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ABORIGINAL AND TORRES STRAIT ISLANDER COMMUNITIES (JUSTICE, LAND AND OTHER MATTERS) ACT 1984


- As at 1 February 2024 
- Act 51 of 1984 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Short title
   2.      Commencement
   3.      Savings
   4.      Definitions

   PART 2 - ADMINISTRATION

   5.      Corporation
   6.      Corporation of chief executive is statutory body
   7.      Consequences of constitution of corporation
   8.      Delegation by Minister or chief executive

   PART 3 - LAW AND ORDER IN COMMUNITY GOVERNMENT AND IRC AREAS

           Division 1 - Law and order in community government and IRC areas

   8A.     Definitions for div 1
   9.      Jurisdiction and powers of police
   10.     Entry upon indigenous local government areas etc.
   11.     Application to indigenous local government areas of laws relating to public places
   12.     Community police officers
   13.     Discharge of community police officers’ functions etc.
   14.     Other functions of community police officers
   15.     Indemnification of community police officer for liability for tort

           Division 2 - Authorised officers

   16.     Authorised officers
   17.     General powers of authorised officers

           Division 3 - (Repealed)

   PART 4 - COMMUNITY JUSTICE GROUPS

           Division 1 - Establishment, functions and powers

   18.     Establishment
   19.     Functions and powers

           Division 2 - Provisions about membership of groups and group coordinators

   20.     Membership
   21.     Investigations about suitability of community justice group members
   21A.    Guidelines for dealing with suitability information
   22.     Coordinator

           Division 3 - Miscellaneous provisions

   23.     Authentication of documents
   24.     (Repealed)
   25.     Reporting requirements

           Division 4 - (Repealed)

   PART 5 - CONTROL OF POSSESSION AND CONSUMPTION OF ALCOHOL IN COMMUNITY AREAS

           Division 1 - Preliminary

   26.     Purpose of pt 5
   27.     Definitions for pt 5

           Division 2 - Dry places

   28.     Declaration
   29.     Notice about declaration at premises
   29A.    (Repealed)
   29E.    (Repealed)
   30.     Notice about declaration at police station or on community noticeboard
   31.     Suspension of declaration
   32.     Revocation of declaration
   33.     Effect of declaration of premises as a dry place
   34.     Possession or consumption of alcohol in or on dry place
   35.     False or misleading statements
   36.     False or misleading documents
   37.     Fee not payable for application

           Division 3 - Provisions relating to homemade alcohol

   38.     Offences relating to homemade alcohol
   39.     Relationship with restricted areas
   40.     (Repealed)
   41.     (Repealed)
   42.     (Repealed)
   43.     (Repealed)
   44.     (Repealed)
   45.     (Repealed)
   46.     (Repealed)
   47.     (Repealed)

           Division 4 - (Repealed)

           Division 5 - (Repealed)

           Division 6 - (Repealed)

   PART 6 - ENTRY ON TRUST AREAS

   48.     Definitions for pt 6
   49.     Entry on trust area only in certain circumstances
   50.     Entry on trust area etc. by non-residents
   51.     Notice about resolution
   52.     Community government or indigenous regional council may impose restrictions on entry etc.
   53.     General authority to enter etc. trust area
   54.     Entry on and temporary stay in trust area
   55.     Removal from trust area

   PART 7 - ASSISTANCE SOUGHT BY ABORIGINES OR TORRES STRAIT ISLANDERS

   56.     Grant of aid
   57.     Deposit of savings with banker
   58.     Continuation of management of money
   59.     Banker is a statutory body
   60.     Administration of estates of Aborigines and Torres Strait Islanders

   PART 7A - COMMUNITY ENTERPRISE QUEENSLAND

           Division 1 - Establishment, functions and powers of Community Enterprise Queensland

   60A.    Community Enterprise Queensland
   60B.    Functions
   60C.    Powers

           Division 2 - The board

   60D.    Establishment
   60DA.   Role of board
   60DB.   Appointment of members
   60E.    Chairperson of the board
   60F.    Deputy chairperson of the board
   60G.    Term of appointment
   60H.    Disqualification from membership
   60I.    Vacation of office
   60J.    When notice of resignation takes effect
   60K.    Conduct of business
   60L.    Times and places of meetings
   60M.    Quorum
   60N.    Presiding at meetings
   60O.    Conduct of meetings
   60P.    Minutes
   60Q.    Disclosure of interests

           Division 3 - Chief executive officer

   60R.    Chief executive officer
   60RA.   Role of chief executive officer
   60RB.   Disqualification as chief executive officer
   60RC.   Chief executive officer not to engage in other paid employment
   60S.    Conflicts of interest

           Division 4 - Miscellaneous

   60T.    Community Enterprise Queensland is statutory body
   60U.    Audit of Community Enterprise Queensland’s accounts
   60V.    Annual report by Community Enterprise Queensland
   60VA.   Board to report on functions, finances and operations
   60VB.   Minister’s power to give directions to board
   60W.    Administrator may replace board members
   60X.    (Repealed)
   60Y.    Applying operating surplus and assets of Community Enterprise Queensland
   60Z.    Conflicts of interest of employees

   PART 8 - GENERAL PROVISIONS

   61.     Right of Aborigines and Torres Strait Islanders to particular natural resources
   62.     Right of Aborigines and Torres Strait Islanders to particular forest products and quarry material—Aboriginal and Torres Strait Islander land
   63.     Right of Aborigines and Torres Strait Islanders to particular forest products and quarry material—non-Aboriginal and non-Torres Strait Islander land
   63A.    Confidentiality
   64.     Obstruction, intimidation and assault
   65.     General penalty for offence
   66.     Making of local laws about particular matters
   67.     Evidentiary aids
   68.     Evidence of home-brew concentrate by label
   69.     Evidence of homemade alcohol having regard to belief of police officer
   69A.    Protection of officials from civil liability
   70.     Approved forms
   71.     Regulation-making power

   PART 9 - TRANSITIONAL PROVISIONS FOR LOCAL GOVERNMENT (COMMUNITY GOVERNMENT AREAS) ACT 2004

           Division 1 - Preliminary

   72.     Definition for pt 9

           Division 2 - Transitional provision for process for making by-laws or subordinate by-laws

   73.     Making by-law or subordinate by-law

           Division 3 - Transitional provisions for Aboriginal Coordinating Council

   74.     Definitions for div 3
   75.     ACC dissolved
   76.     References to ACC
   77.     Agreements and proceedings
   78.     Assets and liabilities

   PART 10 - TRANSITIONAL PROVISIONS FOR LOCAL GOVERNMENT AND OTHER LEGISLATION (INDIGENOUS REGIONAL COUNCILS) AMENDMENT ACT 2007

   79.     Definitions for pt 10
   80.     ICC dissolved
   81.     Regulation to provide for matters relating to dissolution of ICC
   82.     Aboriginal and Island police officers
   83.     Transitional provision for IIB
   84.     Community justice groups for Injinoo, New Mapoon and Umagico community government areas
   85.     Community justice groups for relevant Bamaga and Seisia areas

   PART 11 - TRANSITIONAL PROVISIONS FOR ABORIGINAL AND TORRES STRAIT ISLANDER COMMUNITIES (JUSTICE, LAND AND OTHER MATTERS) AND OTHER ACTS AMENDMENT ACT 2008

   86.     Definitions for pt 11
   87.     Existing declaration of a place as a dry place
   88.     Existing application for the declaration of a place as a dry place
   89.     Existing application for the amendment or revocation of a declaration of a place as a dry place
   90.     Existing application for the suspension of a declaration of a public place as a dry place
   91.     Appeals
   92.     Offences

   PART 12 - TRANSITIONAL PROVISIONS FOR ELECTRICITY AND OTHER LEGISLATION AMENDMENT ACT 2016

   93.     Definition for part
   94.     References to IIB
   95.     Members of IIB continue as board members
   96.     Chairperson of IIB continues as chairperson of board
   97.     Deputy chairperson of IIB continues as deputy chairperson of board
   98.     Chief executive officer of IIB continues as chief executive officer
   99.     Annual report
   122.    (Repealed)
   123.    (Repealed)
   124.    (Repealed)
   125.    (Repealed)
   126.    (Repealed)
   127.    (Repealed)
   128.    (Repealed)
   129.    (Repealed)
   130.    (Repealed)
   131.    (Repealed)
   132.    (Repealed)
   133.    (Repealed)
   134.    (Repealed)
   135.    (Repealed)
   136.    (Repealed)
   137.    (Repealed)
   138.    (Repealed)
   139.    (Repealed)
   140.    (Repealed)
   141.    (Repealed)
   142.    (Repealed)
   143.    (Repealed)
   144.    (Repealed)
   145.    (Repealed)
   146.    (Repealed)
   147.    (Repealed)
   148.    (Repealed)
   149.    (Repealed)
   150.    (Repealed)
   151.    (Repealed)
   152.    (Repealed)
   153.    (Repealed)
   154.    (Repealed)
   155.    (Repealed)
   156.    (Repealed)
   157.    (Repealed)
   158.    (Repealed)
   159.    (Repealed)
   160.    (Repealed)
   161.    (Repealed)
   162.    (Repealed)
   163.    (Repealed)
   164.    (Repealed)
   165.    (Repealed)
   166.    (Repealed)
   167.    (Repealed)
   168.    (Repealed)
   187.    (Repealed)
   189.    (Repealed)

   PART 14 - (Repealed)

   PART 16 - (Repealed)


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