Community Services (Aborigines) Act 1984

Queensland COMMUNITY SERVICES (ABORIGINES) ACT 1984 Reprinted as in force on 1 July 2003 (includes commenced amendments up to 2003 Act No. 27) Reprint No. 4A This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy Information about this reprint This Act is reprinted as at 1 July 2003. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. Also see list of legislation for any uncommenced amendments. This page is specific to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in earlier reprints. Dates shown on reprints Reprints dated at last amendment All reprints produced on or after 1 July 2002, hard copy and electronic, are dated as at the last date of amendment. Previously reprints were dated as at the date of publication. If a hard copy reprint is dated earlier than an electronic version published before 1 July 2002, it means the legislation was not further amended and the reprint date is the commencement of the last amendment. If the date of a hard copy reprint is the same as the date shown for an electronic version previously published, it merely means that the electronic version was published before the hard copy version. Also, any revised edition of the previously published electronic version will have the same date as that version. Replacement reprint date If the date of a hard copy reprint is the same as the date shown on another hard copy reprint it means that one is the replacement of the other. Queensland COMMUNITY SERVICES (ABORIGINES) ACT 1984 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 3 Savings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 4 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 5 Meaning of “conclusion” of election for Aboriginal council . . . . . . . . . . . . 14 PART 2—ADMINISTRATION 6 Responsible officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 7 Corporation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 8 Corporation of chief executive is statutory body. . . . . . . . . . . . . . . . . . . . . . 15 9 Consequences of constitution of corporation . . . . . . . . . . . . . . . . . . . . . . . . 15 10 Agents of department . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 11 Power of delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 12 Appointment of magistrates to trust areas. . . . . . . . . . . . . . . . . . . . . . . . . . . 17 13 Official inquiries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 14 Annual report on administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 PART 3—INTERVENTION BY THE STATE Division 1—Powers of intervention 15 Procedures before exercise of certain powers . . . . . . . . . . . . . . . . . . . . . . . . 19 16 Revocation and suspension of resolutions and orders . . . . . . . . . . . . . . . . . . 20 17 Effect of revocation or suspension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 18 Overruling by-laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 19 Appointment of financial controller . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 2 Community Services (Aborigines) Act 1984 20 Dissolution of Aboriginal council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 21 Abolition of joint Aboriginal council and its area. . . . . . . . . . . . . . . . . . . . . 22 Division 2—Administrators 22 When administrator may be appointed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 23 Jurisdiction, powers and duties of administrator. . . . . . . . . . . . . . . . . . . . . . 22 24 Title of administrator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 25 Committee to help administrator. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 26 Conditions of appointment as administrator or member of committee. . . . . 23 27 Recovery of amounts from Aboriginal councils . . . . . . . . . . . . . . . . . . . . . . 24 28 Role of committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 29 Decision by Minister on referral by administrator . . . . . . . . . . . . . . . . . . . . 24 30 Procedures of committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 31 Termination of administrator’s appointment . . . . . . . . . . . . . . . . . . . . . . . . . 25 32 Termination of appointment of committee member etc. . . . . . . . . . . . . . . . . 25 Division 3—Financial controller 33 Functions of financial controller . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 34 Power of financial controller to revoke and suspend resolutions and orders 26 35 Effect of revocation or suspension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 36 Financial controller’s employment conditions . . . . . . . . . . . . . . . . . . . . . . . 27 37 Recovery of amounts from Aboriginal councils . . . . . . . . . . . . . . . . . . . . . . 27 38 Termination of financial controller’s appointment . . . . . . . . . . . . . . . . . . . . 27 PART 4—LOCAL GOVERNMENT OF AREAS Division 1—Aboriginal councils 39 Declaration of council areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 40 Aboriginal council required for each council area . . . . . . . . . . . . . . . . . . . . 28 41 Implementation of council area. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 42 Incorporation of Aboriginal councils . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 43 Tenure of office of councillors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 44 Times for election of councillors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 45 Voters roll . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 46 Relationship of council area to local government area . . . . . . . . . . . . . . . . . 30 47 Functions of Aboriginal councils . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 3 Community Services (Aborigines) Act 1984 48 Power of council to lend an amount to an adult resident . . . . . . . . . . . . . . . 33 49 Disclosure of interests at meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 Division 2—Financial operations of Aboriginal councils 50 Issue of standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 51 Standards must be complied with . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 52 Area rate and other charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 53 Annual budget to be prepared . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 54 Adoption of budget . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 55 Framing of budget . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 56 Amendment of budget . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 57 Unexpended votes to lapse . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 58 Provisions in respect of loan repayments . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 59 Illegal expenditure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 60 Accounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 61 Special accounting provision for particular payments . . . . . . . . . . . . . . . . . 38 62 Preparation of financial statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 63 Certification of annual financial statements . . . . . . . . . . . . . . . . . . . . . . . . . 38 64 Auditor-general to audit accounts of council . . . . . . . . . . . . . . . . . . . . . . . . 39 65 Auditor-general to certify annual financial statements . . . . . . . . . . . . . . . . . 39 66 Presentation of annual financial statements. . . . . . . . . . . . . . . . . . . . . . . . . . 40 67 Access to accounts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 68 Power to require furnishing of information and the like . . . . . . . . . . . . . . . . 41 69 General reporting provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 70 Financial statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 71 Aboriginal councils are statutory bodies . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 72 Chief executive may require information from Aboriginal council . . . . . . . 42 Division 3—Law and order in areas 73 Jurisdiction and powers of police . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 74 Entry upon council areas etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 75 Application to council areas of laws relating to public places . . . . . . . . . . . 43 76 Aboriginal police. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 77 Discharge of Aboriginal police officers’ functions etc. . . . . . . . . . . . . . . . . . 44 4 Community Services (Aborigines) Act 1984 78 Other functions of Aboriginal police officers . . . . . . . . . . . . . . . . . . . . . . . . 44 79 Indemnification of Aboriginal police officer for liability for tort . . . . . . . . . 45 Division 4—Determination of matters of complaint in areas 80 Aboriginal Courts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 81 Jurisdiction of Aboriginal Courts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 82 Limitation of jurisdiction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 83 Right of appeal against conviction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 Division 5—Authorised officers 84 Authorised officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 85 General powers of authorised officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 PART 5—COMMUNITY JUSTICE GROUPS Division 1—Establishment, functions and powers 86 Establishment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 87 Functions and powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 Division 2—Provisions about membership of groups and group coordinators 88 Membership. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 89 Criminal history checks. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 90 Coordinator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 Division 3—Miscellaneous provisions 91 Authentication of documents. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 92 Protection of members from civil liability . . . . . . . . . . . . . . . . . . . . . . . . . . 52 93 Reporting requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 PART 6—CONTROL OF POSSESSION AND CONSUMPTION OF ALCOHOL IN COMMUNITY AREAS Division 1—Preliminary 94 Purpose of pt 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 95 Definitions for pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 Division 2—Dry places 96 Declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 97 Notice of proposal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 98 Objections and supporting submissions . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 99 Notice about declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 5 Community Services (Aborigines) Act 1984 100 Suspension of declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 101 Effect of declaration of dry place . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 Division 3—Offences 102 Obstructing members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 103 Possession or consumption of alcohol in or on dry place . . . . . . . . . . . . . . . 58 104 False or misleading statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 105 False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 Division 4—Appeals 106 Who may appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 107 How to start appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 108 Stay of operation of decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 109 Powers of Magistrates Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 110 Constitution of Magistrates Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 111 Effect of Magistrates Court’s decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 112 Appeal to District Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 Division 5—Miscellaneous provision 113 Making applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 PART 7—PROVISIONS ABOUT MAKING BY-LAWS AND SUBORDINATE BY-LAWS Division 1—Preliminary 114 Definitions for pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 Division 2—Publishing model by-laws and power to make subordinate by-laws 115 Minister may publish model by-laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 116 Power to make subordinate by-laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 Division 3—Process for making by-laws 117 By-law process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 118 Step 1—propose a by-law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 119 Step 2—ensure proposed by-law satisfactorily deals with any State interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 120 Step 3—consultation about proposed by-law . . . . . . . . . . . . . . . . . . . . . . . . 65 121 Step 4—give access to proposed by-law . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 122 Step 5—accept and consider all submissions . . . . . . . . . . . . . . . . . . . . . . . . 66 6 Community Services (Aborigines) Act 1984 123 Step 6—decide whether to proceed with making proposed by-law . . . . . . . 66 124 Step 7—again ensure proposed by-law satisfactorily deals with any State interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 125 Step 8—make proposed by-law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 126 Step 9—give public notice of law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 Division 4—Process for making subordinate by-laws 127 Subordinate by-law process. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 128 Step 1—propose a subordinate by-law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 129 Step 2—consultation about proposed subordinate by-law . . . . . . . . . . . . . . 69 130 Step 3—give access to proposed subordinate by-law . . . . . . . . . . . . . . . . . . 71 131 Step 4—accept and consider all submissions . . . . . . . . . . . . . . . . . . . . . . . . 71 132 Step 5—make proposed subordinate by-law. . . . . . . . . . . . . . . . . . . . . . . . . 71 133 Step 6—give public notice of subordinate by-law . . . . . . . . . . . . . . . . . . . . 72 134 Early start for subordinate by-law making process . . . . . . . . . . . . . . . . . . . . 72 Division 5—Commencement and status of by-laws and subordinate by-laws 135 Commencement of by-laws and subordinate by-laws. . . . . . . . . . . . . . . . . . 73 136 Effect of by-laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 137 Extent to which subordinate by-law is binding . . . . . . . . . . . . . . . . . . . . . . . 73 138 When subordinate by-laws cease to have effect . . . . . . . . . . . . . . . . . . . . . . 74 139 Proof of by-laws and subordinate by-laws . . . . . . . . . . . . . . . . . . . . . . . . . . 74 140 By-law and subordinate by-law presumed to be within power . . . . . . . . . . . 74 PART 8—ABORIGINAL COORDINATING COUNCIL 141 Continuation and incorporation of Aboriginal Coordinating Council. . . . . . 75 142 Membership of council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 143 Functions of council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 144 Meetings of council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 145 Divisions of Aboriginal communities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 146 Selection of board members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 147 Casual vacancy in office of selected member . . . . . . . . . . . . . . . . . . . . . . . . 78 148 Particular functions of council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 149 Budget of Aboriginal Coordinating Council . . . . . . . . . . . . . . . . . . . . . . . . . 79 150 Declaration that Aboriginal Coordinating Council is statutory body . . . . . . 79 7 Community Services (Aborigines) Act 1984 PART 9—ABORIGINAL INDUSTRIES BOARD 151 The board. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 152 Membership of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 153 Casual vacancy in appointed members of board . . . . . . . . . . . . . . . . . . . . . . 80 154 Board meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 155 Officers and employees of board. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 156 Powers of board. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 157 Profits of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 158 Board is statutory body . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 159 Audit of board’s accounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 160 Annual report by board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 161 Administrator may replace board members . . . . . . . . . . . . . . . . . . . . . . . . . 84 162 Relinquishment of board’s assets to local control . . . . . . . . . . . . . . . . . . . . . 84 PART 10—ENTRY UPON AREAS 163 Entry upon public parts of areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 164 General authority to be in area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 165 Entry upon and temporary stay in areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 166 Power of Aboriginal council to regulate presence in area . . . . . . . . . . . . . . . 86 167 Excluded person entitled to reason . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 168 Power of Aboriginal council to eject . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 PART 11—ASSISTANCE SOUGHT BY ABORIGINES 169 Grant of aid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 170 Deposit of savings with banker . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 171 Continuation of management of money . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 172 Banker is a statutory body . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 173 Administration of Aborigines’ estates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 PART 12—GENERAL PROVISIONS 174 Aborigines’ right to certain natural resources . . . . . . . . . . . . . . . . . . . . . . . . 91 175 Aborigines’ right to certain forest products and quarry material—Aboriginal land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 176 Aborigines’ right to certain forest products and quarry material—non-Aboriginal land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 177 Obstruction, intimidation and assault . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92 8 Community Services (Aborigines) Act 1984 178 General penalty for offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92 179 Magistrates Court not to have jurisdiction for certain offences . . . . . . . . . . 92 180 Evidentiary aids. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92 181 Approved forms. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93 182 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93 PART 13—ASSISTANCE TO AND REVIEW OF ABORIGINAL COUNCILS 183 Assistance to Aboriginal councils . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96 184 Use of churches etc. for provision of assistance . . . . . . . . . . . . . . . . . . . . . . 96 PART 14—TRANSITIONAL PROVISIONS Division 1—Transitional provision for Community Services Legislation Amendment Act 1999 185 Transitional provision for council areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97 Division 2—Transitional provision for Community Services Legislation Amendment Act 2002 186 Transitional provision for process for making by-laws. . . . . . . . . . . . . . . . . 98 PART 15—VALIDATING PROVISIONS 187 Validation of particular rates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 ENDNOTES 1 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 2 Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . 100 3 Key. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 5 Tables in earlier reprints. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 8 Table of renumbered provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115 s 1 9 s 3 Community Services (Aborigines) Act 1984 COMMUNITY SERVICES (ABORIGINES) ACT 1984 [as amended by all amendments that commenced on or before 1 July 2003] An Act to provide for support, administrative services and assistance for Aboriginal communities resident in Queensland and for management of lands for use by those communities and for related purposes PART 1—PRELIMINARY 1 Short title This Act may be cited as the Community Services (Aborigines) Act 1984. 2 Commencement (1) Section 1 and this section shall commence on the day this Act is assented to for and on behalf of Her Majesty. (2) Except as is provided by subsection (1), this Act shall commence on 31 May 1984 or on such earlier date as is appointed by proclamation. (3) The date on which this Act, other than sections 1 and 2 commences as prescribed is in this Act referred to as the “commencement of this Act”. 3 Savings (1) An area that at the commencement of this Act is a reserve within the meaning of the Aborigines Act 1971 shall continue as a trust area for the purposes of this Act. (2) Every by-law, resolution or order lawfully made by an Aboriginal council before the commencement of this Act that subsists at such s 3 10 s 3 Community Services (Aborigines) Act 1984 commencement shall continue to have force and effect as if it had been made pursuant to this Act. (3) Every order and decision made by an Aboriginal Court before the commencement of this Act that is operative at such commencement shall continue to be operative as if it had been made by that court constituted pursuant to this Act. (4) A person who at the commencement of this Act holds an appointment for the purposes of the Aborigines Act 1971 shall, subject to the conditions of the person’s appointment, continue to hold the appointment for the purposes of this Act, if the appointment is material to the purposes of this Act. (5) A management of property of a person that was undertaken when the person was an assisted Aborigine within the meaning of the Aborigines’ and Torres Strait Islanders’ Affairs Act 1965 and that is maintained at the commencement of this Act shall be deemed to be a management of property under this Act and, unless it is terminated in accordance with this Act, shall be maintained in accordance with this Act. (6) A management of property of an Aborigine that is maintained at the commencement of this Act shall continue to be maintained in accordance with this Act unless it is terminated in accordance with this Act. (7) The Aborigines Welfare Fund maintained by the Corporation of the Under Secretary for Community Services shall continue to be maintained by the corporation in accordance with this Act. (8) The Aborigines Welfare Fund mentioned in subsection (7) (the “fund”) is continued in existence subject to the Financial Administration and Audit Act 1977, part 8, division 2.1 (9) Accounts for the fund must be kept as part of the departmental accounts of the department. (10) However, amounts received for the fund must be deposited in a departmental financial-institution account of the department used only for amounts received for the fund. (11) In this section— 1 Financial Administration and Audit Act 1977, part 8 (Transitional provisions), division 2 (Transitional provisions for Financial Administration Legislation Amendment Act 1999) s 4 11 s 4 Community Services (Aborigines) Act 1984 “departmental accounts”, of a department, means the accounts of the department under the Financial Administration and Audit Act 1977, section 12. “departmental financial-institution account”, of a department, means an account of the department kept under the Financial Administration and Audit Act 1977, section 18. 4 Definitions In this Act— “Aboriginal Council Accounting Standards” see section 50(1). “Aboriginal land” has the meaning given by section 10 of the Aboriginal Land Act 1991. “Aboriginal police officer” means a person appointed under section 76 as an Aboriginal police officer for a council area. “advertised proposed by-law”, for part 7, see section 123(a). “alcohol” has the same meaning as “liquor” in the Liquor Act 1992.2 “amended proposed by-law”, for part 7, see section 123(b). “appealable decision”, for part 6, see section 95. “approved form” means a form approved under section 181. “by-laws”, in relation to an Aboriginal council, includes— (a) by-laws made by the council as the authority charged with the functions of local government of a council area; and (b) by-laws made by the council as trustee of an area by reason of the land comprising the area having been granted in trust or reserved and set apart by the Governor in Council under the 2 The Liquor Act 1992, section 4B— 4B Meaning of “liquor” (1) “Liquor” is a spiritous or fermented fluid of an intoxicating nature intended for human consumption. (2) “Liquor” also includes any other substance intended for human consumption in which the level of ethyl alcohol (ethanol) is more than 5 mL/L (0.5%) at 20ºC. (3) However, “liquor” does not include a fluid, that would otherwise be liquor, if it is used merely as a preservative or medium in which fruit is offered for sale to the public in sealed containers and with the contents visible. s 4 12 s 4 Community Services (Aborigines) Act 1984 provisions of law relating to Crown lands and vested in or placed under the control of the council. “canteen” see the Indigenous Communities Liquor Licences Act 2002, schedule. “certified copy”, for part 7, see section 114. “closing day for objections and submissions”, for part 6, see section 97(2). “community area” means a council area or the Shire of Aurukun or Mornington. “community council” means an Aboriginal council or the Council of the Shire of Aurukun or Mornington. “community justice group” means a community justice group established under part 5 for a community area. “consultation period”, for part 7, see section 120(1) or 129(1). “coordinator”, for a community justice group, means the person appointed under section 90 by the group to perform the functions of coordinator for the group. “corporation” means the corporation sole preserved, continued in existence and constituted under this Act by the name and style Aboriginal and Islander Affairs Corporation. “council area” means a part of the State declared to be a council area under section 39. “drafting certificate”, for part 7, see section 114. “dry place”, for part 6, see section 95. “entity”, for part 6, see section 95. “Islander” means a descendant of an indigenous inhabitant of the Torres Strait Islands. “liquor provisions” means— (a) section 103; and s 4 13 s 4 Community Services (Aborigines) Act 1984 (b) the Liquor Act 1992, sections 168B, 169 and 171.3 “member”, for parts 5 and 6, means a member of a community justice group. “model by-law”, for part 7, see section 115(1). “non-Aboriginal land” means land that is not Aboriginal land. “notional GST” means amounts an Aboriginal council may pay under the GST and Related Matters Act 2000, section 5.4 “police officer in charge”, for a council area, means the police officer in charge of the police station in the area or, if there is no police station in the area, the police officer in charge of the nearest police station. “possess”, for part 6, see section 95. “private place”, for part 6, see section 95. “proposed authorising law”, for part 7, see section 134(1). “proposed by-law”, for part 7, see section 118(1) or (2). “public place”, for part 6, see section 95. “required number”, for part 7, see section 114. “State interest”, for a by-law or subordinate by-law, a provision of a by-law or subordinate by-law, or a provision of a proposed by-law or subordinate by-law, means— (a) an interest that affects an economic, social or environmental interest of the State or a region; or (b) an interest in ensuring there is an efficient, effective and accountable system of local government in the council area to which the law relates; or (c) an interest prescribed under a regulation. “subordinate by-law”, for part 7, see section 116. 3 Section 103 (Possession or consumption of alcohol in or on dry place) and the Liquor Act 1992, sections 168B (Prohibition of possession of liquor in restricted area), 169 (Authority required for sale) and 171 (Carrying or exposing liquor for sale) 4 GST and Related Matters Act 2000, section 5 (Voluntary GST equivalent payments) s 5 14 s 7 Community Services (Aborigines) Act 1984 5 Meaning of “conclusion” of election for Aboriginal council The “conclusion” of the election of a councillor is— (a) if the councillor is elected at an election of all councillors of the Aboriginal council—the day on which the last declaration of a poll conducted in the election is displayed as required under a regulation; or (b) if the councillor is elected at a by-election and— (i) a poll is conducted—the day on which the declaration of the poll is displayed as required under a regulation; or (ii) a poll is not conducted—the day after the nomination day for the by-election; or (c) if, because the number of candidates nominated for election is the same or less than the number of councillors to be elected, the councillor is elected (other than at a by-election) and— (i) 1 or more polls are conducted in the council’s area—the day on which the last declaration of a poll is displayed as required under a regulation; or (ii) a poll is not conducted—6 p.m. on the day that a poll would otherwise have been required under a regulation to be conducted. PART 2—ADMINISTRATION 6 Responsible officer The chief executive is the officer charged with the responsibility for the administration of this Act, subject to the Minister. 7 Corporation (1) The corporation sole preserved, continued in existence and constituted under the Community Services (Aborigines) Act 1984 under the name and style ‘The Corporation of the Under Secretary for Community Services’ is hereby further preserved, continued in existence and s 8 15 s 9 Community Services (Aborigines) Act 1984 constituted under the name and style ‘Aboriginal and Islander Affairs Corporation’. (2) The corporation is constituted by the person who at the material time holds the appointment, chief executive, and under the name and style assigned to it by subsection (1)— (a) has perpetual succession and an official seal; (b) is capable in law of suing and being sued, of compounding or proving in a court of competent jurisdiction all debts and sums of money due to it; (c) is capable in law of acquiring and holding (absolutely or subject to trusts), letting, leasing, hiring, disposing of and otherwise dealing with property real and personal situated within or outside the State and of doing and suffering all such acts and things as bodies corporate may in law do and suffer. (3) All courts, judges, justices and persons acting judicially shall take judicial notice of the seal of the corporation affixed to any writing and, until the contrary is proved, shall presume that it was duly affixed thereto. (4) With respect to the exercise of any of its powers and with respect to any matter arising in connection therewith the corporation has all the privileges, rights and remedies of the Crown. 8 Corporation of chief executive is statutory body (1) Under the Statutory Bodies Financial Arrangements Act 1982, the corporation is a statutory body. (2) The Statutory Bodies Financial Arrangements Act 1982, part 2B sets out the way in which the corporation’s powers under this Act are affected by the Statutory Bodies Financial Arrangements Act 1982. 9 Consequences of constitution of corporation (1) A reference in any— (a) Act; or (b) proclamation, order in council, regulation, by-law or other instrument made under any Act; or (c) agreement, contract, deed or other document, instrument or writing of any kind; s 10 16 s 11 Community Services (Aborigines) Act 1984 to the Corporation of the Director of Aboriginal and Islanders Advancement constituted under the Aborigines Act 1971 or the Corporation of the Under Secretary for Community Services constituted under the Community Services (Aborigines) Act 1984 shall be read and construed as a reference to the corporation. (2) Any proceeding which prior to the commencement of this section was commenced by or against the Corporation of the Director of Aboriginal and Islanders Advancement or the Corporation of the Under Secretary for Community Services and which is not concluded at such commencement may be continued by or against the corporation. (3) The registrar of titles and any other person charged with the keeping of a register of dealings concerning land vested in or held by the Corporation of the Director of Aboriginal and Islanders Advancement or the Corporation of the Under Secretary for Community Services shall without further authority than this section alter the name as shown in such register of the registered proprietor, registered lessee, owner or occupier of land referred to in such register to ‘Aboriginal and Islander Affairs Corporation’. 10 Agents of department (1) The chief executive may make arrangement with any person holding an appointment under any Act, any officer of the public service, any person concerned in the local government of any area or any other person with a view to the person who from time to time holds an appointment specified in the arrangements at a place in Queensland specified in the arrangements to be an agent of the department within an area described in the arrangements. (2) An arrangement made under subsection (1) may include a provision for the payment to the agent or to the person with whom the arrangement is made of an amount by way of remuneration for the agent’s services. (3) An agent of the department shall discharge such functions and duties and may exercise such powers as are imposed or conferred on the agent by this Act or as the chief executive from time to time requests of the agent. 11 Power of delegation (1) The Minister or chief executive may, either generally or otherwise as provided by the instrument of delegation, by writing delegate to any person all or any of his or her powers, functions and duties except this power of s 12 17 s 12 Community Services (Aborigines) Act 1984 delegation or a function imposed on the Minister or chief executive pursuant to section 13(1). (2) A power, function or duty so delegated, if exercised or performed by the delegate, shall be exercised or performed by the delegate in accordance with the instrument of delegation. (3) A delegation may be made subject to such terms and limitations as the Minister or chief executive thinks fit including a requirement that the delegate shall report to the Minister or, as the case may be, chief executive upon the delegate’s exercise or performance of the delegated power, function or duty. (4) The Minister or chief executive may make such and so many delegations of the same power, function or duty and to such number of persons as the Minister or chief executive considers necessary or desirable. (5) A delegation is revocable at the will of the Minister or, as the case may be, chief executive and does not prevent the exercise of a power or the performance of a function or duty by the Minister or chief executive. 12 Appointment of magistrates to trust areas (1) The Governor in Council may appoint a stipendiary magistrate to be responsible for 1 or more council areas and that appointment does not limit the magistrate in exercising his or her functions under any other Act. (2) Subject to subsection (3), the magistrate appointed to a council area is to visit the area at least once every 3 months and inspect the records of the Aboriginal Court in the area. (3) If a magistrate appointed to a council area believes that it is not necessary for him or her to personally visit the area, the magistrate is to— (a) arrange for a clerk of the court of a Magistrates Court to visit the area at the times the magistrate would otherwise be required to attend; and (b) arrange for a copy of the records of the Aboriginal Court to be forwarded to the magistrate for examination. (4) The magistrate and a clerk of the court of a Magistrates Court at his or her discretion may communicate with any members of the Aboriginal Court and advise them of his or her opinions as to the harshness or leniency of sentencing by the Aboriginal Court or on any other matter the magistrate or clerk considers appropriate. s 13 18 s 14 Community Services (Aborigines) Act 1984 (5) Members of the Aboriginal Court are not bound to follow any such advice or opinion offered by a magistrate or clerk of the court. (6) A clerk of the court of an Aboriginal Court who is requested under this section by a magistrate or clerk of the court of the Magistrates Court to provide a copy of the Aboriginal Court records is to take all reasonable steps to comply with that request. 13 Official inquiries (1) The Governor in Council may authorise any person to make and hold such inspections, investigations and inquiries for the purposes of this Act as the Governor in Council considers desirable and for the purposes of such an inspection, investigation or inquiry the person so authorised may exercise and shall have the powers, authorities, protection and jurisdiction of a commission under the Commissions of Inquiry Act 1950 and of a chairperson of such a commission, except such as are by those Acts confined to a chairperson who is a judge of the Supreme Court unless the person is such a judge. (2) A person who makes or holds an inspection, investigation or inquiry pursuant to subsection (1) shall, as soon as is practicable after its completion, furnish a full report thereon to the Minister, who shall submit the report to the Governor in Council. 14 Annual report on administration (1) As soon as is practicable after 30 June in each year the chief executive shall furnish to the Minister a report on the administration of this Act during the preceding 12 months. (2) The Minister shall table each such report received by the Minister in the Legislative Assembly within 14 sitting days after the Minister has received it. s 15 19 s 15 Community Services (Aborigines) Act 1984 PART 3—INTERVENTION BY THE STATE Division 1—Powers of intervention 15 Procedures before exercise of certain powers (1) Before the Governor in Council or Minister exercises a power under this division in relation to an Aboriginal council, the Minister must give written notice of the proposed exercise of the power to the council. (2) However, notice need not be given if— (a) the power is proposed to be exercised at the Aboriginal council’s request; or (b) the Minister considers giving notice— (i) is likely to defeat the purpose of the proposed exercise of the power; or (ii) would serve no useful purpose. (3) The notice must state— (a) the reasons for the proposed exercise of power; and (b) a period within which the Aboriginal council may make submissions to the Minister about the proposed exercise of power. (4) Reasons stated in the notice are the only reasons that can be relied on in support of the exercise of the power. (5) The Minister must have regard to all submissions made by the Aboriginal council within the stated period. (6) The power may be exercised without further notice to the Aboriginal council if— (a) the proposed exercise of power is to proceed despite the council’s submissions; or (b) no submissions of the council are received by the Minister within the stated period. s 16 20 s 18 Community Services (Aborigines) Act 1984 16 Revocation and suspension of resolutions and orders (1) The Governor in Council may, by regulation— (a) revoke, or suspend the operation of, a resolution of an Aboriginal council or an order issued by an Aboriginal council to give effect to a resolution; and (b) end the suspension of the resolution or order. (2) However, the Governor in Council may make a regulation revoking, or suspending the operation of, a resolution or order of an Aboriginal council only if the Minister is satisfied, on reasonable grounds, that— (a) the resolution or order is unlawful; or (b) the resolution or order was made for an improper purpose. (3) The suspension may be for a stated period or indefinite. 17 Effect of revocation or suspension (1) A resolution or order of an Aboriginal council that is revoked by regulation— (a) ceases to have effect on the day stated by the regulation; or (b) if no day is stated—is taken never to have had effect. (2) A resolution or order of an Aboriginal council whose operation is suspended by a regulation does not have effect while it is suspended. (3) The State is not legally liable for any loss or expense incurred by a person because of the revocation or suspension by regulation of an Aboriginal council’s resolution or order. 18 Overruling by-laws (1) The Governor in Council may, by regulation, declare that a by-law, or a provision of a by-law, ceases to have effect, if the Governor in Council considers that it is necessary to make the declaration to protect State interests. (2) The Governor in Council may, by regulation, later declare that the by-law or provision again has effect, if the Governor in Council considers that it is no longer necessary for the declaration under subsection (1) to continue to have effect to protect State interests. s 19 21 s 20 Community Services (Aborigines) Act 1984 19 Appointment of financial controller The Governor in Council may, by regulation, appoint a financial controller for an Aboriginal council if the Minister is satisfied that the council— (a) has made a disbursement from a fund that is not provided for in the council’s budget; or (b) has made a disbursement from grant moneys for a purpose other than the purpose for which the grant was given; or (c) has contravened a provision of part 4, division 25 relating to its budget or another financial matter; or (d) has failed to implement adequate financial management strategies for the funds under its control; or (e) has acted, or is about to act, in a way that— (i) caused, or may cause, a significant deterioration in its financial viability; or (ii) will or may cause it to become insolvent. 20 Dissolution of Aboriginal council (1) The Governor in Council may, by regulation, dissolve an Aboriginal council if the Minister is satisfied that the council— (a) has acted unlawfully or corruptly; or (b) has acted in a way that puts at risk its capacity to exercise properly its jurisdiction of local government; or (c) is incompetent or can not properly exercise its jurisdiction of local government. (2) Subsection (1) is subject to the Constitution of Queensland 2001, chapter 7, part 2.6 (3) On dissolution of the Aboriginal council— (a) its councillors go out of office; and 5 Part 4 (Local government of areas), division 2 (Financial operations of Aboriginal councils) 6 Constitution of Queensland 2001, chapter 7 (Local government), part 2 (Procedure limiting dissolution of local government and interim arrangement) s 21 22 s 23 Community Services (Aborigines) Act 1984 (b) an administrator must be appointed; and (c) the council continues in existence as a body corporate and is constituted by the administrator.7 21 Abolition of joint Aboriginal council and its area (1) The Governor in Council may, by regulation, abolish a joint Aboriginal council and its area. (2) A regulation may provide for— (a) the apportionment of the joint Aboriginal council’s assets and liabilities among its component councils; and (b) any other matter for which it is necessary or convenient to make provision on the dissolution of the joint Aboriginal council.8 Division 2—Administrators 22 When administrator may be appointed If an Aboriginal council is dissolved under section 20,9 the Governor in Council must, by gazette notice, appoint a person as administrator of the council. 23 Jurisdiction, powers and duties of administrator (1) The administrator of an Aboriginal council has all the jurisdiction, powers and duties of the council concerned. (2) However— (a) a regulation may limit the jurisdiction, powers and duties of the administrator; and 7 For timing of fresh election see section 31(2). 8 The Local Government Act 1993, section 13 provides for the application of certain provisions of the Local Government Act to Aboriginal councils. In particular, section 13(2) provides that the provisions of chapter 2, part 2 about joint local governments apply to Aboriginal councils. 9 Section 20 (Dissolution of Aboriginal council) s 24 23 s 26 Community Services (Aborigines) Act 1984 (b) the administrator does not have a duty of an Aboriginal council appropriate only to a body of persons. (3) If the chairperson of an Aboriginal council is required or permitted by law to exercise a power, the administrator is required or permitted to exercise the power instead of the chairperson. (4) This Act and other Acts apply to the administrator, with all necessary changes, as if the administrator were the Aboriginal council. 24 Title of administrator For the purpose of exercising its jurisdiction of local government, the title of an administrator is ‘Administrator of the (name of the Aboriginal council)’. 25 Committee to help administrator (1) When an administrator is appointed, the Minister may appoint a committee of persons to help the administrator in exercising the jurisdiction of local government of the Aboriginal council concerned. (2) A person may be appointed as a member of a committee for a limited time or indefinitely. (3) The administrator is chairperson of the committee and must preside at every meeting of the committee at which the administrator is present. (4) If, because of absence or incapacity, the administrator can not perform the functions of chairperson of the committee, the other members of the committee must appoint a member to act as chairperson at meetings of the committee until the administrator is able to perform the functions. 26 Conditions of appointment as administrator or member of committee (1) An administrator or a member of a committee is entitled to the fees, allowances and expenses decided by the Governor in Council. (2) The fees, allowances and expenses are payable by the Aboriginal council concerned. (3) A public service officer who is appointed as an administrator or as a member of a committee may hold the appointment as well as the public service office. s 27 24 s 30 Community Services (Aborigines) Act 1984 27 Recovery of amounts from Aboriginal councils (1) The Governor in Council may direct an Aboriginal council for which an administrator is appointed to pay to the Minister an amount stated in the direction as the costs and expenses of the administrator. (2) The stated amount may include salary and allowances payable to a public service officer who is appointed as administrator or a member of a committee. (3) The direction may state a time for payment. (4) The stated amount is a debt payable to the State. 28 Role of committee (1) An administrator appointed for an Aboriginal council must ensure that every decision of the committee about the exercise of the jurisdiction of local government for the council’s area is implemented as soon as is practicable after the committee’s decision is taken. (2) However, if the administrator considers that implementing a decision of the committee would not be in the best interests of the area, the administrator must refer the issue to the Minister for decision. (3) The referral must be made within 14 days after the administrator becomes aware of the committee’s decision. 29 Decision by Minister on referral by administrator (1) If an issue is referred to the Minister by an administrator under section 28(2), the Minister may cause the chief executive of the department to make the inquiries, investigations and inspections that the Minister considers appropriate. (2) The Minister’s decision on the issue is taken to be the decision of the committee and is final and binding on the administrator and the committee. (3) The administrator must ensure the Minister’s decision is implemented as quickly as practicable. 30 Procedures of committee (1) A relevant provision applies to a committee appointed to help an administrator as if— s 31 25 s 32 Community Services (Aborigines) Act 1984 (a) the committee were an Aboriginal council; and (b) the administrator, or person acting as chairperson of the committee, were the chairperson of the council. (2) In this section— “relevant provision” means a provision of this Act, or a provision of a regulation made under this Act, that deals with any of the following matters for an Aboriginal council— (a) the times of its meetings; (b) the quorum at its meetings; (c) notice of its meetings; (d) adjournment of its meetings; (e) entitlements of members to vote at its meetings; (f) disability of a member to vote because of a pecuniary interest in a matter; (g) registers of pecuniary interests disclosures; (h) minutes of its proceedings; (i) revocation or amendment of its resolutions; (j) a matter prescribed under a regulation. 31 Termination of administrator’s appointment (1) The appointment of an administrator— (a) may be terminated by the Governor in Council for any reason; or (b) ceases on the conclusion of a fresh election of the councillors of the Aboriginal council concerned. (2) It is the intention of the Parliament that a fresh election of the councillors of the Aboriginal council should be held as soon as possible after the appointment of an administrator for the council. 32 Termination of appointment of committee member etc. (1) The appointment of all members or any member of a committee to help an administrator may be terminated by the Minister, for any reason, by written notice signed by the Minister and given to the members or member. s 33 26 s 34 Community Services (Aborigines) Act 1984 (2) A committee appointed to help an administrator ceases to exist on the conclusion of a fresh election of councillors of the Aboriginal council concerned. Division 3—Financial controller 33 Functions of financial controller (1) A financial controller appointed for an Aboriginal council is responsible for ensuring the council adheres to its budget. (2) Also, the financial controller— (a) may give advice about financial management to the Aboriginal council; and (b) may undertake other administrative duties requested by the council; and (c) must undertake other administrative duties directed by the Minister. 34 Power of financial controller to revoke and suspend resolutions and orders (1) A financial controller for an Aboriginal council may, by written notice to the council’s clerk— (a) revoke, or suspend the operation of, a resolution of the council or an order issued by a council to give effect to a resolution; and (b) end the suspension of the resolution or order. (2) However, the financial controller may revoke or suspend a resolution or order under subsection (1) only if the financial controller reasonably believes— (a) the resolution or order will result in unlawful expenditure by the Aboriginal council; or (b) the resolution or order will result in expenditure from grant moneys for a purpose other than the purpose for which the grant was given; or (c) the resolution or order will cause the council to become insolvent. s 35 27 s 38 Community Services (Aborigines) Act 1984 (3) The notice must state the reasons for the revocation or suspension. (4) The suspension may be for a stated period or indefinite. 35 Effect of revocation or suspension (1) A resolution or order of an Aboriginal council that is revoked under section 34— (a) ceases to have effect on the day stated in the notice to the council’s clerk; or (b) if no day is stated—is taken never to have had effect. (2) A resolution or order of an Aboriginal council whose operation is suspended under section 34 does not have effect while it is suspended. (3) Neither the State nor the financial controller is legally liable for any loss or expense incurred by a person because of the revocation or suspension of an Aboriginal council’s resolution or order under section 34. 36 Financial controller’s employment conditions A financial controller for an Aboriginal council is to be employed under the Public Service Act 1996. 37 Recovery of amounts from Aboriginal councils (1) The Governor in Council may direct an Aboriginal council for which a financial controller is appointed to pay to the Minister an amount stated in the direction as the costs and expenses of the financial controller. (2) The stated amount may include salary and allowances payable to the financial controller as a public service officer. (3) The direction may state a time for payment. (4) The stated amount is a debt payable to the State. 38 Termination of financial controller’s appointment The appointment of a financial controller may be terminated by the Governor in Council for any reason. s 39 28 s 41 Community Services (Aborigines) Act 1984 PART 4—LOCAL GOVERNMENT OF AREAS Division 1—Aboriginal councils 39 Declaration of council areas (1) A regulation may declare a part of the State to be a council area. (2) However, a regulation may not— (a) declare more than 1 council area for a part of the State; or (b) declare a council area for a part of the State that is, or is included in— (i) a council area under the Community Services (Torres Strait) Act 1984; or (ii) a local government area under the Local Government Act 1993; or (iii) the area of the City of Brisbane under the City of Brisbane Act 1924. 40 Aboriginal council required for each council area There must be an Aboriginal council for each council area. 41 Implementation of council area (1) A regulation may provide for the implementation of a council area. (2) Without limiting subsection (1), the regulation may provide for— (a) holding an election for the Aboriginal council for the council area, including, for example, the date of the election and payment of the cost of the returning officer and election; and (b) the appointment of an interim council clerk for the Aboriginal council; and (c) notice of the day the council area starts; and (d) payment of the expenses incurred by the appointment, or administrative activities, of the interim council clerk; and s 42 29 s 43 Community Services (Aborigines) Act 1984 (e) the adoption of a budget for the Aboriginal council for the period from changeover day until the following 30 June; and (f) any other matter for which it is necessary or convenient to provide for the implementation of the council area. (3) If the election for the Aboriginal council concludes less than 18 months before the next triennial elections for Aboriginal councils are held the next triennial election is not required to be held for the area. 42 Incorporation of Aboriginal councils (1) Every Aboriginal council existing at the commencement of this Act is preserved, continued in being and constituted as a body corporate and shall continue as such until it is dissolved as prescribed. (2) Every Aboriginal council established after the commencement of this Act shall upon its establishment be a body corporate and shall continue as such until it is dissolved as prescribed. (3) A body corporate referred to in subsection (1) or (2) shall have perpetual succession and an official seal which shall be judicially noticed and shall, under its name, being (name of the council area) Aboriginal council, be capable in law of suing and being sued, of acquiring, holding (absolutely or subject to trusts), letting, leasing, hiring, disposing of and otherwise dealing with property real and personal and of doing and suffering all such acts and things as bodies corporate may in law do and suffer. (4) The persons who at the commencement of this Act comprise an Aboriginal council shall continue in office until their successors are appointed as prescribed. 43 Tenure of office of councillors Subject to this Act, every member of an Aboriginal council shall hold office for 4 years commencing on the day of the member’s election as a member and terminating at the conclusion of the next quadrennial election of members of the council. s 44 30 s 46 Community Services (Aborigines) Act 1984 44 Times for election of councillors (1) In each council area a quadrennial election of members of the Aboriginal council established for the area and existing for the time being shall be held. (2) Every quadrennial election held pursuant to subsection (1) shall be held on the date on which are held the quadrennial elections for the purpose of reconstituting local governments pursuant to the Local Government Act 1993. (3) The first constitution of an Aboriginal council shall be by means of an election therefor held on a date appointed for the purpose by the Governor in Council or, if there be no such date appointed, on the date on which are held the quadrennial elections for the purpose of reconstituting local governments pursuant to the Local Government Act 1993. 45 Voters roll For the purpose of every quadrennial election for an Aboriginal council and, if necessary, for any other election for the council held pursuant to this Act there shall be compiled a voters roll, which shall be in accordance with the provisions relating to voters rolls of the Local Government Act 1993 or, if the regulations prescribe with respect to voters rolls, with the provisions of the regulations. 46 Relationship of council area to local government area (1) Notwithstanding any provision of the Local Government Act 1993— (a) land within a council area is not rateable land for the purposes of that Act; (b) a person whose name is properly on a voters roll for the purpose of an election of an Aboriginal council— (i) shall not be entitled to vote at an election of the local government of the area within the meaning of the Local Government Act 1993 of which the area of the Aboriginal council forms a part or at an election to fill any vacancy on that local government; (ii) is not qualified to be enrolled on the voters roll for the purpose of an election such as is referred to in subparagraph (i); s 47 31 s 47 Community Services (Aborigines) Act 1984 (c) the returning officer, for the purpose of an election such as is referred to in paragraph (b)(i), is authorised to make such eliminations from and corrections of any electoral roll in use for the purpose of the election as are necessary to give effect to paragraph (b). (2) Upon the assumption by an Aboriginal council of the discharge of the functions of local government of an area that forms part of an area within the meaning of the Local Government Act 1993— (a) the local government of that area shall cease to have delegated to it the functions of local government of the area affected by the assumption; and (b) the local laws of that local government shall cease to be of force and effect in the area affected by the assumption; for as long as the Aboriginal council continues to assume the discharge of the functions of local government of that area, without prejudice to the continued operation and effect of anything duly done pursuant to the local laws before they ceased to be of force and effect. 47 Functions of Aboriginal councils (1) An Aboriginal council has and may discharge the functions of local government of its council area and is hereby charged with the good rule and government thereof in accordance with the customs and practices of the Aborigines concerned and for that purpose may make by-laws and enforce the observance of all by-laws lawfully made by it. (2) By-laws made by an Aboriginal council may adopt wholly or partly local laws made by any local government within the meaning of the Local Government Act 1993 or by any other Aboriginal council or other authority or the provisions of any Act or regulations made under any Act. (3) Without limiting the functions and powers of an Aboriginal council, a council may make by-laws for promoting, maintaining, regulating and controlling— (a) the peace, order, discipline, comfort, health, moral safety, convenience, food supply, housing and welfare of its council area; (b) the planning, development and embellishment of its council area; (c) the business and working of the local government of its council area. s 47 32 s 47 Community Services (Aborigines) Act 1984 (4) Without limiting the functions and powers of an Aboriginal council, a council may make by-laws— (a) not inconsistent with part 6, for the purpose of regulating and controlling the possession or consumption of alcohol in its council area; or (b) conferring functions on the community justice group for its council area. (5) Matters with respect to which an Aboriginal council may exercise its powers and discharge its functions include— (a) the provision, construction, maintenance, management, and control of roads, bridges, viaducts, culverts, baths and bathing places; (b) the undertaking and execution of work in connection therewith; (c) the regulation of the usage thereof; (d) health, sanitation, cleansing, scavenging and drainage, the removal, suppression and abatement of nuisances, public conveniences, water conservation, agricultural drainage, village planning, subdivision of land, the usage and occupation of land, building, the usage and occupation of buildings, protection from fire, boundaries and fences, disposal of the dead, the destruction of weeds and animals; (e) the lending of amounts to adult residents of its council area; (f) works, matters and things that, in its opinion, are necessary or conducive to the good rule and government of its council area or to the wellbeing of its inhabitants; (g) the doing of anything (other than the mere making available of information) that a local government within the meaning of the Local Government Act 1993 is required or authorised to do by any other Act, other than the Local Government Act 1993. (6) Where any other Act, other than the Local Government Act 1993, requires or authorises a local government within the meaning of the Local Government Act 1993 to do anything (other than the mere making available of information), then, for the purpose of applying that other Act in a council area, that other Act shall be so construed that— (a) the expression ‘local government’ therein shall be deemed to include the Aboriginal council established for the area; and s 48 33 s 48 Community Services (Aborigines) Act 1984 (b) the Aboriginal council established for the area shall be the local government for the area to the exclusion of any local government within the meaning of the Local Government Act 1993 for as long as the Aboriginal council continues to assume the discharge of functions of local government of the area. (7) For the purpose of exercising its powers and discharging its functions an Aboriginal council has, and it is hereby declared always has had, the powers to commence and carry on any business enterprise that, in the opinion of the council, can be profitably or effectually carried on. (8) The power conferred on an Aboriginal council to regulate or control includes power to license or permit or to refuse to license or permit and to prohibit by by-law made in that behalf. (9) Fees, charges, fares, rents, and dues may be imposed by by-law or resolution of an Aboriginal council. (10) A by-law of an Aboriginal council may impose a penalty in respect of any breach thereof or of another by-law but any such penalty— (a) shall not exceed an amount equal to 20 penalty units; or (b) if it is expressed as a daily penalty—shall not exceed an amount equal to 1 penalty unit per day. (11) For the purposes of exercising its powers and discharging its functions an Aboriginal council may engage such servants and agents as it thinks fit. 48 Power of council to lend an amount to an adult resident (1) An Aboriginal council may lend an amount to an adult resident of its council area only if— (a) it does so under a lending policy adopted by it by resolution (an “adopted lending policy”); and (b) the adopted lending policy has been approved by the Minister in writing given to the council. (2) The Minister must approve an adopted lending policy submitted to the Minister for approval unless the Minister is satisfied on reasonable grounds the policy does not comply with the Aboriginal Council Accounting Standards. (3) The Minister must decide whether or not to approve an adopted lending policy submitted to the Minister for approval as soon as practicable s 49 34 s 50 Community Services (Aborigines) Act 1984 after receiving the policy and must advise the Aboriginal council, that submitted the policy, in writing of the decision. (4) If the Minister decides not to approve the adopted lending policy, the Minister’s advice must state how the policy does not comply with the Aboriginal Council Accounting Standards. 49 Disclosure of interests at meetings (1) A member of an Aboriginal council who has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the council must, as soon as possible after the relevant facts have come to the member of the council’s knowledge, disclose the nature of the interest at a meeting of the council. (2) A disclosure under subsection (1) is to be recorded in the minutes of the meeting of the council and the member of the council should not— (a) be present during any deliberation of the council with respect to that matter; or (b) take part in any decision of the council with respect to that matter. Division 2—Financial operations of Aboriginal councils 50 Issue of standards (1) The Minister may make accounting standards (“Aboriginal Council Accounting Standards”) about— (a) the policies and principles to be complied with by Aboriginal councils in financial management, including, for example, internal audit; and (b) the content of financial statements by Aboriginal councils; and (c) the policies to be complied with by Aboriginal councils in relation to the lending of amounts to adult residents of council areas; and (d) Aboriginal councils giving the Minister information on an annual basis about notional GST that may be paid by them; and s 51 35 s 53 Community Services (Aborigines) Act 1984 (e) any other matter that is required or permitted to be prescribed by standard. (2) Before making a standard, the Minister must— (a) consult with the auditor-general about the standard; and (b) have regard to relevant standards made by appropriate professional bodies. (3) The standards may include practice statements if the Minister considers a uniform standard of practice or procedure is necessary or desirable. (4) A standard about the content of a policy mentioned in subsection (1)(c) may include— (a) a model lending policy; or (b) model provisions of a lending policy. (5) A standard made under subsection (1) is subordinate legislation. 51 Standards must be complied with An Aboriginal council must comply with the Aboriginal Council Accounting Standards. 52 Area rate and other charges (1) An Aboriginal council may make and levy a rate upon such basis as is prescribed by by-law of the council. (2) An Aboriginal council may, by resolution, make and levy a charge on residents of residential premises in its council area. (3) However, the council may exempt a resident from payment of the charge. (4) Without limiting subsection (3), the council may give an exemption if another fee, charge, rent or due is payable in relation to the premises. 53 Annual budget to be prepared On or before the first ordinary meeting in the month of August in each year every Aboriginal council is to cause to be framed the budget for the current year commencing on 1 July in the form and manner prescribed. s 54 36 s 56 Community Services (Aborigines) Act 1984 54 Adoption of budget (1) Every budget is to be adopted by the Aboriginal council concerned on or before 31 August in the year for which the budget is framed, and the rates or charges or both to be made and levied by the Aboriginal council concerned for such year is to be founded thereon. (2) Every budget adopted by an Aboriginal council is to be open to inspection by persons resident in its council area. 55 Framing of budget (1) In framing its budget, the Aboriginal council is to estimate for the current year— (a) the amounts to be disbursed upon the several works, matters and things to which the general fund is applied; and (b) the amounts expected to be received from the general rate and all other moneys to be paid into the general fund. (2) The estimates of receipts are to be set out as nearly as may be separately in accordance with the several sources of receipts and disbursements and as nearly as may be in accordance with each particular function, and where receipts and disbursements are for corresponding functions, such receipts and disbursements are to be set out opposite each other in the budget. (3) The Aboriginal council is, subject to this Act, to observe the budget by taking all reasonable steps to expend moneys in accordance with the budget and to ensure a balanced budget. (4) If, at the end of a year, there is a surplus or deficit in the general fund, the surplus or deficit must be carried forward and taken into account by the Aboriginal council— (a) in framing the budget for the next year; and (b) in making and levying rates and charges for the next year. 56 Amendment of budget An Aboriginal council may amend its budget for a financial year at any time before the year ends. s 57 37 s 60 Community Services (Aborigines) Act 1984 57 Unexpended votes to lapse (1) At the close of each year terminating on 30 June all authorisations of expenditure and votes of money therefor shall lapse. (2) Any vote so lapsing may be revoted. (3) Any ordinary disbursement of an Aboriginal council in the months of July and August in any year is authorised and is to be included in the budget for that year. 58 Provisions in respect of loan repayments In framing its budget, an Aboriginal council is to make provision for interest and redemption of any loan liability incurred by that Aboriginal council. 59 Illegal expenditure If an Aboriginal council makes any disbursement in any year that has not been provided for in the budget for such year, except in emergent or extraordinary circumstances, all the members of the Aboriginal council who have knowingly voted for such expenditure shall be jointly and severally liable to repay to the Aboriginal council the amount involved in such illegal disbursement, and any such amount may be recovered from such members or any of them by action in any court of competent jurisdiction at the suit of any elector of the council area or any creditor of the Aboriginal council who, on recovery of the same, must pay the amount into the general fund of the Aboriginal council, but shall be personally entitled to full costs of suit, including costs as between solicitor and client. 60 Accounts (1) An Aboriginal council shall keep proper accounts to record the receipts and disbursements into and from each fund of the council, including such accounts as may be directed by the Minister. (2) The chief executive or a person authorised by the chief executive is entitled to enter into and be in the council area and premises of an Aboriginal council, to inspect the records of accounts kept by that council and to make copies of or extracts from such records. (3) Upon the request of the chief executive or such authorised person, a person having custody of the records of accounts on behalf of an s 61 38 s 63 Community Services (Aborigines) Act 1984 Aboriginal council shall produce the records in accordance with the request. 61 Special accounting provision for particular payments (1) An Aboriginal council must keep separate accounting records for payments made to it under the Indigenous Communities Liquor Licences Act 2002, section 9. (2) The council must ensure the amounts paid to it are used only for— (a) funding programs or services for the benefit of residents of its council area; or (b) if an implementation regulation under the Indigenous Communities Liquor Licences Act 2002, section 34, states this paragraph applies—for making a payment relating to the council’s liabilities stated in the regulation. 62 Preparation of financial statements Every Aboriginal council must, as soon as practicable after 30 June but before 31 August in each year, prepare in respect of the year ended on 30 June annual financial statements in a form as prescribed and submit such statements to the auditor appointed for that council pursuant to this Act. 63 Certification of annual financial statements The chairperson and the clerk of the Aboriginal council concerned must certify— (a) that the annual financial statements with other information and notes to and forming part thereof are in agreement with the accounts and records of the council; (b) whether in their opinion— (i) the prescribed requirements in respect of the establishment and keeping of accounts have been complied with in all material respects; and (ii) the statements have been drawn so as to present a true and fair view, on a basis consistent with that applied in the year s 64 39 s 65 Community Services (Aborigines) Act 1984 last preceding, of the transactions of the council for the year and the financial position as at the close of that year. 64 Auditor-general to audit accounts of council (1) The accounts of every Aboriginal council are to be audited by the auditor-general who shall have, with respect to such audit and accounts, all the powers and authorities conferred on him or her by the Financial Administration and Audit Act 1977. (2) The auditor-general may appoint a person who in the opinion of the auditor-general is appropriately qualified to perform the audit of any Aboriginal council that is required under this Act. (3) The auditor or auditors for an Aboriginal council are to be paid out of the general fund of the council such remuneration as the auditor-general may fix. (4) When an officer of the audit office is appointed to be the auditor for an Aboriginal council the amount fixed as his or her remuneration shall be paid by the Aboriginal council to the auditor-general. 65 Auditor-general to certify annual financial statements (1) The auditor-general is to certify on and in respect of the annual financial statements and may certify in respect of other statements of account prepared on behalf of every Aboriginal council whether or not— (a) he or she has received all the information and explanation required by him or her; and (b) such statements are in the form required by the prescribed requirements and are in agreement with the accounts; and (c) in his or her opinion— (i) the requirements of this Act have been complied with in all material respects in respect of the establishment and keeping of accounts; and (ii) the statements have been drawn up so as to present a true and fair view, on a basis consistent with that applied in the year last preceding, of the transactions of the council for the year then ended and of the financial position as at the close of that year. s 66 40 s 67 Community Services (Aborigines) Act 1984 (2) The auditor-general is to transmit the certified annual financial statements and other certified financial statements to the Aboriginal council concerned. 66 Presentation of annual financial statements (1) The annual financial statements of an Aboriginal council in respect of a particular year, as soon as practicable after certification by the auditor-general, must be— (a) reproduced in the same form and content as the documents certified and must include the management and audit certificates, names of signatories and dates that certificates were signed; and (b) tabled at the next ordinary meeting of the Aboriginal council and be made available for and remain open to inspection by persons resident in the council's area during such reasonable times and at such place as are determined by the council. (2) No annual financial statement or copy of it is to be made available to any person other than the auditor-general or person acting on his or her behalf or a councillor or officer of the council until such statement has been audited and certified. 67 Access to accounts (1) Without prejudice to the powers conferred by any other provision of this Act or by any other Act or law, the auditor-general or an auditor appointed by him or her shall, at all reasonable times, have full and free access to all accounts required by this Act to be audited by the auditor-general and to all moneys and property relating to such accounts that are in the possession of any person and may make copies of or extracts from those accounts. (2) A person who has in his or her possession any accounts, moneys or property referred to in subsection (1) must, at all reasonable times, upon request by the auditor-general or an auditor appointed by him or her, produce to the auditor-general or the auditor such accounts, moneys or property as are specified in the request. s 68 41 s 70 Community Services (Aborigines) Act 1984 68 Power to require furnishing of information and the like (1) The auditor-general or an auditor appointed by him or her may require any person having responsibility with respect to accounts that are subject to audit by the auditor-general to furnish to him or her such information, advice or explanation as he or she thinks necessary with respect to the audit and a person so required must furnish the information, advice or explanation required to be furnished. (2) The auditor-general may at any time cause a search to be made of and extracts taken from any account, book, document or record in the custody of an Aboriginal council without payment of any fee. 69 General reporting provisions (1) The auditor-general may prepare a report on any audit performed under this Act by him or her or by an auditor appointed by him or her in accordance with this Act. (2) A person appointed by the auditor-general under section 64(2) is to prepare a report on every audit performed by him or her under this Act and forward it to the auditor-general. (3) Where the auditor-general is of the opinion that any observations or suggestions made in a report under this section require attention or further consideration he or she is to forward the observations and suggestions and his or her comments to the chairperson of the Aboriginal council who must table them at the next ordinary meeting of the council. (4) Where the auditor-general is of the opinion that the observations and suggestions made under subsection (3) are of major significance the auditor-general is to forward the report and his or her comments to the Minister. 70 Financial statements (1) The clerk of an Aboriginal council must cause to be prepared and furnish to the chairperson of the Aboriginal council at the beginning of each month a statement of receipts and disbursements with respect to each fund of the council during the month. (2) The clerk of an Aboriginal council shall certify whether the statements furnished by the clerk under subsection (1) are in agreement with the accounts of the council. s 71 42 s 73 Community Services (Aborigines) Act 1984 71 Aboriginal councils are statutory bodies (1) Under the Statutory Bodies Financial Arrangements Act 1982, an Aboriginal council is a statutory body. (2) The Statutory Bodies Financial Arrangements Act 1982, part 2B sets out the way in which the powers under this Act of an Aboriginal council are affected by the Statutory Bodies Financial Arrangements Act 1982. (3) The Local Government Act 1993, section 526 applies to an Aboriginal council as if it were a local government and its members were councillors of the local government. 72 Chief executive may require information from Aboriginal council (1) The chief executive may, by written notice given to an Aboriginal council, require the council to give the chief executive within the reasonable time stated in the notice written information about notional GST that may be paid by it. (2) The council must comply with the notice. Division 3—Law and order in areas 73 Jurisdiction and powers of police (1) Police officers have and may exercise in a council area and in respect of persons therein the functions, duties and powers imposed or conferred on them by law that they have and may exercise in any other part of Queensland. (2) In respect of the discharge or exercise in a council area of any function, duty or power a police officer has the protection accorded by law to a police officer in the discharge or exercise of that function, duty or power elsewhere in Queensland. (3) Police officers are authorised to perform such acts and do such things in a council area as may be authorised or required to be done by Aboriginal police officers under the by-laws of the Aboriginal council established for that area as if such by-laws were part of the law of Queensland. (4) In respect in the performance in a council area of any act or thing referred to in subsection (3) a police officer has the protection accorded by s 74 43 s 76 Community Services (Aborigines) Act 1984 law to a police officer in the discharge or exercise by the officer of the officer’s functions, duties and powers elsewhere in Queensland. 74 Entry upon council areas etc. A police officer is entitled to enter on and to be in a council area— (a) for the purpose of discharging or exercising a function, duty or power imposed or conferred on the officer by law; or (b) for the purpose of performing any act or thing that the officer is by this Act authorised to perform pursuant to an authority or requirement of a by-law of an Aboriginal council; and, in the case referred to in paragraph (b), the officer shall be deemed to be acting in the discharge of the officer’s duty as a police officer. 75 Application to council areas of laws relating to public places (1) For the purpose only of applying the provisions of laws in force in respect of any public place in Queensland to council areas— (a) the right of access to or use of any place in a council area by the general body of persons resident in the area is to be taken to have effect in law as if it were a right of access or use by the public; and (b) where any place would, but for its being in a council area, be taken in law to be a public place, road, park or place of any other description it is to be taken so to be notwithstanding that it is in the area in question. (2) This section is not to be construed as conferring on any person a right of entry to council areas. 76 Aboriginal police (1) The function of maintaining peace and good order in all parts of a council area is that of persons who hold appointments for the time being as Aboriginal police officers for the area. (2) An Aboriginal council, with the Minister’s approval, may appoint such number of persons as it considers necessary for the peace and good order of its area and the council shall equip the persons appointed with a s 77 44 s 78 Community Services (Aborigines) Act 1984 uniform and such other marks of authority as it thinks fit to enable them to discharge their function. 77 Discharge of Aboriginal police officers’ functions etc. (1) Aboriginal police officers appointed for a council area shall have and may exercise within that area the functions, duties and powers conferred on them by by-law of the Aboriginal council established for the area. (2) Also, for the administration and enforcement of the liquor provisions in a council area, the police officer in charge for the area may authorise an Aboriginal police officer to exercise in the area the powers of— (a) an investigator under the Liquor Act, 1992, part 7;10 or (b) a police officer under the Police Powers and Responsibilities Act 2000, sections 51 to 53.11 (3) For subsection (2)(b), the Police Powers and Responsibilities Act 2000, sections 51 to 53, apply as if a reference in the sections to a police officer were a reference to an Aboriginal police officer. (4) If at any time a police officer is, in execution of the officer’s duty, stationed in or present in a council area for which Aboriginal police officers are appointed they shall discharge and exercise their functions, duties and powers subject to the direction and control of that police officer. (5) It is lawful for an Aboriginal police officer to use reasonable force in the discharge of the officer’s function of maintaining peace and good order in the area for which the officer is appointed. 78 Other functions of Aboriginal police officers An Aboriginal council may by its by-laws or otherwise as it thinks fit charge Aboriginal police officers appointed for its council area with responsibility for ambulance services, firefighting services, emergency services and such other services associated with the local government of the area as it thinks fit. 10 For exercise of powers by Aboriginal police officers under the Liquor Act 1992, part 7, see section 174A of that Act. 11 Police Powers and Responsibilities Act 2000, sections 51 (Stopping vehicles for prescribed purposes), 52 (Power to require vehicles to be moved) and 53 (Requirement to remain at a place) s 79 45 s 80 Community Services (Aborigines) Act 1984 79 Indemnification of Aboriginal police officer for liability for tort (1) If— (a) an Aboriginal police officer incurs legal liability for committing a tort while acting, or purporting to act, in the execution of duty as an officer; and (b) the officer acted honestly and without gross negligence; the State may indemnify the officer for the liability. (2) If— (a) an Aboriginal police officer incurs legal liability for helping, directly or indirectly, a person suffering, or apparently suffering, from illness or injury in circumstances that the officer reasonably considers to be an emergency; and (b) the officer acted honestly and without gross negligence; the State must indemnify the officer for the liability. Division 4—Determination of matters of complaint in areas 80 Aboriginal Courts (1) For any council area there may be constituted a court under the title, Aboriginal Court. (2) An Aboriginal Court shall be constituted— (a) by 2 justices of the peace each of whom is an Aborigine resident in its area and is a person not disentitled by subsection (3) to sit as a member of the court in the case in question; or (b) where paragraph (a) can not be readily complied with—by the members of the Aboriginal council established for its area who are persons not disentitled by subsection (3) to sit as a member of the court in the case in question or by a majority of such members. (3) A person is not entitled to sit as a member of an Aboriginal Court constituted to hear and determine a matter in which the person is a party. (4) In this section— “justice of the peace” means— s 81 46 s 81 Community Services (Aborigines) Act 1984 (a) a justice of the peace preserved in office by section 41(a) of the Justices of the Peace and Commissioners for Declarations Act 1991; or (b) a justice of the peace (magistrates court) holding office under the Justices of the Peace and Commissioners for Declarations Act 1991. (5) For the purposes of this division, the powers of a person who holds office as a justice of the peace (magistrates court) under the Justices of the Peace and Commissioners for Declarations Act 1991 are not affected by section 29(4) of that Act. 81 Jurisdiction of Aboriginal Courts (1) Subject to this Act, an Aboriginal Court has and may exercise the jurisdiction, powers and authorities conferred on it— (a) by this Act; or (b) by the by-laws of the Aboriginal council established for the council area for which the court is constituted. (2) An Aboriginal Court has jurisdiction to hear and determine— (a) matters of complaint that are breaches of the by-laws applicable within its area; (b) disputes concerning any matter that— (i) is a matter accepted by the community resident in its area as a matter rightly governed by the usages and customs of that community; and (ii) is not a breach of the by-laws applicable within its area or of a law of the Commonwealth or the State or a matter arising under a law of the Commonwealth or the State; (c) matters committed to its jurisdiction by the regulations; and shall exercise that jurisdiction referred to in paragraph (a) in accordance with the appropriate by-law having regard to the usages and customs of the community within its area and that jurisdiction referred to in paragraph (b) in accordance with the usages and customs of the community within its area. (3) The decision of an Aboriginal Court that any matter before it is a matter of a description referred to in subsection (2)(b)(i) shall be final and s 82 47 s 84 Community Services (Aborigines) Act 1984 conclusive and no proceeding shall be brought or heard to restrain the Aboriginal Court from disposing of a dispute concerning that matter by reason that such a decision is incorrect. 82 Limitation of jurisdiction On and after the date of commencement of section 16 of the Community Services (Aborigines) Act Amendment Act 199012 the jurisdiction of an Aboriginal Court extends to any persons, whether Aborigines or not, who are in or enter upon the council area for which the court is constituted. 83 Right of appeal against conviction Any person aggrieved by his or her conviction of an offence by an Aboriginal Court shall have the same right of appeal against or review of the conviction and order made thereon as if the person had been convicted and the order had been made by a Magistrates Court and the provisions of the Justices Act 1886 shall, with all necessary adaptations, apply in respect of that right and the exercise thereof. Division 5—Authorised officers 84 Authorised officers (1) An Aboriginal council may appoint any person to be an authorised officer for its council area for such period as the council specifies, to protect the natural and cultural resources of the area. (2) Subject to subsection (3), an authorised officer appointed under subsection (1) is to perform such functions and duties and may exercise such powers as are prescribed in the by-laws for the council area in which the authorised officer is appointed, which by-laws may have regard to Aboriginal custom, tradition and belief. (3) An authorised officer may only perform a function or exercise a power, in respect of Aboriginal land in the council area for which the authorised officer is appointed, under an agreement between the Aboriginal council and the grantees of the land. 12 Community Services (Aborigines) Act Amendment Act 1990, section 16 commenced 18 December 1990. s 85 48 s 85 Community Services (Aborigines) Act 1984 85 General powers of authorised officers (1) An authorised officer, in addition to such other powers and duties as from time to time devolve upon that officer under this Act or the by-laws for the council area for which the officer is appointed may— (a) call to his or her aid an Aboriginal police officer for the area where he or she has reasonable cause to apprehend any obstruction in the exercise of his or her powers or in the execution of his or her duties; (b) be accompanied and aided by any person the officer may think competent to assist him or her in making any inspection or examination for the purposes of the by-laws for the area; (c) make such examination and inquiry as may be necessary to ascertain whether the provisions of this Act or the relevant by-laws have been or are being complied with by any person or in respect of the area concerned; (d) at any time, stop any vehicle or vessel that he or she suspects on reasonable grounds to be used in the commission of a breach of the by-laws for the area and search and examine that vehicle or vessel and all containers or other receptacles for any evidence of such a breach, and for that purpose may require the owner or person in charge thereof to open any such vehicle, vessel, container or other receptacle and expose its contents to view; (e) perform such other functions and duties and exercise such other powers and authorities as may be prescribed in the by-laws for the area concerned. (2) An authorised officer who— (a) finds any person committing or believes on reasonable grounds that any person has committed an offence against this Act or the relevant by-laws; or (b) is making inquiries or investigations with a view to establishing whether or not an offence against this Act or those by-laws has been committed by any person; or (c) is of the opinion that the name, age and address or place of residence of any person is required for the purpose of giving effect to any provision of this Act or the relevant by-laws, or for the purpose of enabling the authorised officer to carry out his or her powers and duties under this Act or the relevant by-laws; s 86 49 s 87 Community Services (Aborigines) Act 1984 may require such person to state his or her name, age and address or place of residence, and, if the authorised officer believes on reasonable grounds that any information given in this regard is false, may require evidence of the correctness thereof. (3) A person who fails to comply with a request of an authorised officer under subsection (2) commits an offence against this Act. Maximum penalty—4 penalty units. PART 5—COMMUNITY JUSTICE GROUPS Division 1—Establishment, functions and powers 86 Establishment (1) A community justice group for a community area may be established under a regulation. (2) The regulation must state the group’s name. 87 Functions and powers (1) The functions of the community justice group for a community area are to— (a) regulate the possession and consumption of alcohol in the area under part 6, division 2; and (b) carry out local strategies to address justice issues affecting members of the community in the area; and (c) make recommendations to the community liquor licence board established under the Indigenous Communities Liquor Licences Act 2002, part 2, division 1, for the area about the operation of the canteen in the area;13 and 13 See the Indigenous Communities Liquor Licences Act 2002, section 8 (Board to implement recommendations of community justice group). s 88 50 s 88 Community Services (Aborigines) Act 1984 (d) make recommendations to the Minister administering the Liquor Act 1992, part 6A, about declarations under that part; and (e) carry out other functions given to it under this or another Act. Example for subsection (1)(c)— The group may make a recommendation about the days and hours of operation of the canteen or the availability of takeaway alcohol. (2) To remove any doubt, it is declared that the group may not make recommendations about the employment of canteen staff, including, for example, the appointment of the canteen manager. (3) The group has power to do all things reasonably necessary to be done for performing its functions. (4) Without limiting subsection (3), the group has the powers conferred on it by this or another Act. Division 2—Provisions about membership of groups and group coordinators 88 Membership (1) The community justice group for a community area comprises the number of members prescribed under a regulation. (2) A regulation may make provision about the following— (a) eligibility of persons to be members; (b) nomination of persons as members; (c) terms on which, and period, a member holds office. (3) However, members must include at least 1 representative of each of the main indigenous social groupings in the area. (4) Members must be of good standing in the community. (5) In this section— “indigenous social grouping” means a group of indigenous persons sharing a common basis of social affiliation, including family relationship, language, traditional land ownership and historical association. s 89 51 s 90 Community Services (Aborigines) Act 1984 89 Criminal history checks (1) A regulation may provide for the disclosure by the commissioner of the police service to a stated entity of a person’s criminal history for deciding whether the person is suitable to be nominated as a member. (2) The entity must— (a) not use the information for any purpose other than for the purpose mentioned in subsection (1); and (b) as soon as practicable after the information is no longer needed for the purpose, destroy it. (3) In this section— “criminal history”, of a person, means the convictions, other than spent convictions, recorded against the person for offences, in Queensland or elsewhere, whether before or after the commencement of this section. “spent conviction” means a conviction— (a) for which the rehabilitation period under the Criminal Law (Rehabilitation of Offenders) Act 1986 has expired under that Act; and (b) that is not revived as prescribed by section 11 of that Act. 90 Coordinator (1) The community justice group for a community area must appoint a coordinator for the group. (2) A regulation may make provision about the eligibility of a person to be appointed as coordinator. (3) The coordinator’s functions are to— (a) provide administrative support to the group; and Example for paragraph (a)— Ensuring notice requirements under part 6, division 2, are met. (b) attend meetings of the group to advise it on any issue before it; and (c) ensure minutes of the group’s meetings are kept; and s 91 52 s 93 Community Services (Aborigines) Act 1984 (d) ensure the reporting requirements under section 97 are complied with. Division 3—Miscellaneous provisions 91 Authentication of documents A document made by the community justice group for a community area is sufficiently made if it is signed by the coordinator for the group. 92 Protection of members from civil liability (1) A member is not civilly liable to someone for an act done, or omission made, honestly and without negligence under this Act. (2) If subsection (1) prevents a civil liability attaching to the member, the liability attaches instead to the State. 93 Reporting requirements (1) Within 90 days after the end of each reporting period, a community justice group must prepare a report on its activities for the period and give the report to the chief executive. (2) The report must be in the approved form. (3) In this section— “reporting period” means— (a) the period prescribed under a regulation; or (b) if a period is not prescribed under paragraph (a)—each quarter of a financial year. s 94 53 s 95 Community Services (Aborigines) Act 1984 PART 6—CONTROL OF POSSESSION AND CONSUMPTION OF ALCOHOL IN COMMUNITY AREAS Division 1—Preliminary 94 Purpose of pt 6 (1) The purpose of this part is to prevent harm in community areas caused by alcohol abuse and misuse and associated violence. (2) The purpose is to be achieved by providing for the declaration of places in community areas in which the possession and consumption of alcohol is prohibited. 95 Definitions for pt 6 In this part— “appealable decision” means a community justice group’s decision— (a) to declare, or not to declare, a place as a dry place; or (b) to amend or revoke the declaration of a place as a dry place; or (c) to suspend, or not to suspend, the declaration of a place as a dry place. “closing day for objections and submissions” see section 97(2). “dry place” means a place declared under division 2 as a dry place. “entity” includes— (a) a department; and (b) a division, branch or other part of a department. “possess” alcohol includes— (a) have custody or control of the alcohol; and (b) have an ability or right to obtain custody or control of the alcohol. “private place” means— s 96 54 s 96 Community Services (Aborigines) Act 1984 (a) a place occupied by a person, a group of persons, or an entity other than the State or a community council; or (b) a place to which a person or group of persons have the authority to control access under Aboriginal tradition. “public place” means a place that is not a private place. Division 2—Dry places 96 Declaration (1) The community justice group for a community area may— (a) on its own initiative or on written application by the community council for the area or the chief executive of a department— (i) declare a public place in the area as a dry place; or (ii) amend or revoke a declaration made by it under subparagraph (i); or (b) on written or personal application by the occupier of a private place in the area, or a person or group of persons with authority to control access to the place under Aboriginal tradition— (i) declare the place as a dry place; or (ii) amend or revoke a declaration made by it under subparagraph (i). (2) The community justice group may invite an application about a particular private place. (3) The group must consider the application as soon as reasonably practicable. (4) A declaration may be for the limited time stated in it, or without limit of time, and may state reasonable conditions to which it is subject. (5) The group may also, on its own initiative, revoke a declaration made under subsection (1)(b) if it is satisfied it is necessary to revoke the declaration because the occupier of the place, or a person or group with authority to control access to the place under Aboriginal tradition, has acted in a way that is contrary to the effect of, or hinders the enforcement of, the declaration. s 97 55 s 97 Community Services (Aborigines) Act 1984 (6) The group must ensure a person or group of persons who wish to make a written application under subsection (1)(b) are given help to make the application. 97 Notice of proposal (1) Before deciding whether to declare a place as a dry place, the community justice group for a community area must display written notice of the proposal— (a) in at least 1 prominent place in the area; and (b) if it considers it practicable, at the place. (2) The notice must— (a) sufficiently identify the place; and (b) state the right of a person to object or make a supporting submission; and (c) state the day (the “closing day for objections and submissions”) on or before which— (i) a written objection or supporting submission must be made; or (ii) a written notice that a person wishes to object or make a supporting submission in person to the group, must be given; and (d) state the objection, submission or notice must be made or given to the coordinator for the group; and (e) if the proposed declaration is for a limited time—state that fact and the period proposed. (3) The notice must be displayed for at least 14 days immediately before the closing day for objections and submissions. (4) In addition to displaying written notice of the proposal as required by this section, the group must consult with members of the community resident in the area in the way it considers appropriate. (5) This section applies to the amendment or revocation of a declaration of a place as a dry place in the same way as it applies to the making of the declaration. s 98 56 s 99 Community Services (Aborigines) Act 1984 98 Objections and supporting submissions (1) A person whose interests will be affected by the declaration of a public place as a dry place may object to or support the proposal to make the declaration. (2) A proposed declaration of a private place as a dry place may be objected to or supported by— (a) a person or group of persons with the authority to control access to the place or a neighbouring place under Aboriginal tradition; or (b) the occupier of, or a person or group who use, the place or a neighbouring place. (3) The objection or supporting submission must be made— (a) in writing to the coordinator for the community justice group for the community area in which the place is located on or before the closing day for objections and submissions; or (b) if the objector or supporter tells the coordinator for the group, on or before that day, that he or she wishes to appear before the group to make a submission—personally to the group. (4) The group must consider all written objections and supporting submissions made on or before the closing day for objections and submissions. (5) If the group gives a person mentioned subsection (3)(b) a reasonable opportunity to appear before it and put the objection or supporting submission but the person fails to appear, the person loses the right to have the objection or supporting submission considered by the group. (6) A fee is not payable by an objector or supporter. (7) This section applies to the amendment or revocation of a declaration of a place as a dry place in the same way as it applies to the making of the declaration. 99 Notice about declaration (1) The community justice group for a community area must display written notice of the declaration of a place as a dry place in at least 1 prominent place in the area for as long as the declaration is in force. (2) The notice must— s 100 57 s 101 Community Services (Aborigines) Act 1984 (a) sufficiently identify the place; and (b) state that the declaration takes effect on the day on which the declaration is displayed; and (c) if the declaration is for a limited time—state that fact and the period of the declaration; and (d) state the provisions of section 103. (3) This section applies to the amendment or revocation of the declaration of a place as a dry place in the same way as it applies to the making of the declaration. (4) However, notice of the revocation must be displayed for at least 1 month and need not state the provisions of section 103. 100 Suspension of declaration (1) The community justice group for a community area may, on written application by any person, suspend the declaration of a public place in the area as a dry place for a period of not more than 7 days. (2) The application must state the purpose and period of the suspension sought. (3) The group must consider the application as soon as reasonably practicable. (4) The group may suspend the declaration only if it is satisfied it is in the best interests of the residents of the area to do so. (5) The suspension may apply for all alcohol or a particular type of alcohol. (6) Also, the suspension may state reasonable conditions to which it is subject. (7) Sections 97 to 99 apply, with all necessary changes, to the suspension of a declaration of a place as a dry place as if it were a proposal to declare a place as a dry place. (8) However, notice of the suspension displayed under section 99 need not state the provisions of section 103. 101 Effect of declaration of dry place (1) This section applies if— s 102 58 s 104 Community Services (Aborigines) Act 1984 (a) under this division, a place is declared as a dry place (the “dry place declaration”); and (b) the place is in a restricted area under the Liquor Act 1992 to which section 168B of that Act applies because of a declaration under section 173H of that Act (the “restricted area declaration”). (2) The dry place declaration applies to the place despite the restricted area declaration. Division 3—Offences 102 Obstructing members (1) A person must not obstruct or improperly influence a member in performing the member’s functions under this Act. Maximum penalty—200 penalty units. (2) In this section— “influence” includes attempt to influence. “obstruct” includes hinder, resist and attempt to obstruct. 103 Possession or consumption of alcohol in or on dry place (1) A person must not, in or on a dry place, possess or consume alcohol. Maximum penalty—250 penalty units. (2) A person must not, in or on a dry place, be drunk. Maximum penalty—25 penalty units. 104 False or misleading statements (1) A person must not state anything to a community justice group that the person knows is false or misleading in a material particular. Maximum penalty—60 penalty units. (2) In a proceeding for an offence against subsection (1), it is enough to state that the statement made was, without specifying which, false or misleading. s 105 59 s 107 Community Services (Aborigines) Act 1984 105 False or misleading documents (1) A person must not give a community justice group a document containing information the person knows is false or misleading in a material particular. Maximum penalty—60 penalty units. (2) Subsection (1) does not apply to a person if the person, when giving the document— (a) tells the group, to the best of the person’s ability, how it is false or misleading; and (b) if the person has, or can reasonably obtain, the correct information—gives the correct information. (3) In a proceeding for an offence against subsection (1), it is enough to state that the document was, without specifying which, false or misleading. Division 4—Appeals 106 Who may appeal A person whose interests are affected by an appealable decision may appeal against the decision to a Magistrates Court. 107 How to start appeal (1) An appeal is started by— (a) filing notice of appeal with the clerk of the court of a Magistrates Court in, or nearest to, the community area to which the decision relates; and (b) giving a copy of the notice to the community justice group that made the appealable decision within 7 days after the notice is filed. (2) The notice of appeal must be filed within 28 days after the appellant becomes aware of the decision. (3) The court may at any time extend the period for filing the notice of appeal. (4) The notice of appeal must state fully the grounds of the appeal and the facts relied on. s 108 60 s 110 Community Services (Aborigines) Act 1984 108 Stay of operation of decisions (1) The Magistrates Court may grant a stay of the appealable decision to secure the effectiveness of the appeal. (2) The stay— (a) may be given on the conditions the court considers appropriate; and (b) operates for the period fixed by the court; and (c) may be revoked or amended by the court. (3) The period of the stay must not extend past the time when the court decides the appeal. (4) The appeal affects the appealable decision, or carrying out of the decision, only if the decision is stayed. 109 Powers of Magistrates Court (1) In deciding the appeal, the Magistrates Court— (a) has the same powers as the community justice group; and (b) is not bound by the rules of evidence; and (c) must comply with natural justice. (2) The appeal is by way of rehearing unaffected by the decision appealed against on the material before the group and any further evidence allowed by the court. (3) The court may— (a) confirm the appealable decision; or (b) set aside the decision and substitute another decision; or (c) set aside the decision and return the issue to the group with the directions the court considers appropriate. 110 Constitution of Magistrates Court The Magistrates Court must be constituted by a magistrate when exercising its jurisdiction to decide the appeal. s 111 61 s 114 Community Services (Aborigines) Act 1984 111 Effect of Magistrates Court’s decision If the Magistrates Court substitutes another decision, the substituted decision is, for this part (other than this division), taken to be the community justice group’s decision. 112 Appeal to District Court An appeal to the District Court from a decision of a Magistrates Court may be made only on a question of law. Division 5—Miscellaneous provision 113 Making applications (1) An application under this part must be made to the coordinator for the community justice group for the community area to which the application relates. (2) A fee is not payable for an application— (a) to have a place declared as a dry place; or (b) to have the declaration amended, revoked or suspended. PART 7—PROVISIONS ABOUT MAKING BY-LAWS AND SUBORDINATE BY-LAWS Division 1—Preliminary 114 Definitions for pt 7 In this part— “advertised proposed by-law” see section 123(a). “amended proposed by-law” see section 123(b). “certified copy”, of an Aboriginal council’s by-law or subordinate local law, means a copy of the by-law or subordinate local law certified by s 115 62 s 115 Community Services (Aborigines) Act 1984 the council’s clerk to be the by-law or subordinate by-law as made by the council. “consultation period” means— (a) for a proposed by-law—the period mentioned in section 120(1); or (b) for a proposed subordinate by-law—the period mentioned in section 129(1). “drafting certificate”, for a proposed by-law or subordinate by-law, means a certificate signed by the relevant Aboriginal council’s clerk and a lawyer stating— (a) the law is drafted in sufficient accordance with drafting standards prescribed under a regulation for the law; and (b) if section 166(2)14 applies to the proposed law—the subsection has been complied with and all interested persons under the subsection located by the council have given written consent to the making of the law. “model by-law” see section 115(1). “proposed authorising law” see section 134(1). “proposed by-law” see section 118(1) or (2). “required number” means the number decided by the Minister. “subordinate by-law” see section 116. Division 2—Publishing model by-laws and power to make subordinate by-laws 115 Minister may publish model by-laws (1) The Minister may prepare and publish in the gazette a by-law (a “model by-law”) about a matter within the functions of an Aboriginal council as suitable for adoption by Aboriginal councils as a by-law. (2) Also, the Minister must publish a notice in the gazette stating whether steps 3 to 7 of division 3 apply for making the model by-law. 14 Section 166 (Power of Aboriginal council to regulate presence in area) s 116 63 s 119 Community Services (Aborigines) Act 1984 (3) However, steps 3 to 7 of division 3 may be applied for making the model by-law only if the Minister is satisfied the consultation process under the steps would serve a useful purpose. 116 Power to make subordinate by-laws An Aboriginal council may make a law (a “subordinate by-law”) about a matter that a by-law expressly states that the council may make about the matter. Division 3—Process for making by-laws 117 By-law process (1) Subject to subsection (2), the process stated in this division must be used to make a by-law. (2) Steps 3 to 7 apply to the making of a model by-law only if the steps apply to the making of the model by-law under a notice published under section 115(2). (3) If an Aboriginal council purports to make a by-law in contravention of this section, the purported law is of no effect. 118 Step 1—propose a by-law (1) Before making a model by-law, an Aboriginal council must, by resolution, propose to adopt the model by-law (the “proposed by-law”). (2) Before making another by-law, an Aboriginal council must, by resolution, propose to make the by-law (also the “proposed by-law”). 119 Step 2—ensure proposed by-law satisfactorily deals with any State interest (1) This section does not apply if the proposed by-law is a model by-law. (2) The Aboriginal council must give the Minister the following— (a) a copy of the proposed by-law; (b) a drafting certificate for the proposed by-law; s 119 64 s 119 Community Services (Aborigines) Act 1984 (c) information about the proposed by-law required by the Minister or under a regulation. (3) The Minister must advise the council that it may proceed further in making the law if the Minister considers— (a) State interests are satisfactorily dealt with by the proposed by-law; and (b) the proposed by-law is drafted substantially in accordance with drafting standards prescribed under a regulation. (4) Alternatively, if the Minister considers the matters mentioned in subsection (3) would be satisfactorily dealt with by the proposed by-law if the council satisfied particular conditions, the Minister— (a) may impose conditions on the council that the Minister considers appropriate; and (b) must advise the council that it may proceed further in making the law if it— (i) satisfies any conditions about the content of the proposed by-law; and (ii) agrees to satisfy any other conditions. (5) If the Minister considers the proposed by-law only makes a minor amendment of an existing law (including, for example, the correction of a minor error), the advice of the Minister also may state that the council may proceed to step 8 without satisfying steps 3 to 7. (6) Steps 3 to 7 do not apply if the Minister’s advice to the council includes the statement mentioned in subsection (5). (7) The advice of the Minister also may state that the council may proceed without satisfying step 7 if the council agrees to satisfy particular conditions. (8) Before proceeding further in making a proposed by-law, the council must— (a) get an advice under subsection (3) or (4); and (b) satisfy any condition about the content of the proposed by-law; and (c) agree to satisfy any other conditions. s 120 65 s 120 Community Services (Aborigines) Act 1984 120 Step 3—consultation about proposed by-law (1) The Aboriginal council must consult with residents of its council area about the proposed by-law for at least 14 days (the “consultation period”). (2) However, a longer consultation period may be— (a) fixed by a condition agreed by the Minister and the council in step 2; or (b) prescribed under a regulation. (3) The consultation period begins on the day when the notice mentioned in subsection (4) is first published. (4) A notice about the proposed by-law must be— (a) published at least once in a newspaper, newsletter or other publication circulating generally in its council area; and (b) displayed in a conspicuous place in the following places from the first day of the consultation period until the end of the last day of the consultation period— (i) the council’s office; (ii) another prominent place in its council area. (5) The notice must state the following— (a) the council’s name; (b) the name of the proposed by-law; (c) the purposes and general effect of the proposed by-law; (d) the length of the consultation period and the first and last days of the period; (e) that written submissions by any person supporting or objecting to the proposed by-law may be made and given to the council on or before the last day stating— (i) the grounds of the submission; and (ii) the facts and circumstances relied on in support of the grounds. (6) Also, for a notice published under subsection (4)(a), the notice must state that a copy of the proposed by-law is open to inspection, or available, s 121 66 s 123 Community Services (Aborigines) Act 1984 free of charge at the council’s office until the end of the last day of the period. (7) A copy of the proposed by-law must be attached to a notice displayed under subsection (4)(b). (8) The council may also consult with residents of its council area about the proposed by-law in any way it considers appropriate. (9) If an open meeting is held under subsection (8), the council’s clerk must keep minutes of the meeting. 121 Step 4—give access to proposed by-law On the first day of the consultation period and until the end of the last day of the consultation period a copy of the proposed by-law must be open to inspection, and be available, free of charge at the Aboriginal council’s office. 122 Step 5—accept and consider all submissions (1) The Aboriginal council must consider every submission properly made to it. (2) A submission is properly made to the council if it— (a) is the written submission of any person about the proposed by-law; and (b) is given to the council on or before the last day of the consultation period. (3) Also, a submission is properly made to the council if it is made at a meeting held under section 120(8) and recorded in the minutes of the meeting. 123 Step 6—decide whether to proceed with making proposed by-law After considering every submission properly made to it, the Aboriginal council must, by resolution, decide whether to— (a) proceed with making the proposed by-law as advertised (the “advertised proposed by-law”); or s 124 67 s 124 Community Services (Aborigines) Act 1984 (b) proceed with making the proposed by-law with amendments (the “amended proposed by-law”); or (c) not proceed with making the proposed by-law. 124 Step 7—again ensure proposed by-law satisfactorily deals with any State interest (1) This step does not apply in the following cases— (a) if the Aboriginal council receives an advice under section 119(5) or (7) and has satisfied any agreed conditions; (b) if the Aboriginal council decides to proceed with making the advertised proposed by-law; (c) if the Aboriginal council decides not to proceed with the proposed by-law; (d) if a regulation states the step does not apply. (2) The council must— (a) advise the Minister of its decision under step 6; and (b) give the Minister information about the proposed by-law required by the Minister or by regulation. (3) If the Minister considers that State interests are satisfactorily dealt with by the proposed by-law, the Minister must advise the council it may proceed to step 8. (4) Alternatively, if the Minister considers State interests would be satisfactorily dealt with by the proposed by-law if the council satisfied particular conditions, the Minister— (a) may impose conditions on the council that the Minister considers appropriate; and (b) must advise the council that it may proceed to step 8 if it— (i) satisfies any conditions about the content of the proposed by-law; and (ii) agrees to satisfy any other conditions. (5) Before proceeding further in making a proposed by-law, the council must— (a) get an advice under subsection (3) or (4); and s 125 68 s 126 Community Services (Aborigines) Act 1984 (b) satisfy any condition about the content of the proposed by-law; and (c) agree to satisfy any other conditions. 125 Step 8—make proposed by-law (1) If the proposed by-law is a model by-law about a matter, the Aboriginal council makes the model by-law if, by resolution, it— (a) adopts the model by-law; and (b) if there is an existing by-law about the matter that is inconsistent with what is adopted—amends or repeals the existing by-law so that there is no inconsistency. (2) If the proposed by-law is not a model by-law, the council must, by resolution, make— (a) the advertised proposed by-law; or (b) the amended proposed by-law; or (c) the proposed by-law for which the council received advice from the Minister that it could proceed to this step without satisfying steps 3 to 7. (3) The council’s clerk must certify the required number of copies of the by-law to be the by-law as made by the council under subsection (1) or (2). 126 Step 9—give public notice of law (1) A notice of the making of the by-law must be— (a) gazetted; and (b) displayed in a conspicuous place in the Aboriginal council’s office and the other prominent places in its council area the council considers appropriate. (2) A notice under subsection (1) must state the following— (a) the name of the council making the by-law; (b) the name of the by-law; (c) the date of the council’s resolution making the by-law; (d) the name of any existing by-law amended or repealed by the new by-law. s 127 69 s 129 Community Services (Aborigines) Act 1984 (3) The notice also may state the following— (a) the purposes and general effect of the by-law; (b) that a certified copy of the by-law is open to inspection at the council’s office; (c) that a copy of the certified copy of the by-law is available free of charge at the council’s office and at the department’s offices. (4) If notice of the making of the by-law is not gazetted within 1 year after the date of the council’s resolution making the by-law or the longer period decided by the Minister, the process stated in this division must be used again before the by-law is notified in the gazette. (5) On the day notice of the making of the by-law is gazetted or as soon as practicable after the day, the council must give the Minister— (a) a copy of the notice; and (b) the required number of certified copies of the by-law. Division 4—Process for making subordinate by-laws 127 Subordinate by-law process (1) The process stated in this division must be used to make a subordinate by-law. (2) If an Aboriginal council purports to make a subordinate by-law in contravention of subsection (1), the purported subordinate by-law is of no effect. 128 Step 1—propose a subordinate by-law Before making a subordinate by-law, the Aboriginal council must, by resolution, propose to make a subordinate by-law. 129 Step 2—consultation about proposed subordinate by-law (1) The Aboriginal council must consult with residents of its council area about the proposed subordinate by-law for at least 14 days (the “consultation period”). s 129 70 s 129 Community Services (Aborigines) Act 1984 (2) However, a longer consultation period may be prescribed under a regulation. (3) The consultation period begins on the day when the notice mentioned in subsection (4) is first published. (4) A notice about the proposed subordinate by-law must be— (a) published at least once in a newspaper, newsletter or other publication circulating generally in its council area; and (b) displayed in a conspicuous place in the following places from the first day of the consultation period until the end of the last day of the consultation period— (i) the council’s office; (ii) another prominent place in its council area. (5) The notice must state the following— (a) the council’s name; (b) the name of the proposed subordinate by-law; (c) the name of— (i) the by-law allowing the subordinate by-law to be made; or (ii) if this step is used under section 134—the proposed authorising law; (d) the purposes and general effect of the proposed subordinate by-law; (e) the length of the consultation period and the first and last days of the period; (f) that a copy of the proposed subordinate by-law is open to inspection, or available, free of charge at the council’s office until the end of the last day of the period; (g) that written submissions by any person supporting or objecting to the proposed subordinate by-law may be made and given to the council on or before the last day stating— (i) the grounds of the submission; and (ii) the facts and circumstances relied on in support of the grounds. s 130 71 s 132 Community Services (Aborigines) Act 1984 (6) Also, for a notice published under subsection (4)(a), the notice must state that a copy of the proposed subordinate by-law is open to inspection, or available, free of charge at the council’s office until the end of the last day of the period. (7) A copy of the proposed subordinate by-law must be attached to a notice displayed under subsection (4)(b). (8) The council may also consult with residents of its council area about the proposed subordinate by-law in any way it considers appropriate. (9) If an open meeting is held under subsection (8), the council’s clerk must keep minutes of the meeting. 130 Step 3—give access to proposed subordinate by-law On the first day of the consultation period and until the end of the last day of the consultation period a copy of the proposed subordinate by-law must be open to inspection, and be available, free of charge at the Aboriginal council’s office. 131 Step 4—accept and consider all submissions (1) The Aboriginal council must consider every submission properly made to it. (2) A submission is properly made to the council if it— (a) is the written submission of any person about the proposed subordinate by-law; and (b) is given to the council on or before the last day of the consultation period. (3) Also, a submission is properly made to the council if it is made at a meeting held under section 129(8) and recorded in the minutes of the meeting. 132 Step 5—make proposed subordinate by-law (1) If, after considering every submission properly made to it, the Aboriginal council decides to make the proposed subordinate by-law, whether as advertised or with amendments, it must, by resolution, make the subordinate by-law. s 133 72 s 134 Community Services (Aborigines) Act 1984 (2) However, the council may substantially amend the proposed subordinate by-law only if the council again consults with residents of its council area under section 129 and complies with steps 3 and 4. (3) The council’s clerk must certify the required number of copies of the subordinate by-law to be the subordinate by-law as made by the council. 133 Step 6—give public notice of subordinate by-law (1) A notice of the making of the subordinate by-law must be— (a) gazetted; and (b) displayed in a conspicuous place in the Aboriginal council’s office and the other prominent places in its council area the council considers appropriate. (2) A notice under subsection (1) must state the following— (a) the name of the council making the subordinate by-law; (b) the name of the subordinate by-law; (c) the date of the council’s resolution making the subordinate by-law; (d) the name of any existing subordinate by-law amended or repealed by the new subordinate by-law. (3) The notice also may state— (a) the name of the by-law allowing the subordinate by-law to be made; or (b) the purposes and general effect of the subordinate by-law. (4) On the day notice of the making of the subordinate by-law is gazetted or as soon as practicable after the day, the council must give the Minister— (a) a copy of the notice; and (b) the required number of certified copies of the subordinate by-law; and (c) a drafting certificate for the subordinate by-law. 134 Early start for subordinate by-law making process (1) The purpose of this section is to permit an Aboriginal council to start the process for making a subordinate by-law even though the process for s 135 73 s 137 Community Services (Aborigines) Act 1984 making the by-law on which the subordinate by-law is to be based (the “proposed authorising law”) has not finished. (2) A council may use steps 1 to 5 of the process for making the subordinate by-law, other than actually making the subordinate by-law, before the proposed authorising by-law is made if— (a) in making the proposed authorising law, the council has to satisfy steps 3 to 7 of division 3; and (b) the notice about the subordinate by-law under section 129 is published no earlier than the notice about the proposed authorising law under section 120 is published. Division 5—Commencement and status of by-laws and subordinate by-laws 135 Commencement of by-laws and subordinate by-laws (1) A by-law or subordinate by-law commences— (a) on the day notice of the making of the by-law or subordinate by-law is gazetted; or (b) if a later day or time is fixed in the by-law or subordinate by-law—on that day or at that time. (2) If notice of the making of the by-law or subordinate by-law is gazetted on a day after the day or time fixed by the by-law or subordinate by-law for its commencement, the by-law or subordinate by-law is valid, but commences on the day on which it is notified. 136 Effect of by-laws On commencement, a by-law made by an Aboriginal council has the force of law. 137 Extent to which subordinate by-law is binding (1) An Aboriginal council’s subordinate by-law is binding on the council. s 138 74 s 140 Community Services (Aborigines) Act 1984 (2) An Aboriginal council’s subordinate by-law on a matter is binding on anyone else to the extent stated in the by-law stating the matter about which the subordinate by-law may be made. 138 When subordinate by-laws cease to have effect (1) This section applies if— (a) a by-law or provision of a by-law states a matter about which a subordinate by-law may be made; and (b) a subordinate by-law is made about the matter; and (c) the by-law is repealed or the provision is omitted. (2) To remove any doubt, it is declared that the subordinate by-law ceases to have effect on the repeal or omission. 139 Proof of by-laws and subordinate by-laws (1) In a proceeding, a certified copy of a by-law or subordinate by-law is evidence of the content of the by-law or subordinate by-law. (2) All courts, judges and persons acting judicially must take judicial notice of a certified copy of a by-law or subordinate by-law. (3) In a proceeding, a copy of the gazette, newspaper, newsletter or other publication containing a notice about the making of a by-law or subordinate by-law is— (a) evidence of the matters stated in the notice; and (b) evidence that the by-law or subordinate by-law has been properly made. 140 By-law and subordinate by-law presumed to be within power In a proceeding, the competence of an Aboriginal council to make a particular by-law or subordinate by-law is presumed unless the issue is raised. s 141 75 s 142 Community Services (Aborigines) Act 1984 PART 8—ABORIGINAL COORDINATING COUNCIL 141 Continuation and incorporation of Aboriginal Coordinating Council (1) The body known as the Aboriginal Advisory Council existing at the commencement of this Act shall continue in being under the name Aboriginal Coordinating Council and be constituted from time to time in accordance with this part. (2) The Aboriginal Coordinating Council shall be a body corporate having perpetual succession and an official seal which shall be judicially noticed and shall, under its name, be capable in law of suing and being sued, of acquiring, holding (absolutely or subject to trusts), letting, leasing, hiring, disposing of and otherwise dealing with property real and personal and of doing and suffering all such acts and things as bodies corporate may in law do and suffer. 142 Membership of council (1) On and from the passing of the Community Services (Aborigines) Act Amendment Act 1986 the Aboriginal Coordinating Council shall be constituted by— (a) the persons who are chairpersons of the Aboriginal councils; and (b) a number of persons (equal to the number of Aboriginal councils) consisting of 1 person selected by each Aboriginal council and being a member of the council by which the person is selected. (2) A person selected by an Aboriginal council under subsection (1) to be a member of the Aboriginal Coordinating Council may be selected for such period, not extending beyond the date of the next quadrennial election of the Aboriginal council, as that council nominates at the time the selection is made but if no such period is nominated, the person shall be deemed to have been selected for a period expiring upon the date of the next quadrennial election of the Aboriginal council. (3) Each member of the Aboriginal Coordinating Council may from time to time appoint another member of the Aboriginal council of which the member is chairperson or a member, as the case may be, to be his or her delegate to the Aboriginal Coordinating Council. (4) In the event of a member of the Aboriginal Coordinating Council being unable to attend a meeting of that council or a meeting of the s 143 76 s 143 Community Services (Aborigines) Act 1984 executive committee of that council (if the member is a member of the executive committee) the member’s delegate appointed for the time being shall be entitled to attend the meeting in place of the member and for that purpose shall have and may exercise the powers and entitlements of the member by whom he or she is appointed for the time being as a delegate except the powers and entitlements had by that member by reason of that member being chairperson or deputy chairperson of that council. 143 Functions of council (1) The functions of the Aboriginal Coordinating Council are— (a) to consider and advise any person on matters affecting the progress, development and wellbeing of Aborigines; and (b) to recommend to the Minister and the chief executive concerning matters affecting the progress, development and wellbeing of Aborigines and the administration of this Act; and (c) from time to time to select as prescribed 4 persons who are members of Aboriginal communities resident in council areas in Queensland to be members of the Aboriginal Industries Board and 4 persons, being members of the Aboriginal Coordinating Council, to be members of an executive committee of the council; and (d) from time to time to select 1 person who is a member of an Aboriginal community resident in a council area to be a member of the Aboriginal Industries Board; and (e) to accept grants or loans of money from the Government of the Commonwealth or the State or contributions of money from any other source and, subject to subsection (2), to expend that money in accordance with the terms and conditions on which the money is received or, if there be no such terms and conditions, in securing the progress, development and wellbeing of Aborigines in all or any of the areas; and (f) to establish and operate such lawful businesses as the council thinks fit, for the promotion, progress, development and wellbeing of Aborigines; and (g) to act on behalf of 1 or more of the Aboriginal councils for such lawful purposes as are requested of it by the Aboriginal council or councils concerned; and s 144 77 s 146 Community Services (Aborigines) Act 1984 (h) to employ such agents and servants as are necessary for the proper and efficient discharge of its functions and powers under this Act; and (i) to make, perform, and enter into and upon all such lawful contracts, transactions and activities as are necessary or expedient for the efficient conduct of any business operated by it or for the proper discharge of any of its functions; and (j) to attend to such other matters as are prescribed. (2) The Aboriginal Coordinating Council shall not expend money for works or any purpose within a council area until it has first consulted with the Aboriginal council established for that area and the Aboriginal council has approved of the works or purpose. 144 Meetings of council The members of the Aboriginal Coordinating Council shall meet at such times and places as are approved by the Minister and may meet at such other times and places as they determine. 145 Divisions of Aboriginal communities (1) For the purpose of the selection of members of the Aboriginal Industries Board and the executive committee under section 143(1)(c) the Minister shall (and may from time to time) delineate, by such means as the Minister thinks fit, the communities of Aborigines resident in council areas into 4 divisions. (2) The membership of the Aboriginal Coordinating Council shall be deemed to be divided into 4 divisions corresponding to the divisions delineated for the time being by the Minister, each division being represented on that council by the members thereof who are members of communities of Aborigines resident in that division. 146 Selection of board members (1) For the purpose of the selection of members of the Aboriginal Industries Board and the executive committee under section 143(1)(c) the members of each division referred to in section 145(2) shall select 1 person, being a member of a community of Aborigines resident in that s 147 78 s 147 Community Services (Aborigines) Act 1984 division, to be a member of the board or, as the case may be, the executive committee. (2) The appointment of a member of the Aboriginal Industries Board under section 143(1)(d) shall be made by the whole of the Aboriginal Coordinating Council and the appointee shall be a member of any of the Aboriginal communities resident in council areas. (3) A person selected to be a member of the Aboriginal Industries Board or, as the case may be, the executive committee under section 143 or to fill a casual vacancy in the office of such a member shall hold office as such member until the person dies or resigns or a successor is selected as prescribed in the person’s place or in the case of a member of the executive committee the person ceases to be a member of the Aboriginal Coordinating Council. (4) A successor to a member of the Aboriginal Industries Board or the executive committee selected under this part may be selected at any time in the same manner as that member was selected. (5) A person selected under this part to be a member of the Aboriginal Industries Board or the executive committee shall be taken to have assumed office when the person’s name is notified by the Aboriginal Coordinating Council to the Minister. 147 Casual vacancy in office of selected member In the event of a vacancy occurring in the office of a member of the Aboriginal Industries Board or of the executive committee selected under this part— (a) if the member was selected by a division of the members of the Aboriginal Coordinating Council—the members of the division by whom the member was selected shall select a person, being a member of a community of Aborigines resident in the corresponding division of Aboriginal communities, to hold the office; and (b) if the member was selected otherwise—the Aboriginal Coordinating Council shall select a person, being a member of a community of Aborigines resident in a council area, to hold the office. s 148 79 s 150 Community Services (Aborigines) Act 1984 148 Particular functions of council (1) The Aboriginal Coordinating Council shall apply property acquired by it (other than property acquired by it for its own use) towards the progress, development and wellbeing of the communities of Aborigines resident in council areas by such means as, in its opinion, are best calculated to achieve the purpose. (2) As soon as is practicable after the expiration of 4 years after the commencement of this Act the Aboriginal Coordinating Council shall furnish to the Minister a report concerning the operation of this Act and with that report shall submit its recommendation as to— (a) changes in the provisions and administration of this Act that in its opinion should be made to assist the progress, development and wellbeing of communities of Aborigines resident in Queensland; (b) such other matters as it considers appropriate. (3) The Minister shall submit the report and recommendations furnished under subsection (2) to the Governor in Council within 28 days after they are furnished to the Minister. 149 Budget of Aboriginal Coordinating Council Sections 53 to 70 apply to the Aboriginal Coordinating Council as if it were an Aboriginal council established under this Act, with all necessary changes and changes prescribed under a regulation. 150 Declaration that Aboriginal Coordinating Council is statutory body (1) The Aboriginal Coordinating Council is a statutory body for the Statutory Bodies Financial Arrangements Act 1982. (2) The Statutory Bodies Financial Arrangements Act 1982, part 2B sets out the way in which the powers of the Aboriginal Coordinating Council under this Act are affected by the Statutory Bodies Financial Arrangements Act 1982. s 151 80 s 153 Community Services (Aborigines) Act 1984 PART 9—ABORIGINAL INDUSTRIES BOARD 151 The board (1) There shall be established a board called ‘The Aboriginal Industries Board’, which in this Act is called the “board” or the “Aboriginal Industries Board”. (2) Upon its constitution the board shall be a body corporate under the name the Aboriginal Industries board and by that name shall have perpetual succession and an official seal, which shall be judicially noticed. 152 Membership of board (1) The board shall consist of— (a) the chief executive; and (b) 3 persons appointed by the Governor in Council by notification published in the gazette; and (c) the 5 members for the time being selected by the Aboriginal Coordinating Council. (2) The persons appointed to the board by the Governor in Council shall hold office at the Governor in Council’s pleasure. (3) For a period of 5 years after the commencement of this Act the chairperson of the board shall be the chief executive and thereafter the chairperson shall be a member of the board nominated by the members for the time being. (4) The board shall be taken to be duly constituted upon— (a) the appointment as prescribed of the 3 members referred to in subsection (1)(b); and (b) the assumption of office as prescribed by section 146 by the 5 members referred to in subsection (1)(c). 153 Casual vacancy in appointed members of board In the event of a vacancy occurring in the office of a member of the board appointed by the Governor in Council the Governor in Council shall appoint another person to hold the office at the pleasure of the Governor in Council. s 154 81 s 156 Community Services (Aborigines) Act 1984 154 Board meetings (1) A quorum of members of the board shall consist of a majority of those members including the chairperson or a person nominated by the chairperson as the chairperson’s delegate for a particular meeting. (2) The chairperson of the board shall preside at every meeting of the board at which the chairperson is present and a person nominated by the chairperson as the chairperson’s delegate shall preside at any other meeting of the board. 155 Officers and employees of board (1) Subject to the Minister’s direction (if any) in that behalf the board— (a) shall appoint a secretary to the board; (b) may appoint such administrative and technical officers and clerks and employ such employees and agents as it considers necessary to the proper exercise of its powers and discharge of its functions. (2) The secretary to the board may execute documents on behalf of the board, and may affix the official seal of the board to any document that requires the same and shall perform such duties as are assigned to the secretary by the board. (3) Unless the secretary is employed under the Public Service Act 1996 the secretary to the board and every officer, clerk, employee and agent of the board shall hold office or be so employed at the pleasure of the board. (4) The chairperson of the board shall be its executive officer and is charged with control of and shall control the affairs of the board and of any business conducted by the board. 156 Powers of board (1) The board is capable in law of suing and being sued, of compounding or proving in any court of competent jurisdiction all debts and sums of money due to it, of acquiring, holding, alienating, leasing, conveying, surrendering, charging and otherwise dealing with property within or outside the State, and of doing and suffering all such other acts and things as bodies corporate may in law do and suffer. (2) The board may— s 156 82 s 156 Community Services (Aborigines) Act 1984 (a) carry on the business of banker, blacksmith, building, carpenter, commission agent, common carrier (by land or water), dealer (wholesale or retail), engineer, exporter, factor, farmer, fisher (including the gathering of pearl shell, trochus shell, and beche-de-mer), forwarding agent, freight contractor, general merchant, grazier, importer, ironworker, joiner, labour agent, lighter navigator, manufacturer, mining, moneylender, plumber, shipping agent, ships’ chandler, ship-broker, shipbuilder, shipowner, shopkeeper, stevedore, storekeeper, timber merchant, tinsmith, trustee, warehouse keeper, wharfinger, and any other business incidental or ancillary to any of the businesses specified or which, in the board’s opinion can be profitably or effectually carried on in connection with any of the business specified; (b) acquire, lease, erect, maintain and renovate such buildings, wharves, vessels, tramways, plant and machinery, and undertake such works as, in the board’s opinion, are necessary or desirable for the proper exercise of the powers conferred on it by this Act; (c) obtain and disseminate information with respect to the best manner of carrying on any business specified or referred to in paragraph (a), undertake the instruction of Aborigines and other persons in any such business and, for that purpose, establish, maintain and conduct such schools and classes as the board considers necessary or desirable and enter into apprenticeship or traineeship contracts; (d) for the purpose of carrying on any business specified or referred to in paragraph (a), exercise all such powers, authorities and discretions and do all such acts and things as a natural person conducting such a business in the State might exercise and do; (e) cause investigations to be made and, from time to time, report and recommend to the chief executive concerning— (i) any question touching trade, commerce or business carried on by Aborigines or in which they are interested or engaged; (ii) markets for the produce of Aborigines, trade in and methods of marketing such produce; (iii) the encouragement, development and protection of the trade, commerce and industries of Aborigines. s 157 83 s 159 Community Services (Aborigines) Act 1984 157 Profits of board No part of the profits of the board shall be paid into consolidated fund but shall be applied for the general welfare of Aborigines in such manner as the board from time to time directs with the approval of the Governor in Council. 158 Board is statutory body (1) Under the Statutory Bodies Financial Arrangements Act 1982, the board is a statutory body. (2) The Statutory Bodies Financial Arrangements Act 1982, part 2B sets out the way in which the board’s powers under this Act are affected by the Statutory Bodies Financial Arrangements Act 1982. 159 Audit of board’s accounts (1) The accounts of the board shall be audited by the auditor-general or by a person authorised by the auditor-general, each of whom shall have with respect to such audit and accounts all the powers and authorities conferred on the auditor-general by the Financial Administration and Audit Act 1977 as if the board were a department of government. (2) The board shall pay a fee for such audit in an amount determined by the auditor-general. (3) The auditor-general shall, at least once in each year, report to the Minister the result of each audit carried out pursuant to this section and shall, if the auditor-general thinks fit, include with the report recommendations to the Minister with respect to the accounts of the board. (4) A copy of such report and recommendation shall be furnished to the chairperson of the board who shall submit the report and recommendations to the board at its first ordinary meeting held after the report and recommendations are received by the chairperson. (5) The Minister and the board’s chairperson shall give due consideration to the report and recommendations of the auditor-general made pursuant to subsection (3). s 160 84 s 162 Community Services (Aborigines) Act 1984 160 Annual report by board As soon as is practicable after 1 February in each year the board shall furnish to the Minister a full report of its operations during the 12 months period that expired on 31 January then last past. 161 Administrator may replace board members (1) The Governor in Council may at any time, on the recommendation of the Minister, dismiss the members for the time being of the board, whereupon they shall cease to hold office, and may from time to time appoint in the place of those members an administrator to administer the board’s affairs. (2) A person appointed as administrator under subsection (1) shall administer the board’s affairs for a period specified by the Governor in Council, not exceeding in any case a period of 2 years, unless within that specified period the person’s appointment is revoked by the Governor in Council. (3) The continuity of existence of the board as a body corporate shall not be affected by a dismissal of members under subsection (1) and, for so long as the administrator administers the board’s affairs, the administrator shall be taken to constitute the board. (4) Upon an administrator ceasing to administer the board’s affairs by reason of the expiration of the period of the administrator’s appointment or the revocation of the administrator’s appointment the board shall again be constituted by the persons referred to in section 152(1). 162 Relinquishment of board’s assets to local control (1) If the board receives a request in writing from an Aboriginal council established for a council area in which are situated premises in which the board’s business is carried on that the conduct of that business be transferred to it or to 1 or more members of the community resident in the area, the board may as soon as is practicable, enter into such contracts, transactions and arrangements as are necessary or desirable to transfer the conduct of the business to the council or to such member or members or other member or members of that community. (2) In discharge of the obligation prescribed by subsection (1) the board shall have regard to the resources of the person or persons to whom it is proposed that the conduct of the business in question should be transferred s 163 85 s 164 Community Services (Aborigines) Act 1984 and may transfer the conduct of the business on such terms and in such manner as it considers appropriate and prudent. (3) Any person aggrieved by the terms on which or manner in which the board proposes to transfer the conduct of a business to the person may apply to the Minister to review those terms or that manner. (4) The Minister may, after receiving the representations of the board and the applicant and making such inquiry as the Minister thinks fit, either confirm the board’s decision or vary it to such extent and in such manner as the Minister thinks fit. (5) The Minister’s decision shall be final and binding and shall be given effect by the board and all persons concerned. PART 10—ENTRY UPON AREAS 163 Entry upon public parts of areas (1) Any person is authorised to enter upon and be in any public place, road, park or other place of public resort within a council area or any place of business within a council area in the course of visiting the area or doing business within the area, if the person is there for a lawful purpose. (2) Any person is authorised to enter upon and be in any place within a council area, other than a place referred to in subsection (1), if the person is there for a lawful purpose as a guest or at the request of a member of the community resident in the area who is entitled to be in that place. 164 General authority to be in area Subject to this part— (a) an Aborigine or other person who, in either case, is a member of the community resident in a council area; or (b) a person who is discharging a function under this Act or any other Act that requires the person’s presence in a council area; is authorised to enter upon, be in and reside in that area. s 165 86 s 166 Community Services (Aborigines) Act 1984 165 Entry upon and temporary stay in areas (1) The following persons are authorised to enter upon and to be in a council area and to remain therein until the purpose of their entry to the area is fulfilled— (a) the Governor-General of Australia and the Governor of Queensland; (b) a person whose purpose in the area is to bring to residents of the area religious instruction, material comforts or medical aid; (c) a person whose purpose in the area is to instruct himself or herself on affairs within the area as a member of the Legislative Assembly of Queensland or of either House of the Parliament of the Commonwealth; (d) a person whose purpose in the area is to campaign as a bona fide candidate for election to the Legislative Assembly of Queensland or either House of the Parliament of the Commonwealth at an election for which a writ that requires its holding has been duly issued; (e) a person who is assisting or is acting under the direction or control of a person referred to in paragraphs (a) to (d), if such lastmentioned person is in the area. (2) A person shall not be taken to have the purpose of bringing religious instruction to residents of an area referred to in subsection (1) unless the person is a person or is of a class of person ordinarily used by a church or other religious organisation, which itself is recognised as such throughout Australia, as a religious instructor. 166 Power of Aboriginal council to regulate presence in area (1) An Aboriginal council may— (a) make by-laws that authorise persons of a class specified therein to enter, be in or reside in its council area; or (b) make by-laws not inconsistent with this Act that exclude persons of a class specified therein from its council area or that prohibit or restrict persons of a class specified therein from entering, being in or residing in that area. (2) An Aboriginal council must not make a by-law under this section in respect of land for which it is not trustee in its area unless— s 167 87 s 168 Community Services (Aborigines) Act 1984 (a) the council has— (i) made a reasonable effort to locate any persons (the “interested persons”) who have the right to exclude persons from the land; and (ii) explained the nature, purpose and effect of the proposed by-law to the interested persons; and (b) the interested persons have been given adequate opportunity to express their views on the proposed by-law; and (c) the interested persons the council has located have consented to the making of the proposed by-law; and (d) it has subsequently given the interested persons notice of not less than 1 month of its intention to make the by-law. (3) If land immediately before becoming Aboriginal land was subject to a by-law made by an Aboriginal council under this section, the by-law continues in force, but expires 1 year after the land becomes Aboriginal land. (4) If land for which the council is not trustee becomes part of the council’s council area after a by-law is made under this section regulating the presence of persons in the area, the by-law does not apply to the land until the council has followed the procedure in subsection (2) in relation to the land. 167 Excluded person entitled to reason Any person who is aggrieved by being excluded or prevented from entry upon, being in or residing in a council area or by his or her entry upon, presence or residence in a council area being restricted shall be entitled, upon demand therefor, to be given by the Aboriginal council concerned a notice in writing of the reason therefor. 168 Power of Aboriginal council to eject (1) In addition to all other powers had by it to remove persons from land of which it is trustee or occupier an Aboriginal council may cause its agents to remove from its council area— (a) any person who is there without authority conferred by this Act or the by-laws of the council; s 169 88 s 169 Community Services (Aborigines) Act 1984 (b) any person— (i) who belongs to a class of person that is excluded from the area by its by-laws; (ii) who belongs to a class of person whose entry to the area is prohibited by its by-laws; (iii) who, being a member of a class of person whose entry to, being in or residing in the area is restricted by its by-laws, has contravened or failed to comply with the relevant by-laws. (2) Any police officer, upon being requested so to do by an agent of an Aboriginal council, shall assist in the summary removal of any person under this section and, while so acting, is authorised to be in the area concerned. (3) No liability shall attach to any police officer by reason only of the fact that a person in whose removal from an area the officer has assisted should not have been so removed. (4) It is lawful to use reasonable force in the exercise of the power conferred by subsection (1) and in assisting therein. PART 11—ASSISTANCE SOUGHT BY ABORIGINES 169 Grant of aid (1) Subject to and in accordance with the regulations (if any) applicable to the grant in question, the chief executive may grant aid to any Aborigine who applies to the chief executive therefor and, where necessary, may apply therein money appropriated by Parliament for the purpose or money held for the benefit of Aborigines generally. (2) Subject as prescribed by subsection (1), aid granted under that subsection may be of such a type (in money, in kind, or by way of services) and may be granted in such circumstances, on such terms and conditions and, where granted by way of secured loan, on such security as the chief executive thinks fit. s 170 89 s 171 Community Services (Aborigines) Act 1984 170 Deposit of savings with banker (1) The chief executive is authorised to continue the facilities established as at the commencement of this Act in areas for the acceptance by the chief executive of money deposited by Aborigines by way of their savings and both the chief executive and the Aboriginal Industries Board are authorised to establish in areas new facilities of a like nature. (2) In this part the person providing such facilities is called “the banker”. (3) The banker shall in the first instance pay all moneys deposited with the banker by Aborigines by way of their savings— (a) where the banker is the chief executive—to the credit of the trust fund established as at the commencement of this Act with the Commonwealth Savings Bank of Australia or such other trust fund or trust funds as the banker may from time to time establish for the purpose; or (b) where the banker is the board—to the credit of such trust fund or trust funds as it may from time to time establish for the purpose. (4) The banker shall cause to be properly kept a separate record and account of all moneys deposited with the banker by each Aborigine by way of his or her savings and each such account shall be credited at least once in each year with an amount as interest earned by the amount standing to the credit of that account at a rate not less than the rate of interest payable by the Commonwealth Savings Bank of Australia in respect of its ordinary savings accounts. (5) Money deposited with the banker by Aborigines by way of their savings together with all interest accrued thereon shall be repayable at call and upon receipt of an authority signed or otherwise attested by the Aborigine on whose behalf money is so held or by another person authorised in writing by the Aborigine the chief executive shall arrange the withdrawal of the amount sought from the appropriate trust fund and the payment thereof to the Aborigine or as otherwise requested by the Aborigine. 171 Continuation of management of money (1) Where at the commencement of this Act property, being money, of an Aborigine is being managed under the Aborigines Act 1971 the chief executive is authorised to continue that management. s 172 90 s 173 Community Services (Aborigines) Act 1984 (2) Moneys of an Aborigine under the management of the chief executive pursuant to subsection (1) shall be deemed to be moneys deposited with the chief executive by the Aborigine by way of his or her savings and the provisions of section 170 shall apply accordingly. 172 Banker is a statutory body (1) The banker is a statutory body for the Statutory Bodies Financial Arrangements Act 1982. (2) The Statutory Bodies Financial Arrangements Act 1982, part 2B sets out the way in which the banker’s powers under this Act are affected by the Statutory Bodies Financial Arrangements Act 1982. 173 Administration of Aborigines’ estates (1) In the absence of a testamentary instrument duly made by an Aborigine who has died or is to be presumed to have died and if it should prove impracticable to ascertain the person or persons entitled in law to succeed to the estate of the Aborigine or any part of it, the chief executive may determine which person or persons shall be entitled to so succeed or whether any person is so entitled. (2) The person or persons determined by the chief executive to be entitled to succeed to an estate or to any part of it shall be the only person or persons entitled in law to succeed to the estate or, as the case may be, part and, if more than 1 person is so determined, to succeed in the order and proportions determined by the chief executive. (3) A certificate purporting to be signed by the chief executive that the person or persons named therein is or are entitled to succeed to the estate or any part of the estate of the person named therein (being a person to whose estate subsections (1) and (2) apply), or that there is no person so entitled shall be conclusive evidence of the matters contained therein. (4) If, so far as can be determined, there is no person entitled to succeed to the estate or a part of the estate of an Aborigine who has died or is to be presumed to have died the estate or, as the case may be, part shall vest in the chief executive who shall apply the moneys or the proceeds of the sale of any property (less the expenses (if any) of such sale) for the benefit of Aborigines generally as provided by section 169. s 174 91 s 176 Community Services (Aborigines) Act 1984 PART 12—GENERAL PROVISIONS 174 Aborigines’ right to certain natural resources (1) Subject to sections 62 and 93 of the Nature Conservation Act 1992, but despite the provisions of any other Act, a member of a community of Aborigines resident in a council area shall not be liable to prosecution as for an offence for taking marine products or fauna by traditional means for consumption by members of the community. (2) Subsection (1) shall not be construed to authorise the sale or other disposal for gain of any marine product or fauna taken by traditional means. 175 Aborigines’ right to certain forest products and quarry material—Aboriginal land (1) If there is no reservation to the Crown of forest products or quarry material, within the meaning of the Forestry Act 1959, above, on or below the surface of Aboriginal land, the Aboriginal council for the council area in which the land is situated may, subject to subsection (2), authorise the gathering or digging, and removal, of forest products or quarry material for use in the council area. (2) An Aboriginal council must not give an authority unless— (a) the authority is given under an agreement between the Aboriginal council and the grantees of the land; or (b) failing agreement, the Aboriginal council pays the grantees of the land such compensation as is determined by the Land Court. 176 Aborigines’ right to certain forest products and quarry material—non-Aboriginal land (1) Subject to sections 62 and 93 of the Nature Conservation Act 1992, but despite any other Act, a member of a community of Aborigines that lives in an Aboriginal council’s council area is not liable to prosecution for an offence for taking forest products or quarry material, within the meaning of the Forestry Act 1959, from above, on or below the surface of trust land held by the council, for use within the council’s area. (2) Subsection (1) does not authorise the sale or other disposal for gain of forest products or quarry material taken under that subsection. s 177 92 s 180 Community Services (Aborigines) Act 1984 (3) Despite the Forestry Act 1959, an Aboriginal council may authorise the gathering or digging, and removal of forest products or quarry material from above, on or below the surface of trust land held by the council, for use within the council’s area. (4) The forest products or quarry material may be gathered or dug, and removed, under subsection (3) without the payment of royalty. (5) In this section— “trust land” means land that is trust land for the benefit of Aboriginal or Torres Strait Islander inhabitants or for Aboriginal or Torres Strait Islander purposes under the Land Act 1994. 177 Obstruction, intimidation and assault A person shall not assault or wilfully obstruct or intimidate, or attempt so to do, another in the discharge or exercise by that other of the other’s functions, duties or powers under this Act. 178 General penalty for offence A person who contravenes or fails to comply with any provision of this Act commits an offence against this Act and, except where another penalty is expressly provided by this Act for that offence is liable to a penalty of 7 penalty units or to imprisonment for 6 months. 179 Magistrates Court not to have jurisdiction for certain offences (1) If— (a) there is an Aboriginal Court for an area; and (b) a regulation provides that a proceeding for a specified offence against a regulation must be started in an Aboriginal Court; a Magistrates Court does not have jurisdiction. (2) In a proceeding before a Magistrates Court for an offence, it is a defence to prove that the defendant has already been dealt with by an Aboriginal Court for the offence. 180 Evidentiary aids (1) In proceedings to enforce a penalty for an offence against this Act— s 181 93 s 182 Community Services (Aborigines) Act 1984 (a) an averment in the complaint that a person named therein is part of the community that resides in a council area shall be conclusive evidence thereof until the contrary is proved; (b) it shall not be necessary to prove the appointment or signature of the chief executive or the authority of the complainant to lay the complaint; (c) it shall not be necessary to prove the limits of a council area. (2) Subsections (3) and (4) apply to a proceeding for an offence against section 103(1).15 (3) A statement in the complaint for the offence that fluid was in a container of a type that usually holds alcohol is evidence that the fluid was alcohol. (4) A certificate purporting to be signed by an analyst stating the results of an analysis of a fluid is evidence of the results of the analysis. (5) In this section— “analyst” see the Health Act 1937, section 5(1).16 181 Approved forms The chief executive may approve forms for use under this Act. 182 Regulation-making power The Governor in Council may make regulations not inconsistent with this Act with respect to— (a) the functions, duties and powers of the chief executive and officers of the department, and the manner of discharging or exercising those functions, duties and powers; and (b) the extent of and the manner of exercising the jurisdiction of Aboriginal Courts and the procedures thereof; and 15 Section 103 (Possession or consumption of alcohol in or on dry place) 16 Health Act 1937, section 5(1)— “analyst”, other than for a relevant provision or part 4A, means a person appointed under section 27 as a State analyst or a person holding accreditation of a kind prescribed under a regulation. s 182 94 s 182 Community Services (Aborigines) Act 1984 (c) the manner of enforcing decisions of Aboriginal Courts; and (d) the self-management and good government of Aborigines; and (e) the skills development, training and employment of Aborigines; and (f) the composition of Aboriginal councils; and (g) the qualification of candidates for membership of those councils; and (h) the franchise for elections of those councils and the conduct of those elections; and (i) the appointment, powers and duties of returning officers for those elections; and (j) the filling of casual vacancies in membership of those councils; and (k) the selection of chairperson and deputy chairperson of Aboriginal councils and the Aboriginal Coordinating Council; and (l) the appointment of clerk of an Aboriginal council; and (m) the inspection of records of an Aboriginal council by or on behalf of the chief executive; and (n) the composition of Aboriginal police forces and conditions of service of Aboriginal police officers; and (o) the granting of aid to Aborigines; and (p) the conditions on which aid may be granted; and (q) the obligations of persons to whom aid is granted; and (r) the management and control of the funds of Aboriginal councils known as community funds or of the Aboriginal Coordinating Council; and (s) the payments into and disbursements from those funds; and (t) the business and conduct of meetings of Aboriginal councils or community justice groups, including, for example, about the following— (i) the times and places of meetings; (ii) the quorum for meetings; s 182 95 s 182 Community Services (Aborigines) Act 1984 (iii) the presiding member at meetings; (iv) the disclosure of a member’s interest before meetings; and (u) the venue and regularity thereof; and (v) the access thereto of members of the community of Aborigines resident in the council area for which an Aboriginal council is established; and (w) the establishment, maintenance, management and control of such trust funds and accounts as are necessary or desirable for the care of moneys of Aborigines deposited with the chief executive or the Aboriginal Industries Board or for the administration of Aborigines’ estates or for the disposal of unclaimed money; and (x) the establishment, maintenance, management and control of funds to indemnify Aborigines against loss of or damages to vessels, equipment or machinery, and to compensate Aborigines and their dependants for death or personal injury sustained by a person in the course of the person’s employment if compensation is not payable under the Workers’ Compensation and Rehabilitation Act 2003; and (y) the basis on which such indemnity or compensation is payable; and (z) the maintenance and application of the Aborigines Welfare Fund maintained by the corporation; and (za) meetings of the Aboriginal Industries Board and attendances thereat; and (zb) the accounts and records to be kept by the board, either generally or in relation to a particular business of the board; and (zc) the manner of keeping such accounts and records and of the performance of the board’s activities; and (zd) the functions, powers and duties of the board’s officers, clerks and employees; and (ze) the security and protection of the board’s property; and (zf) the forms to be used for the purposes of this Act and the purposes for which they are to be used; and (zg) the procedure to be adopted in relation to any application to be made under this Act; and s 183 96 s 184 Community Services (Aborigines) Act 1984 (zh) the fees to be paid for the purposes of this Act and the purposes for which they are to be paid; and (zi) penalties for breaches of the regulations not exceeding in any case $200; and (zj) all matters required or permitted by this Act to be prescribed and in respect of which the manner or prescription is not otherwise provided for; and (zk) all matters and things for which it is necessary or convenient to provide for the proper administration of this Act or for achieving the objects and purposes of this Act. PART 13—ASSISTANCE TO AND REVIEW OF ABORIGINAL COUNCILS 183 Assistance to Aboriginal councils (1) Each of them, the Minister and the chief executive is authorised to provide to any Aboriginal council, from the resources of the department, such assistance by way of— (a) making available the services of officers of the department; or (b) financial aid; as in his or her opinion is necessary to enable the council to adequately discharge and exercise its functions, duties and powers. (2) A person who is assigned to perform work by way of assistance to an Aboriginal council shall be taken to be discharging a function under this Act while the person is engaged in that assignment. 184 Use of churches etc. for provision of assistance (1) Subject to subsection (2), the authority conferred by section 183 on the Minister and the chief executive includes authority— (a) to make arrangements with any church or religious organisation that works for the welfare of Aborigines with respect to the provision of assistance under that section; and s 185 97 s 185 Community Services (Aborigines) Act 1984 (b) to provide assistance under that section to the church or organisation with whom the arrangements are made for application in accordance with the arrangements. (2) Where the provision of assistance referred to in subsection (1) is for a particular council area, the authority specified by that subsection shall not be exercised except with the approval of the Aboriginal council established for that area first had and obtained. PART 14—TRANSITIONAL PROVISIONS Division 1—Transitional provision for Community Services Legislation Amendment Act 1999 185 Transitional provision for council areas (1) On the commencement, each Aboriginal council’s existing area continues as its council area, under the same name, as if— (a) the existing area had been declared to be a council area under a regulation under section 39; and (b) the council had been established for the area. (2) To remove any doubt, it is declared that the continuance of an existing area as a council area under this section does not affect anything done in relation to the existing area before the commencement. (3) For example, on the commencement— (a) Aboriginal police and authorised officers appointed for an existing area immediately before the commencement continue to be appointed for the area; and (b) an Aboriginal Court constituted for an existing area immediately before the commencement continues to be constituted for the area. (4) A regulation under section 39 may declare a part of the State (the “declared area”) to be a council area even though all or part of the declared area is a council area because of subsection (1). (5) In this section— s 186 98 s 187 Community Services (Aborigines) Act 1984 “commencement” means the commencement of the Community Services Legislation Amendment Act 1999, section 17.17 “existing area”, for an Aboriginal council, means the area that, immediately before the commencement, was the trust area for which the council was established. Division 2—Transitional provision for Community Services Legislation Amendment Act 2002 186 Transitional provision for process for making by-laws (1) This section applies if— (a) before the commencement of this section, an Aboriginal council had, under section 26, started the process of making a by-law under the section; and (b) immediately before the commencement, the process for making the by-law had not finished. (2) Despite their repeal, sections 26 and 2718 continue to apply to the making of the by-law as if they had not been repealed. PART 15—VALIDATING PROVISIONS 187 Validation of particular rates (1) This section applies to a rate that, before the commencement of this section, an Aboriginal council purported to make and levy on residents on the basis of a by-law made under section 52(1) or under a resolution made under section 47(9) or 52(2) as in force immediately before the commencement. 17 Community Services Legislation Amendment Act 1999, section 17 commenced 21 January 2000 (see 2000 SL No. 6). 18 Repealed sections 26 (Provisions concerning making of by-laws) and 27 (Subsequent action as to by-laws) s 187 99 s 187 Community Services (Aborigines) Act 1984 (2) On the commencement, the rate is taken to be, and to always have been, validly made and levied. 100 Community Services (Aborigines) Act 1984 ENDNOTES 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .100 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .101 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .101 5 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .102 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .102 7 Table of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .104 8 Table of renumbered provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .115 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 1 July 2003. Future amendments of the Community Services (Aborigines) Act 1984 may be made in accordance with this reprint under the Reprints Act 1992, section 49. 101 Community Services (Aborigines) Act 1984 3 Key Key to abbreviations in list of legislation and annotations 4 Table of reprints Reprints are issued for both future and past effective dates. For the most up-to-date table of reprints, see the reprint with the latest effective date. If a reprint number includes a letter of the alphabet, the reprint was released in unauthorised, electronic form only. TABLE OF REPRINTS Key Explanation Key Explanation AIA = Acts Interpretation Act 1954 (prev) = previously amd = amended proc = proclamation amdt = amendment prov = provision ch = chapter pt = part def = definition pubd = published div = division R[X] = Reprint No.[X] exp = expires/expired RA = Reprints Act 1992 gaz = gazette reloc = relocated hdg = heading renum = renumbered ins = inserted rep = repealed lap = lapsed (retro) = retrospectively notfd = notified rv = revised edition o in c = order in council s = section om = omitted sch = schedule orig = original sdiv = subdivision p = page SIA = Statutory Instruments Act 1992 para = paragraph SIR = Statutory Instruments Regulation 2002 prec = preceding SL = subordinate legislation pres = present sub = substituted prev = previous unnum = unnumbered Reprint No. Amendments included Effective Reprint date 1 to 1994 Act No. 15 10 May 1994 23 May 1994 1A to 1996 Act No. 75 1 February 1997 12 February 1997 1B to 1996 Act No. 75 1 June 1997 17 November 1997 2 to 1996 Act No. 75 1 June 1997 30 September 1998 2A to 1999 Act No. 29 1 July 1999 29 September 1999 2B to 1999 Act No. 59 29 November 1999 6 December 1999 2C to 1999 Act No. 59 21 January 2000 30 January 2000 3 to 2000 Act No. 5 23 March 2000 7 April 2000 3A to 2000 Act No. 23 1 July 2000 21 July 2000 3B to 2000 Act No. 23 28 September 2000 11 October 2000 3C to 2001 Act No. 49 28 June 2001 12 July 2001 3D to 2001 Act No. 80 26 April 2002 26 April 2002 3E to 2001 Act No. 80 6 June 2002 14 June 2002 (Column discontinued) 102 Community Services (Aborigines) Act 1984 5 Tables in earlier reprints TABLES IN EARLIER REPRINTS 6 List of legislation Community Services (Aborigines) Act 1984 No. 51 date of assent 15 May 1984 ss 1–2 commenced on date of assent remaining provisions commenced 31 May 1984 (see s 2(2)) amending legislation— Liquor Act and Other Acts Amendment Act 1985 No. 81 s 39 date of assent 20 November 1985 commenced 1 July 1986 (proc pubd gaz 28 June 1986 p 1777) Community Services (Aborigines) Act Amendment Act 1986 No. 43 date of assent 25 September 1986 commenced on date of assent Public Service (Administrative Arrangements) Act 1990 (No. 2) No. 80 s 3 sch 3 pts A, C date of assent 14 November 1990 s 3 sch 3 pt A commenced 7 December 1989 (see s 2(4)(a)) remaining provisions commenced 1 December 1990 (see 1991 Act No. 97 s 5 sch 5) Referendums Legislation Amendment Act 1990 No. 101 pt 4 date of assent 12 December 1990 commenced on date of assent Community Services (Aborigines) Act Amendment Act 1990 No. 104 date of assent 18 December 1990 commenced on date of assent Reprint No. Amendments included Effective Notes 3F to 2002 Act No. 46 24 September 2002 R3F withdrawn, see R4 4 to 2002 Act No. 46 24 September 2002 4A to 2003 Act No. 27 1 July 2003 Name of table Reprint No. Changed citations and remade laws 1 Changed names and titles 1 Corrected minor errors 4 Obsolete and redundant provisions 1 Renumbered provisions 1, 4 103 Community Services (Aborigines) Act 1984 Justices of the Peace and Commissioners for Declarations Act 1991 No. 50 ss 1–2, pt 5 date of assent 10 September 1991 ss 1–2 commenced on date of assent remaining provisions commenced 1 November 1991 (1991 SL No. 113) Aboriginal and Torres Strait Islander Land (Consequential Amendments) Act 1991 No. 76 pts 1, 4 date of assent 21 November 1991 ss 1–2 commenced on date of assent remaining provisions commenced 21 December 1991 (1991 SL No. 223) Nature Conservation Act 1992 No. 20 ss 1–2, 159 sch 2 (this Act is amended, see amending legislation below) date of assent 22 May 1992 ss 1–2 commenced on date of assent remaining provisions commenced 19 December 1994 (1994 SL No. 472) amending legislation— Nature Conservation Amendment Act 1994 No. 42 ss 1–2 sch (amends 1992 No. 20 above) date of assent 14 September 1994 commenced on date of assent Local Government Act 1993 No. 70 pt 1, s 804 sch date of assent 7 December 1993 ss 1–2 commenced on date of assent remaining provisions commenced 26 March 1994 (see s 2(5)) Statute Law (Miscellaneous Provisions) Act (No. 2) 1993 No. 76 ss 1–3 sch 1 date of assent 14 December 1993 commenced on date of assent Statute Law (Miscellaneous Provisions) Act 1994 No. 15 ss 1–3 sch 1 date of assent 10 May 1994 commenced on date of assent Public Service Act 1996 No. 37 ss 1–2, 147 sch 2 date of assent 22 October 1996 ss 1–2 commenced on date of assent remaining provisions commenced 1 December 1996 (1996 SL No. 361) Statutory Bodies Financial Arrangements Amendment Act 1996 No. 54 ss 1–2, 9 sch date of assent 20 November 1996 ss 1–2 commenced on date of assent remaining provisions commenced 1 June 1997 (1997 SL No. 128) WorkCover Queensland Act 1996 No. 75 ss 1–2, 535 sch 2 date of assent 12 December 1996 ss 1–2 commenced on date of assent remaining provisions commenced 1 February 1997 (1996 SL No. 442) Financial Administration Legislation Amendment Act 1999 No. 29 ss 1–2, 50 sch date of assent 16 June 1999 ss 1–2, 50 commenced on date of assent 104 Community Services (Aborigines) Act 1984 remaining provisions commenced 1 July 1999 (1999 SL No. 122 and see 1999 SL No. 119, 1999 SL No. 70 s 2(3)) Community Services Legislation Amendment Act 1999 No. 53 pts 1–2, s 35 sch date of assent 18 November 1999 ss 1–2 commenced on date of assent remaining provisions commenced 21 January 2000 (2000 SL No. 6) Local Government and Other Legislation Amendment Act (No. 2) 1999 No. 59 ss 1, 2(7), pt 5, s 60 sch date of assent 29 November 1999 commenced on date of assent Police Powers and Responsibilities Act 2000 No. 5 ss 1–2(1)–(2), 373 sch 2 date of assent 23 March 2000 commenced on date of assent (see s 2(1)–(2)) GST and Related Matters Act 2000 No. 20 ss 1, 2(4), 29 sch 3 date of assent 23 June 2000 ss 1–2 commenced on date of assent remaining provisions commenced 1 July 2000 (see s 2(4)) Training and Employment Act 2000 No. 23 ss 1, 2(3), 293 sch 2 date of assent 27 June 2000 ss 1–2 commenced on date of assent remaining provisions commenced 28 September 2000 (2000 SL No. 248) Community Services Legislation Amendment Act 2001 No. 49 pts 1–2 date of assent 28 June 2001 ss 1–2 commenced on date of assent ss 6(1), 7–8 commenced 26 April 2002 (2002 SL No. 84) remaining provisions commenced on date of assent Constitution of Queensland 2001 No. 80 ss 1–2, 94 sch 2 date of assent 3 December 2001 ss 1–2 commenced on date of assent remaining provisions commenced 6 June 2002 (see s 2) Community Services Legislation Amendment Act 2002 No. 46 s 1, pt 2, s 3(2) sch date of assent 24 September 2002 commenced on date of assent Workers’ Compensation and Rehabilitation Act 2003 No. 27 ss 1–2(2), 622 sch 5 date of assent 23 May 2003 ss 1–2 commenced on date of assent remaining provisions commenced 1 July 2003 (see s 2(2)) 7 List of annotations This reprint has been renumbered—see table of renumbered provisions in endnote 8. Savings s 3 prev s 3 om R1 (see RA s 36) 105 Community Services (Aborigines) Act 1984 pres s 3 amd 1986 No. 43 s 2; 1990 No. 80 s 3 sch 3 pt C; R1 (see RA ss 37, 39); 1999 No. 29 s 50 sch Definitions prov hdg sub 1999 No. 53 s 4(1) s 4 prev s 4 om R1 (see RA s 40) pres s 4 amd 1986 No. 43 s 3(a), (d); 1999 No. 53 s 4(6) def “Aboriginal Council Accounting Standards” ins 2001 No. 49 s 4 def “Aboriginal land” ins 1991 No. 76 s 15(1) amd 1999 No. 53 s 35 sch def “Aboriginal police officer” ins 2002 No. 46 s 4 def “Aborigine” sub 1986 No. 43 s 3(b)–(c); 1990 No. 104 s 3(a) om R1 (see RA s 39) def “advertised proposed by-law” ins 2002 No. 46 s 4 def “alcohol” ins 2002 No. 46 s 4 def “amended proposed by-law” ins 2002 No. 46 s 4 def “appealable decision” ins 2002 No. 46 s 4 def “approved form” ins 2002 No. 46 s 4 def “area” om 1999 No. 53 s 4(2) def “by-laws” amd 1999 No. 53 s 4(4)–(5) def “canteen” ins 2002 No. 46 s 4 def “certified copy” ins 2002 No. 46 s 4 def “closing day for objections and submissions” ins 2002 No. 46 s 4 def “community area” ins 2002 No. 46 s 4 def “community council” ins 2002 No. 46 s 4 def “community justice group” ins 2002 No. 46 s 4 def “consultation period” ins 2002 No. 46 s 4 def “coordinator” ins 2002 No. 46 s 4 def “corporation” sub 1990 No. 80 s 3 sch 3 pt C def “council area” ins 1999 No. 53 s 4(3) def “Department” sub 1990 No. 80 s 3 sch 3 pt A om R1 (see RA s 39) def “Director-General” ins 1990 No. 80 s 3 sch 3 pt A om R1 (see RA s 39) def “drafting certificate” ins 2002 No. 46 s 4 def “dry place” ins 2002 No. 46 s 4 def “entity” ins 2002 No. 46 s 4 def “Islander” ins 1990 No. 104 s 3(b) def “liquor provisions” ins 2002 No. 46 s 4 def “member” ins 2002 No. 46 s 4 def “Minister” om R1 (see RA s 39) def “model by-law” ins 2002 No. 46 s 4 def “non-Aboriginal land” ins 1991 No. 76 s 15(1) def “notional GST” ins 2000 No. 20 s 29 sch 3 def “police officer in charge” ins 2002 No. 46 s 4 def “possess” ins 2002 No. 46 s 4 def “private place” ins 2002 No. 46 s 4 def “proposed authorising law” ins 2002 No. 46 s 4 def “proposed by-law” ins 2002 No. 46 s 4 def “public place” ins 2002 No. 46 s 4 106 Community Services (Aborigines) Act 1984 def “required number” ins 2002 No. 46 s 4 def “State interest” ins 2002 No. 46 s 4 def “subordinate by-law” ins 2002 No. 46 s 4 def “trust area” amd 1990 No. 80 s 3 sch 3 pt A sub 1991 No. 76 s 15(2) om 1999 No. 53 s 4(2) def “Under Secretary” om 1990 No. 80 s 3 sch 3 pt A Meaning of “conclusion” of election for Aboriginal council s 5 ins 1999 No. 53 s 5 Responsible officer s 6 amd 1990 No. 80 s 3 sch 3 pt A Corporation s 7 amd 1990 No. 80 s 3 sch 3 pt A sub 1990 No. 80 s 3 sch 3 pt C Corporation of chief executive is statutory body s 8 ins 1996 No. 54 s 9 sch Consequences of constitution of corporation s 9 ins 1990 No. 80 s 3 sch 3 pt C Agents of department s 10 amd 1990 No. 80 s 3 sch 3 pt A Power of delegation s 11 amd 1990 No. 80 s 3 sch 3 pt A Appointment of magistrates to trust areas s 12 amd 1990 No. 80 s 3 sch 3 pt A sub 1990 No. 104 s 4 amd 1999 No. 53 s 35 sch Annual report on administration s 14 amd 1990 No. 80 s 3 sch 3 pt A PART 3—INTERVENTION BY THE STATE pt hdg ins 1999 No. 53 s 6 Division 1—Powers of intervention div hdg ins 1999 No. 53 s 6 Procedures before exercise of certain powers s 15 ins 1999 No. 53 s 6 Revocation and suspension of resolutions and orders s 16 ins 1999 No. 53 s 6 Effect of revocation or suspension s 17 ins 1999 No. 53 s 6 Overruling by-laws s 18 ins 1999 No. 53 s 6 amd 2002 No. 46 s 5 107 Community Services (Aborigines) Act 1984 Appointment of financial controller s 19 ins 1999 No. 53 s 6 Dissolution of Aboriginal council s 20 prev s 20 om 1999 No. 53 s 35 sch pres s 20 ins 1999 No. 53 s 6 amd 2001 No. 80 s 94 sch 2 Abolition of joint Aboriginal council and its area s 21 prev s 21 om 1999 No. 53 s 35 sch pres s 21 ins 1999 No. 53 s 6 Division 2—Administrators div hdg ins 1999 No. 53 s 6 When administrator may be appointed s 22 prev s 22 om 1999 No. 53 s 35 sch pres s 22 ins 1999 No. 53 s 6 Jurisdiction, powers and duties of administrator s 23 prev s 23 amd 1990 No. 80 s 3 sch 3 pt A om 1990 No. 104 s 6 pres s 23 ins 1999 No. 53 s 6 Title of administrator s 24 prev s 24 om 1990 No. 104 s 7 pres s 24 ins 1999 No. 53 s 6 Committee to help administrator s 25 ins 1999 No. 53 s 6 Conditions of appointment as administrator or member of committee s 26 prev s 26 amd 1991 No. 76 s 16; 1999 No. 53 s 35 sch om 2002 No. 46 s 7 pres s 26 ins 1999 No. 53 s 6 Recovery of amounts from Aboriginal councils s 27 prev s 27 amd 1999 No. 53 s 35 sch om 2002 No. 46 s 7 pres s 27 ins 1999 No. 53 s 6 Role of committee s 28 ins 1999 No. 53 s 6 Decision by Minister on referral by administrator s 29 ins 1999 No. 53 s 6 Separate budgets for funds s 29A ins 1990 No. 104 s 10 om 1999 No. 53 s 9 Budget provisions apply to other funds s 29E ins 1990 No. 104 s 10 om 1999 No. 53 s 12 108 Community Services (Aborigines) Act 1984 Procedures of committee s 30 prev s 30 om 1990 No. 104 s 11 pres s 30 ins 1999 No. 53 s 6 Termination of administrator’s appointment s 31 prev s 31 om 1990 No. 104 s 11A pres s 30 ins 1999 No. 53 s 6 Termination of appointment of committee member etc. s 32 ins 1999 No. 53 s 6 Division 3—Financial controller div hdg ins 1999 No. 53 s 6 Functions of financial controller s 33 ins 1999 No. 53 s 6 Power of financial controller to revoke and suspend resolutions and orders s 34 ins 1999 No. 53 s 6 Effect of revocation or suspension s 35 ins 1999 No. 53 s 6 Financial controller’s employment conditions s 36 ins 1999 No. 53 s 6 Recovery of amounts from Aboriginal councils s 37 ins 1999 No. 53 s 6 Termination of financial controller’s appointment s 38 ins 1999 No. 53 s 6 PART 4—LOCAL GOVERNMENT OF AREAS Declaration of council areas s 39 amd 1986 No. 43 s 4; 1990 No. 104 s 5 sub 1999 No. 53 s 7 Aboriginal council required for each council area s 40 ins 1999 No. 53 s 7 Implementation of council area s 41 ins 1999 No. 53 s 7 Incorporation of Aboriginal councils s 42 amd 1999 No. 53 s 35 sch Tenure of office of councillors s 43 amd 1999 No. 59 s 60 sch Times for election of councillors s 44 amd 1986 No. 43 s 5; R1 (see RA s 37); 1999 No. 53 s 35 sch; 1999 No. 59 s 60 sch; 2001 No. 49 s 5 Voters roll prov hdg sub 1999 No. 53 s 35 sch s 45 amd 1990 No. 101 s 16; R1 (see RA s 37); 1999 No. 53 s 35 sch; 1999 No. 59 s 60 sch 109 Community Services (Aborigines) Act 1984 Relationship of council area to local government area prov hdg amd R1 (see RA s 23); 1999 No. 53 s 35 sch s 46 amd 1986 No. 43 s 6; 1999 No. 53 s 35 sch Functions of Aboriginal councils s 47 amd 1986 No. 43 s 7; 1990 No. 104 s 8; 1999 No. 53 s 35 sch; 2001 No. 49 s 6; 2002 No. 46 s 6 Power of council to lend an amount to an adult resident s 48 ins 2001 No. 49 s 7 Disclosure of interests at meetings s 49 ins 1990 No. 104 s 9 Division 2—Financial operations of Aboriginal councils div hdg ins 1999 No. 53 s 8 Issue of standards s 50 ins 1999 No. 53 s 8 amd 2000 No. 20 s 29 sch 3; 2001 No. 49 s 8 Standards must be complied with s 51 ins 1999 No. 53 s 8 Area rate and other charges s 52 amd 1999 No. 59 s 38 (5)–(6) exp 21 January 2000 (see s 52(6) amd 1999 No. 59 s 38 and 2000 SL No. 6) Annual budget to be prepared s 53 amd 1990 No. 80 s 3 sch 3 pt A sub 1990 No. 104 s 10 Adoption of budget s 54 ins 1990 No. 104 s 10 amd 1999 No. 53 s 35 sch Framing of budget s 55 ins 1990 No. 104 s 10 amd 1999 No. 53 s 10 Amendment of budget s 56 ins 1999 No. 53 s 11 Unexpended votes to lapse s 57 ins 1990 No. 104 s 10 Provisions in respect of loan repayments s 58 ins 1990 No. 104 s 10 amd 1999 No. 53 s 13 Illegal expenditure s 59 ins 1990 No. 104 s 10 amd 1999 No. 53 s 14 110 Community Services (Aborigines) Act 1984 Accounts prov hdg amd 1990 No. 104 s 12(a) s 60 amd 1986 No. 43 s 8; 1990 No. 80 s 3 sch 3 pt A; 1990 No. 104 s 12(b)–(c); 1999 No. 53 s 35 sch Special accounting provision for particular payments s 61 ins 2002 No. 46 s 8 Preparation of financial statements s 62 ins 1990 No. 104 s 13 Certification of annual financial statements s 63 ins 1990 No. 104 s 13 Auditor-general to audit accounts of council s 64 ins 1990 No. 104 s 13 Auditor-general to certify annual financial statements s 65 ins 1990 No. 104 s 13 Presentation of annual financial statements s 66 ins 1990 No. 104 s 13 amd 1999 No. 53 s 35 sch Access to accounts s 67 ins 1990 No. 104 s 13 Power to require furnishing of information and the like s 68 ins 1990 No. 104 s 13 General reporting provisions s 69 ins 1990 No. 104 s 13 Financial statements s 70 sub 1986 No. 43 s 9 amd 1990 No. 104 s 14 Aboriginal councils are statutory bodies s 71 sub 1993 No. 70 s 804 sch; 1996 No. 54 s 9 sch amd 1999 No. 53 s 35 sch Chief executive may require information from Aboriginal council s 72 prev s 72 om 1996 No. 54 s 9 sch pres s 72 ins 2000 No. 20 s 29 sch 3 Jurisdiction and powers of police s 73 amd 1999 No. 53 s 35 sch; 2002 No. 46 s 3(2) sch Entry upon council areas etc. prov hdg amd 1999 No. 53 s 35 sch s 74 amd 1999 No. 53 s 35 sch Application to council areas of laws relating to public places s 75 sub 1990 No. 104 s 15 amd 1999 No. 53 s 35 sch 111 Community Services (Aborigines) Act 1984 Aboriginal police s 76 prev s 76 om 1985 No. 81 s 39(1)(a) pres s 76 amd 1999 No. 53 s 35 sch; 2002 No. 46 s 3(2) sch Discharge of Aboriginal police officers’ functions etc. prov hdg amd 2002 No. 46 s 3(2) sch s 77 amd 1999 No. 53 s 35 sch; 2002 No. 46 ss 9, 3(2) sch Other functions of Aboriginal police officers prov hdg amd 2002 No. 46 s 3(2) sch s 78 amd 1999 No. 53 s 35 sch; 2002 No. 46 s 3(2) sch Indemnification of Aboriginal police officer for liability for tort s 79 ins 1994 No. 15 s 3 sch 1 Aboriginal Courts s 80 amd 1986 No. 43 s 10; 1991 No. 50 s 5.01(2); 1999 No. 53 s 35 sch Jurisdiction of Aboriginal Courts s 81 amd 1986 No. 43 s 11; 1999 No. 53 s 35 sch Limitation of jurisdiction s 82 amd 1986 No. 43 s 12 sub 1990 No. 104 s 16 amd 1999 No. 53 s 35 sch Division 5—Authorised officers div hdg ins 1990 No. 104 s 17 Authorised officers s 84 ins 1990 No. 104 s 17 amd 1991 No. 76 s 17; 1999 No. 53 s 35 sch General powers of authorised officers s 85 ins 1990 No. 104 s 17 amd 1999 No. 53 s 35 sch; 2000 No. 5 s 373 sch 2; 2002 No. 46 s 3(2) sch PART 5—COMMUNITY JUSTICE GROUPS pt hdg ins 2002 No. 46 s 10 Division 1—Establishment, functions and powers div hdg ins 2002 No. 46 s 10 Establishment s 86 ins 2002 No. 46 s 10 Functions and powers s 87 prev s 87 ins 2002 No. 46 s 17 om R4 (see RA s 37) pres s 87 ins 2002 No. 46 s 10 Division 2—Provisions about membership of groups and group coordinators div 2 (ss 88–90) ins 2002 No. 46 s 10 Division 3—Miscellaneous provisions div 3 (ss 91–93) ins 2002 No. 46 s 10 112 Community Services (Aborigines) Act 1984 PART 6—CONTROL OF POSSESSION AND CONSUMPTION OF ALCOHOL IN COMMUNITY AREAS pt hdg ins 2002 No. 46 s 11 Division 1—Preliminary div 1 (ss 94–95) ins 2002 No. 46 s 11 Division 2—Dry places div 2 (ss 96–101) ins 2002 No. 46 s 11 Division 3—Offences div 3 (ss 102–105) ins 2002 No. 46 s 11 Division 4—Appeals div 4 (ss 106–112) ins 2002 No. 46 s 11 Division 5—Miscellaneous provision div 5 (s 113) ins 2002 No. 46 s 11 PART 7—PROVISIONS ABOUT MAKING BY-LAWS AND SUBORDINATE BY-LAWS pt hdg ins 2002 No. 46 s 12 Division 1—Preliminary div 1 (s 114) ins 2002 No. 46 s 12 Division 2—Publishing model by-laws and power to make subordinate by-laws div 2 (ss 115–116) ins 2002 No. 46 s 12 Division 3—Process for making by-laws div 3 (ss 117–126) ins 2002 No. 46 s 12 Division 4—Process for making subordinate by-laws div 4 (ss 127–134) ins 2002 No. 46 s 12 Division 5—Commencement and status of by-laws and subordinate by-laws div 5 (ss 135–140) ins 2002 No. 46 s 12 Membership of council s 142 sub 1986 No. 43 s 13 amd 1999 No. 59 s 60 sch Functions of council s 143 amd 1986 No. 43 s 14; 1990 No. 80 s 3 sch 3 pt A; 1999 No. 53 s 35 sch Divisions of Aboriginal communities s 145 amd 1999 No. 53 s 35 sch; 2001 No. 49 s 9 Selection of board members s 146 amd 1999 No. 53 s 35 sch; 2001 No. 49 s 10 Casual vacancy in office of selected member s 147 amd 1999 No. 53 s 35 sch Particular functions of council s 148 amd 1999 No. 53 s 35 sch 113 Community Services (Aborigines) Act 1984 Budget of Aboriginal Coordinating Council s 149 ins 1986 No. 43 s 15 amd 1993 No. 76 s 3 sch 1 sub 1996 No. 54 s 9 sch Declaration that Aboriginal Coordinating Council is statutory body s 150 ins 1986 No. 43 s 15 sub 1996 No. 54 s 9 sch Membership of board s 152 amd 1986 No. 43 s 16; 1990 No. 80 s 3 sch 3 pt A Officers and employees of board s 155 amd 1996 No. 37 s 147 sch 2 Powers of board s 156 amd 1990 No. 80 s 3 sch 3 pt A; 1996 No. 54 s 9 sch; 2000 No. 23 s 293 sch 2 Board is statutory body s 158 ins 1996 No. 54 s 9 sch Relinquishment of board’s assets to local control s 162 amd 1999 No. 53 s 35 sch Entry upon public parts of areas s 163 amd 1999 No. 53 s 35 sch General authority to be in area s 164 amd 1999 No. 53 s 35 sch; 2001 No. 49 s 11 Entry upon and temporary stay in areas s 165 amd 1999 No. 53 s 35 sch Power of Aboriginal council to regulate presence in area s 166 amd 1991 No. 76 s 18; 1999 No. 53 s 15 Excluded person entitled to reason s 167 amd 1999 No. 53 s 35 sch Power of Aboriginal council to eject s 168 amd 1999 No. 53 s 35 sch Grant of aid s 169 amd 1990 No. 80 s 3 sch 3 pt A Deposit of savings with banker s 170 amd 1990 No. 80 s 3 sch 3 pt A Continuation of management of money s 171 amd 1990 No. 80 s 3 sch 3 pt A Banker is a statutory body s 172 sub 1996 No. 54 s 9 sch Administration of Aborigines’ estates s 173 amd 1990 No. 80 s 3 sch 3 pt A; 1990 No. 104 s 18; 1999 No. 53 s 35 sch 114 Community Services (Aborigines) Act 1984 PART 12—PROVISION FOR REPRINTING ACT pt hdg prev pt 12 hdg ins 2002 No. 46 s 17 om R4 (see RA s 7(1)(k)) Aborigines’ right to certain natural resources s 174 sub 1986 No. 43 s 17 amd 1991 No. 76 s 19; 1992 No. 20 s 159 sch 2 (amd 1994 No. 42 s 2 sch); 1999 No. 53 s 35 sch Aborigines’ right to certain forest products and quarry material—Aboriginal land s 175 ins 1991 No. 76 s 20 amd 1999 No. 53 s 35 sch Aborigines’ right to certain forest products and quarry material—non-Aboriginal land s 176 ins 1991 No. 76 s 20 amd 1992 No. 20 s 159 sch 2 (amd 1994 No. 42 s 2 sch); 1999 No. 53 s 16 General penalty for offence s 178 amd R1 (see RA s 39); 1999 No. 53 s 35 sch Magistrates Court not to have jurisdiction for certain offences s 179 amd 1990 No. 80 s 3 sch 3 pt A sub 1993 No. 76 s 3 sch 1 Evidentiary aids s 180 amd 1990 No. 80 s 3 sch 3 pt A; 1999 No. 53 s 35 sch; 2002 No. 46 s 13 Approved forms s 181 ins 2002 No. 46 s 14 Regulation-making power prov hdg sub 2002 No. 46 s 15(1) s 182 amd 1985 No. 81 s 39(1)(b); 1986 No. 43 s 18; 1990 No. 80 s 3 sch 3 pt A; 1990 No. 104 s 20; R1 (see RA s 39); 1996 No. 75 s 535 sch 2; 1999 No. 53 s 35 sch; 2002 No. 46 ss 15(2), 3(2) sch; 2003 No. 27 s 622 sch 5 Assistance to Aboriginal councils s 183 amd 1990 No. 80 s 3 sch 3 pt A Use of churches etc. for provision of assistance s 184 amd 1990 No. 80 s 3 sch 3 pt A; 1999 No. 53 s 35 sch; 2001 No. 84 s 12 PART 14—TRANSITIONAL PROVISIONS pt hdg ins 1999 No. 53 s 17 sub 2002 No. 46 s 3(2) sch Division 1—Transitional provision for Community Services Legislation Amendment Act 1999 div hdg ins 2002 No. 46 s 3(2) sch Transitional provision for council areas s 185 ins 1999 No. 53 s 17 115 Community Services (Aborigines) Act 1984 Division 2—Transitional provision for Community Services Legislation Amendment Act 2002 div 2 (s 186) ins 2002 No. 46 s 16 PART 15—VALIDATING PROVISIONS pt 15 (s 187) ins 1999 No. 59 s 39 8 Table of renumbered provisions TABLE OF RENUMBERED PROVISIONS [Reprint No. 4] under the Reprints Act 1992 s 43 as required by the Community Services (Aborigines) Act 1984 s 87 Previous Renumbered as 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 5(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3(2) 5(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3(3) 5(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3(4) 5(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3(5) 5(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3(6) 5(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3(7) 5(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3(8) 5(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3(9) 5(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3(10) 5(12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3(11) 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 6A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 8AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 8A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12 11(4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12(5) 11(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12(6) 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14 pt 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .pt 3 13A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15 13B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16 13C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17 13D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18 13E. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .19 13F. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20 13G . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .21 13H . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22 13I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23 116 Community Services (Aborigines) Act 1984 13J . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24 13K . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25 13L. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .26 13M . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .27 13N . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28 13O . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29 13P. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30 13Q . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .31 13R . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .32 13S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .33 13T. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .34 13U . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .35 13V . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .36 13W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .37 13X . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .38 pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .pt 4 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .39 14A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40 14B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .41 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .42 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .43 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .44 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .45 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .46 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .47 25(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .47(2) 25(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .47(3) 25(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .47(4) 25(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .47(5) 25(3)(aa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .47(5)(b) 25(3)(ab) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .47(5)(c) 25(3)(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .47(5)(d) 25(3)(ba) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .47(5)(e) 25(3)(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .47(5)(f) 25(3)(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .47(5)(g) 25(3AA). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .47(6) 25(3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .47(7) 25(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .47(8) 25(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .47(9) 25(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .47(10) 25(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .47(11) 27AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .48 27A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .49 div 1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .div 2 27B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .50 27B(1)(ba) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .50(1)(c) 27B(1)(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .50(1)(d) 27B(1)(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .50(1)(e) Previous Renumbered as 117 Community Services (Aborigines) Act 1984 27C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .51 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .52 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .53 29B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .54 29C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .55 29CA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .56 29D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .57 29D(1A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .57(2) 29D(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .57(3) 29F. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .58 29G . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .59 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .60 32AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .61 32A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .62 32B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .63 32C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .64 32D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .65 32E. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .66 32E(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .66(2) 32F. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .67 32G . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .68 32H . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .69 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .70 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .71 35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .72 div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .div 3 36 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .73 37 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .74 38 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .75 39 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .76 40 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .77 40(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .77(2) 40(1B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .77(3) 40(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .77(4) 40(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .77(5) 41 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .78 41A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .79 div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .div 4 42 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .80 43 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .81 44 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .82 45 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .83 div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .div 5 45A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .84 45B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .85 pt 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .pt 5 45C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .86 45D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .87 Previous Renumbered as 118 Community Services (Aborigines) Act 1984 45E. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .88 45F. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .89 45G . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .90 45H . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .91 45I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .92 45J . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .93 pt 3B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .pt 6 45K . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .94 45L. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .95 45M . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .96 45N . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .97 45O . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .98 45P. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .99 45Q . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .100 45R . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .101 45S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .102 45T. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .103 45U . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .104 45V . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .105 45W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .106 45X . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .107 45Y . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .108 45Z. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .109 45ZA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .110 45ZB . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .111 45ZC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .112 45ZD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .113 pt 3C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .pt 7 45ZE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .114 45ZF . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .115 45ZG . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .116 45ZH . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .117 45ZI . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .118 45ZJ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .119 45ZK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .120 45ZL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .121 45ZM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .122 45ZN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .123 45ZO . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .124 45ZP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .125 45ZQ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .126 45ZR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .127 45ZS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .128 45ZT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .129 45ZU . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .130 45ZV . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .131 45ZW. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .132 45ZX . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .133 Previous Renumbered as 119 Community Services (Aborigines) Act 1984 45ZY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .134 45ZZ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .135 45ZZA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .136 45ZZB . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .137 45ZZC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .138 45ZZD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .139 45ZZE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .140 pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .pt 8 46 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .141 47 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .142 48 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .143 49 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .144 50 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .145 51 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .146 51(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .146(2) 51(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .146(3) 51(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .146(4) 51(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .146(5) 52 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .147 53 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .148 53A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .149 53B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .150 pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .pt 9 54 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .151 55 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .152 55(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .152(2) 55(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .152(3) 55(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .152(4) 56 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .153 57 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .154 58 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .155 59 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .156 60 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .157 60A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .158 61 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .159 61(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .159(2) 61(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .159(3) 61(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .159(4) 61(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .159(5) 62 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .160 63 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .161 64 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .162 pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .pt 10 65 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .163 66 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .164 67 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .165 68 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .166 68(2)(ba) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .166(2)(c) Previous Renumbered as 120 Community Services (Aborigines) Act 1984 68(2)(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .166(2)(d) 69 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .167 70 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .168 70(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .168(3) 70(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .168(4) pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .pt 11 71 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .169 72 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .170 72(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .170(2) 72(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .170(3) 72(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .170(4) 72(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .170(5) 73 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .171 74 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .172 75 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .173 75(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .173(2) 75(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .173(3) 75(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .173(4) pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .pt 12 77 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .174 77A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .175 77B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .176 78 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .177 79 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .178 80 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .179 81 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .180 81A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .181 82 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .182 pt 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .pt 13 83 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .183 84 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .184 pt 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .pt 14 85 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .185 85A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .186 pt 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .pt 15 86 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .187 Previous Renumbered as © State of Queensland 2003