rely on the Commonwealth Act. The by-laws do not exempt police dogs or guide dogs in training.

Vehicle users face restrictions: speed limit 40 km/h (by-law 15(2)), no parking off the carriageway unless they are a “visitor accredited by the Board” and the place is set apart for such visitors (by-law 16(1)(a)), no parking on carriageway where prohibited by the Board (16(1)(b)), and no parking longer than the time permitted (16(1)(c)). The term “visitor accredited by the Board” is not defined; it implies a separate accreditation scheme not detailed in the by-laws.

Board members, the Secretary, and police constables or special constables are affected in that they have duties to enforce the by-laws and power to remove persons or property. They also have protection under by-law 22, which makes it an offence to obstruct or interfere with them. By-law 23 gives the Secretary standing to institute proceedings; other agencies are not excluded but the Secretary is specifically empowered.

Duties are structured as prohibitions. The principal duties are to refrain from the following without the Board’s written consent: driving or riding off roads (by-law 4); destroying, injuring or removing any living or dead flora, damaging natural surfaces, interfering with improvements, or breaking up road surfaces (by-law 5(1)); disturbing or removing leaf mould or other decayed vegetable matter, or moving any unowned article or property (by-law 6); posting any placard, bill, notice, sign or document on any natural feature, fence, post, gate, wall, flagging, road or footpath (by-law 9); discharging firearms, throwing missiles, fireworks, lighting fires outside designated areas, or using explosives (by-law 10); selling goods, exposing for sale, distributing for promotional purposes, soliciting money, placing chairs or seats for hire, or distributing printed matter (by-law 11); holding or taking part in a fete, picnic, concert, public worship, preaching, public speaking, public meeting, or collecting money (by-law 12); erecting any booth, tent, shed, stand, wall, post, rail, fence, swing, chair, seat or other erection or obstruction (by-law 13); riding, driving or leading any animal (by-law 18).

Absolute duties (no consent possible) include: camping (by-law 8); singing obscene songs, writing indecent words, using profane language, threatening or insulting behaviour, molesting others, offending decency in apparel, or behaving in a manner that may reasonably give offence (by-law 7); depositing refuse or litter outside receptacles (by-law 5(2)); improvising sanitary conveniences (by-law 14); driving or riding any vehicle on a footpath (by-law 17); causing offensive noise by any wireless, mechanical or other instrument (by-law 19); exceeding 40 km/h (by-law 15(2)); parking off a carriageway unless an accredited visitor in a designated area, parking in a prohibited carriageway area, or parking for longer than permitted (by-law 16); and obstructing or interfering with Board members, the Secretary or constables, or refusing to give name and address on request (by-law 22).

Rights are limited. The by-laws do not confer any positive right of access, use or speech. The only right expressly stated is the right of a person with an assistance animal to be free from prosecution under the by-laws, by virtue of by-law 2(2) and the overriding Commonwealth law. Beyond that, rights are implied from the structure: a person may apply for the Board’s written consent, but the by-laws do not require the Board to consider it, to grant it on any grounds, or to provide reasons for refusal. A person subject to removal does not have a stated right to be heard or to challenge the removal decision. There is no right to appeal a decision to any tribunal or court within the by-laws themselves.

The by-laws also implicitly grant the Board and its delegates rights to enter, remove and impound property; those are enforcement rights, not public rights.

The penalty for any contravention of the by-laws is $150 (by-law 24). That is a fixed monetary penalty per offence, not indexed and not adjustable by a court. It is low by contemporary standards but may be outdated given the by-laws were first gazetted in 1972. A person who commits multiple offences (e.g. off-road driving, destroying flora, and failing to give name) could face multiple $150 penalties. There is no provision for escalating penalties for repeat offences, no infringement notice scheme, and no criminal penalty beyond the fine. The low penalty may reflect the by-laws’ age and the subordinate legislative nature.

Enforcement is primarily through removal and seizure. By-law 20 empowers the Board’s Secretary or any police constable or special constable to remove from the Reserve any person who contravenes the by-laws. That is not a criminal sanction but an administrative removal, which could be exercised without charge or conviction. By-law 21 empowers the Board to remove or cause to be removed any thing, vehicle or animal that is on the Reserve contrary to the by-laws. This power is not contingent on a court order; it is a self-help remedy. The Board may retain or dispose of the removed property? The by-laws do not say, raising potential issues of trespass, conversion and procedural fairness, though those would be litigated under general law.

Obstruction of enforcement is itself an offence under by-law 22. A person who obstructs or interferes with a Board member, the Secretary or a constable, or who refuses to give name and address upon request, commits an offence punishable by the same $150 penalty. The request for name and address does not require reasonable suspicion of an offence; it appears to be exercisable on demand.

Proceedings for an offence may be instituted by the Secretary of the Board (by-law 23). That does not preclude other authorised persons (police, relevant government agency) from prosecuting, but specifically empowers the Secretary. The practical effect is that the Board itself can initiate prosecutions without relying on police, giving it direct enforcement teeth.

There is no provision for vicarious liability, corporate liability, or liability of directors. The by-laws address “person” which under the Interpretation Act would include bodies corporate, but the onus is on the prosecution to prove the defendant did the prohibited act or omission. Given the strict nature of the prohibitions (no mens rea element stated), the prosecution likely only needs to prove the physical act. A defendant could raise the defence of lawful authority (e.g. written consent) but the evidential burden would be on the defendant to produce the consent.

The by-laws are subordinate legislation under the Parks and Reserves Act 1895. They derive their authority from that Act and must be read consistently with it. If the parent Act is amended or repealed, these by-laws would cease to have effect unless saved. The by-laws are also subject to “any written law” and to Commonwealth law about assistance animals (by-law 2(2)). That means a conflicting written law (state or Commonwealth) will override the by-laws to the extent of the inconsistency. For example, the Disability Discrimination Act 1992 (Cth) prevails over by-law 18 (animals) and by-law 17 (footpath use by vehicle; leading an animal on footpath could be seen as driving or leading a vehicle but likely the animal itself is not a vehicle; however the assistance animal exemption would apply to by-law 18). The effect is that a person accompanied by a guide dog or other recognised assistance animal may ride, drive or lead that animal on the Reserve without Board consent, and may take it onto footpaths.

By-law 15 incorporates road laws as defined in the Road Traffic (Administration) Act 2008 section 4. That means the speed limits, traffic signs, drink driving laws, licensing requirements and other traffic provisions apply while on roads within the Reserve. The by-laws add a 40 km/h speed limit, which would be a lower speed limit than any default general speed limit, thus supplementing the road laws. The by-laws do not create a separate regime for traffic; they incorporate the general law.

The by-laws also potentially interact with environmental law. Destroying flora (by-law 5) might also contravene the Wildlife Conservation Act 1950 (WA) if the flora is protected, or the Environmental Protection Act 1986. The by-laws do not provide a defence of lawful authority under other Acts; a person would need both the Board’s consent and any necessary environmental permits.

Freedom of political communication is a potential area of interaction with the implied constitutional freedom. By-law 12 bans public speaking, public meetings, and preaching without consent. If applied to political speech or religious worship, that could raise a constitutional issue. The by-laws are state subordinate legislation, and if they impermissibly burden the implied freedom, they may be invalid to that extent. However, the by-laws do not acknowledge any such limitation, and no court case is cited in the source.

The by-laws do not interact with native title or cultural heritage, though if Reserve A1162 is subject to native title rights or interests, the by-laws might be inconsistent. The source does not address this.

Local government by-laws may also apply if the Reserve is within a local government area, but as a parliamentary reserve it is likely under state control, and state by-laws would likely prevail to the extent of any inconsistency.

The by-laws were originally gazetted on 28 July 1972 (pp. 2827‑9) and commenced that day. They were first reprinted as at 6 August 2004. The first amendment was the Parliamentary Reserve Amendment By‑laws 2004, gazetted on 8 October 2004, which commenced on that date. The Gazette reference is p. 4729. The nature of that amendment is not described in the source, but it likely updated references or definitions given the 2004 reprint.

The second amendment was the Parliamentary Reserve Amendment By‑laws 2014, gazetted on 8 January 2015 (pp. 119‑20). This amendment had a split commencement: by-laws 1 and 2 (citation and commencement provisions) commenced on 8 January 2015; the remaining provisions commenced on 27 April 2015 (see the note referring to Gazette 17 April 2015 p. 1371). The 2014 amendment made two substantive changes visible in the compilation: it amended by-law 2 (interpretation) and by-law 15 (application of road laws). By-law 2 was amended to insert the assistance animal exemption and to update the definition of “the Traffic Act” to refer to the Road Traffic (Administration) Act 2008 and its section 4 for the meaning of vehicle. By-law 15 was amended to replace “the Traffic Act” with “road law as defined in the Road Traffic (Administration) Act 2008 section 4” and to delete by-law 15(3). The amendment also deleted the defined term “the Traffic Act” from the list. The inclusion of the assistance animal exemption reflects the harmonisation with Commonwealth disability law.

The by-laws have not been amended since 2015. There is no indication of any pending review or repeal. The penalty of $150 has not been updated since 1972 and has not been indexed to inflation; its real value has declined significantly. A person in 2025 would face a fine with purchasing power far less than in 1972, reducing the deterrent effect.

No litigation is mentioned in the source compilation, and no published case is referenced. Given the by-laws are low‑level subordinate legislation with a small penalty, it is unlikely they have generated significant reported litigation. No case names or court decisions appear in the text. The absence of litigation history in the source means we cannot identify any judicial interpretations. However, practical enforcement may occur through infringement notices issued by police or by the Board, with most matters resolved by payment or removal rather than court proceedings. The broad discretionary powers of the Board and the lack of procedural safeguards could give rise to challenges under administrative law (e.g., judicial review for unreasonableness or procedural fairness) but no such cases are recorded here.

Visitors accredited by the Board. By-law 16(1)(a) allows parking off a carriageway only for a “visitor accredited by the Board”. That term is undefined. It does not appear in any other by-law. There is no guidance on who qualifies, how accreditation is obtained, or whether it is a formal scheme. A person who parks off the carriageway believing they are an ordinary visitor could be convicted.

No appeal from Board decisions. The by-laws do not provide any mechanism to challenge a refusal of consent, a decision to close a road, or a removal order. The only avenue would be judicial review in the Supreme Court, but that is expensive and uncertain.

Misconduct by-law 7(f) and (g). Sub-bylaw 7(f) prohibits “offending against decency in the nature of his apparel”. That is vague and could apply to anything from a swimsuit to a torn shirt. Sub-bylaw (g) prohibits behaviour that “may reasonably give offence to other persons lawfully on the Reserve”. That is a highly subjective test. A person could commit an offence by engaging in conduct that they did not intend to be offensive but that a reasonable person might consider offensive. This is a low threshold and potentially chills speech and expression.

Camping ban is absolute. By-law 8 bans camping with no possibility of consent. That includes any form of overnight accommodation, even a temporary bivouac.

Bill posting ban includes any document. By-law 9 bans posting any “placard, bill, notice, or sign or document of any kind whatever”. That could cover sticking a note to a tree, leaving a business card on a post, or affixing a temporary sign for a lost pet without prior written consent.

Removal of litter is restricted. By-law 6 prohibits removing any article or property lying on the Reserve unless the person is the owner or legally entitled to possession. A person who picks up a discarded drink can and carries it to a bin could be committing an offence because they are not the owner and are not legally entitled to possession (litter is still property until abandoned). This creates a perverse incentive not to tidy up.

Offensive noise by wireless instrument. By-law 19 prohibits making offensive noise “by the use of any wireless, mechanical or other instrument or thing”. This could apply to a mobile phone playing music loudly, a radio, or even a person shouting near a loudspeaker. “Offensive” is not defined.

Multiple offences. A person who drives off‑road, destroys a flower, and then swears at a Board member commits three separate offences, each carrying $150. The total potential fine for a single incident could be substantial relative to the per‑offence amount.

Penalty may be outdated. $150 in 1972 is roughly $1,800 in 2025 dollars, but the nominal penalty has not changed. The penalty has not been updated, perhaps due to neglect, meaning enforcement may not be a priority for police or the Board.

No sunset or review clause. The by-laws have been in force for over 50 years with only two amendments. There is no obligation to review their ongoing necessity or proportionality.

Compliance begins with identifying whether the land in question is Reserve A1162. If it is, assume that all activities not expressly permitted are prohibited unless the Board has consented in writing. The safest approach is to treat the Reserve as a space where only passive recreation (walking on roads, sitting on designated benches) is allowed without permission.

To engage in any of the following, a person or organisation must obtain prior written consent from the Parliamentary Reserve Board: off‑road driving or riding; destroying or removing any flora, dead wood, leaf mould, or turf; interfering with natural features or improvements; moving any unattended property; posting any sign, bill, or document; using firearms, fireworks, or explosives; lighting fires outside designated areas; selling goods, distributing printed matter, soliciting money, or placing chairs for hire; holding a fete, picnic, concert, public meeting, public worship, preaching, public speaking, or collecting money; erecting any booth, tent, shed, stand, fence, or other structure; and riding, driving or leading any animal (except assistance animals as defined by Commonwealth law). For each of those activities, the person should write to the Board seeking consent, specifying the activity, location, date, time and any environmental management measures. Because the by-laws do not prescribe a process, the applicant should keep a copy of the request and any response. If consent is granted, carry the consent document while on the Reserve.

For vehicle users: never drive off a road or footpath (by-law 4). Do not drive on a footpath (by-law 17). Observe the 40 km/h speed limit on roads. Park only on a carriageway, unless the Board has designated an off‑carriageway parking area and the driver is an “accredited visitor”. To become accredited, contact the Board in advance; do not rely on assumption. Obey any parking prohibition signs and time limits.

For all persons: do not camp, do not deposit litter outside receptacles, do not sing obscene songs, use profane language, or behave in a way that could give offence. Do not cause offensive noise using any device. Do not use any sanitary convenience except those provided by the Board. If approached by a Board member, the Secretary, or a constable, answer questions truthfully and provide name and address if requested. Do not obstruct or interfere with any of those persons. If asked to leave, do so promptly to avoid removal and potential prosecution.

For organisers of events: apply well in advance for written consent for any public meeting, concert, speaking event or commercial activity. Include details of numbers, equipment, noise management and waste disposal. Expect that the Board may refuse consent without justification.

For persons with disabilities accompanied by an assistance animal: be prepared to demonstrate that the animal qualifies under the Disability Discrimination Act 1992. The by-laws are subject to that Act, so the Board cannot refuse consent for the animal’s presence, but the person should still carry evidence of the animal’s status and the person’s disability, as a practical safeguard against enforcement action.

For anyone uncertain: avoid the Reserve altogether or limit activity to walking on roads and using designated facilities. If in doubt about a specific activity, seek written advice from the Board before proceeding. Do not rely on oral permission, because the by-laws require “prior consent in writing”.