Commonwealth Consolidated Acts

ABORIGINAL LAND (LAKE CONDAH AND FRAMLINGHAM FOREST) ACT 1987 - SECT 23

  (1)   The Kirrae Whurrong Aboriginal Corporation may make by - laws, not inconsistent with any law of the Commonwealth or the State of Victoria , for or with respect to:

  (a)   economic enterprise in Framlingham Forest ;

  (b)   cultural activities in Framlingham Forest ;

  (c)   the management, access, conservation, fire protection, development and use of Framlingham Forest ;

  (d)   the declaration of sacred or significant sites or other areas of significance to Aboriginal people in Framlingham Forest ;

  (e)   the activities to be permitted in Framlingham Forest or any part of it;

  (f)   protection and conservation of flora and fauna found in Framlingham Forest ;

  (g)   in relation to Framlingham Forest , the cutting, removal and sale of timber, the granting of revocable licences and the payment of royalties for timber to the Corporation;

  (h)   hunting, shooting and fishing in Framlingham Forest ;

  (j)   control of visitors in, and charging fees (to be paid to the Corporation) for entrance to, Framlingham Forest ;

  (k)   the regulation and control of motor traffic and parking in Framlingham Forest ; and

  (m)   the appointment of persons to enforce the by - laws, and the powers and duties of those persons.

  (2)   The by - laws may provide that a contravention of a by - law is an offence.

  (3)   The regulations may provide, in respect of an offence against the by - laws, for the imposition of:

  (a)   if the offender is a natural person--a fine not exceeding 5 penalty units ; or

  (b)   if the offender is a corporation--a fine not exceeding 25 penalty units .

  (4)   The regulations may make provision for and in relation to enabling a person who is alleged to have committed an offence against the by - laws to pay to the Commonwealth, as an alternative to prosecution, a penalty not exceeding:

  (a)   in the case of a natural person-- 1 penalty unit ; or

  (b)   in the case of a corporation-- 5 penalty units .

  (5)   If the Kirrae Whurrong Aboriginal Corporation makes a by - law, the Community Council shall, within 7 days after making it, give a copy of the by - law to the Minister.

  (6)   For the purposes of the Legislation Act 2003 , a by - law made by the Kirrae Whurrong Aboriginal Corporation and received by the Minister is a legislative instrument made by the Minister on the day the by - law is received.

Note:   A by - law made by the Corporation and received by the Minister is stated to be a legislative instrument made by the Minister so that the Minister may perform the functions of a rule - maker in relation to the instrument under the Legislation Act 2003 . For example, under that Act a rule - maker for a legislative instrument is required to lodge the instrument (and any amendments and compilations of the instrument) for registration under that Act.