Queensland Numbered Acts Queensland Numbered Acts'Aboriginal council means a community government under the Local Government (Community Government Areas) Act 2004.
council area see the Community Services (Torres Strait) Act 1984, section 4.'.
'(c) a Torres Strait Islander local government.'.
'This Act may be cited as the Aboriginal Communities (Justice and Land Matters) Act 1984.'.
'ACC, for part 13, division 3, see section 185.
commencement, for part 13, see section 183.
community government see the Local Government (Community Government Areas) Act 2004, schedule 4.
community government area see the Local Government (Community Government Areas) Act 2004, schedule 4.
local law see the Local Government Act 1993, schedule.
native title holder, for part 7, see section 114.
native title rights and interests, for part 7, see section 114.
repealed part 8, for part 13, division 3, see section 185.
trust area, for part 7, see section 114.'.
omit.
'(1) The Minister or chief executive may delegate his or her powers under this Act to an appropriately qualified officer of the department.
'(2) In this section--
appropriately qualified, in relation to a power, includes having the qualifications, experience or standing appropriate to exercise the power.
Example of standing--
a person's classification level in the public service'.
'(3) A person appointed under subsection (2) must have the qualifications prescribed under a regulation.
'(4) Subsection (3) does not limit the issues the community government may consider when deciding whether to appoint someone under subsection (2).
'(5) In this section--
qualifications includes knowledge, skills and experience.'.
'In this part--
native title holder see the Native Title Act 1993 (Cwlth), section 224.
native title rights and interests see the Native Title Act 1993 (Cwlth), section 223.
trust area means land within a community government area that is--
(a) granted in trust under the Land Act 1994 for the benefit of Aboriginal inhabitants or for Aboriginal purposes; or
(b) a reserve for Aboriginal purposes under the Land Act 1994; or
(c) land mentioned in paragraph (a) or (b) that has become Aboriginal land.
'A person must not enter, or be in, a trust area other than as permitted under this part.
Maximum penalty--35 penalty units.
'(1) A person may, for a lawful purpose, enter and be in a place within a trust area if--
(a) the place is an accessible place; or
(b) the place is another place that the community government for the trust area has decided, by resolution, is a place to which persons who are not residents of the trust area may have access.
'(2) Without limiting subsection (1), a person may enter and be in a place within a trust area that a resident of the trust area may enter and be in if the person enters or is in the place as a guest, or at the request of, a resident of the trust area.
'(3) Despite subsection (1)(a), if immediately before the commencement of this section, a native title holder could have entered and been in a place within a trust area in the exercise of the holder's native title rights and interests in relation to the place, the holder may continue to enter and be in the place in the exercise of the rights and interests.
'(4) A resolution may be made under subsection (1)(b) for a place that is Aboriginal land only with the written consent of the grantee of the land.
'(4A) Subsection (4B) applies to a person if--
(a) the person--
(i) is not a resident of a trust area; and
(ii) is permitted under the Aboriginal Land Act 1991 to enter and be on Aboriginal land (the Aboriginal land area); and
(b) the Aboriginal land area is situated within the trust area.
'(4B) The person may enter and be in another part of the trust area for the purpose of entering the Aboriginal land area.
'(5) In this section--
accessible place means--
(a) a road; or
(b) a park; or
(c) a boat ramp or landing; or
(d) an airport; or
(e) a building open to the public, whether or not on payment of money.
airport includes--
(a) an aerodrome, airfield and landing strip; and
(b) another place used for the landing or parking of aircraft; and
(c) a tarmac.
landing includes jetty, pontoon and wharf.
road includes a State-controlled road under the Transport Infrastructure Act 1994.
'(1) A community government must, as soon as practicable after passing a resolution under section 116(1)(b), display written notice of the resolution in at least 1 prominent place in its trust area for as long as the resolution is in force.
'(2) The notice must--
(a) sufficiently identify the place the subject of the resolution; and
(b) state the provisions of section 116.
'(1) Subject to subsection (2), a community government for a trust area may, by resolution--
(a) restrict the number of persons who may enter and be in a place within the trust area under section 116(1)(b) or (2); or
(b) restrict the time for which a person may live at a place within the trust area under section 116(1)(b) or (2).
'(2) A community government may make a resolution under subsection (1) only if the presence of the persons has resulted, or is likely to result, in an unsustainable use of resources or services in the area including, for example, the water supply or garbage service.
'(1) The following persons are authorised to enter, be in and live in a trust area--
(a) an Aboriginal person, or another person, who is a member of the community residing in the trust area;
(b) a person who is performing a function, or exercising a power, under this Act or another Act that requires the person to be in the trust area;
(c) a person authorised, for the purpose of this paragraph, under a local law by the community government for the trust area.
'(2) A local law may be made under subsection (1)(c) for a part of the trust area that is Aboriginal land only with the written consent of the grantee of the land.
'(3) A local law made under subsection (1)(c) must state the parts of the trust area to which the local law applies.
'Without limiting section 119, the following persons are authorised to enter, be in and live in a trust area until the purpose of their entry to the area is fulfilled--
(a) the Governor-General and the Governor for Queensland;
(b) a person whose purpose in the trust area is to bring to residents of the trust area medical aid;
(c) a person whose purpose in the trust area is to instruct himself or herself on affairs within the trust 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 trust area is to campaign as a 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 issued;
(e) a person who is assisting, or is acting under the direction or control of, a person mentioned in paragraphs (a) to (d), while the person mentioned in the paragraph is in the trust area.
'(1) A police officer or Aboriginal police officer may remove from a trust area a person who is not permitted under this part to be in the trust area.
'(2) It is lawful for an Aboriginal police officer exercising or attempting to exercise a power under subsection (1) against a person, and anyone helping the Aboriginal police officer, to use reasonably necessary force to exercise the power.52
'(3) The force an Aboriginal police officer may use under this section does not include force likely to cause grievous bodily harm to a person or the person's death.'.
'(3) The banker must deposit money received by the banker under subsection (1) in--
(a) the trust fund established as at the commencement of this Act with the Commonwealth Savings Bank of Australia; or
(b) another trust fund established by the banker for depositing the money.'.
'Without limiting the functions and powers of a community government, a community government may make local laws--
(a) not inconsistent with part 6,53 for the purpose of regulating and controlling the possession or consumption of alcohol in its community government area; or
(b) conferring functions on the community justice group for its community government area.'.
'(1) The Governor in Council may make regulations under this Act.
'(2) Without limiting subsection (1), a regulation may be made about the following--'.
'In this part--
commencement means commencement of this section.
'(1) This section applies if--
(a) before the commencement, an Aboriginal council had under repealed part 7 started the process of making a by-law or subordinate by-law under that part; and
(b) immediately before the commencement, the process for making the by-law or subordinate by-law had not finished.
'(2) Despite the repeal of repealed part 7, that part and any other provisions necessary for the operation of that part continue to apply to the making of the by-law or subordinate by-law as if that part had not been repealed.
'(3) In this section--
Aboriginal council means an Aboriginal council under this Act in existence immediately before the commencement.
repealed part 7 means part 7 of this Act as in force before its repeal by the Local Government (Community Government Areas) Act 2004.
'In this division--
ACC means the Aboriginal Coordinating Council established under repealed part 8.
repealed part 8 means part 8 of this Act as in force before its repeal by the Local Government (Community Government Areas) Act 2004.
'ACC is dissolved and its members go out of office.
'A reference in an Act or document to ACC may, if the context permits, be taken as a reference to the State.
'(1) An agreement, in force immediately before the commencement, between ACC and another entity is taken to be an agreement between the State and the entity.
'(2) A proceeding that could have been started or continued by or against ACC before the commencement may be started or continued by or against the State.
'On the commencement, an asset or liability of ACC immediately before the commencement becomes an asset or liability of the State.'.
'In the next reprint of this Act produced under the Reprints Act 1992, the provisions of this Act must be numbered and renumbered as permitted by the Reprints Act 1992, section 43.'.
'(iv) the Local Government (Community Government Areas) Act 2004; or'.
'community justice group means a community justice group established under the Aboriginal Communities (Justice and Land Matters) Act 1984, part 5 or the Community Services (Torres Strait) Act 1984, part 5.'.
'(a) a community government under the Local Government (Community Government Areas) Act 2004; or'.
'community justice group means a community justice group established under the Aboriginal Communities (Justice and Land Matters) Act 1984, part 5 or the Community Services (Torres Strait) Act 1984, part 5.'.
'Council means--
(a) a community government under the Local Government (Community Government Areas) Act 2004; or
(b) an Island council under the Community Services (Torres Strait) Act 1984; or
(c) the Council of the Shire of Aurukun; or
(d) the Council of the Shire of Mornington.'.
'(a) the Aboriginal Communities (Justice and Land Matters) Act 1984, section 103; or'.
'(e) the place is a public place under the Aboriginal Communities (Justice and Land Matters) Act 1984, part 6,54 or the Community Services (Torres Strait) Act 1984, part 6,55 that has been declared under that part as a dry place.'.
'(a) the Aboriginal Communities (Justice and Land Matters) Act 1984, section 103;56 and'.
'(1) This section applies if--
(a) the Legislative Assembly ratifies the dissolution of Townsville or Thuringowa City Council under section 164(1); and
(b) an administrator of the council is appointed.'.
'(3) If the Legislative Assembly ratifies the dissolution of the local government under subsection (1)--
(a) the local government's councillors go out of office; and
(b) the local government continues in existence as a body corporate and continues to be constituted by the local government's administrator.'.
'(1) If a regulation is made under section 164(1) dissolving a local government, the Governor in Council must appoint a person as administrator of the local government.
'(2) Notification of the appointment must be given by gazette notice.
'(3) On the appointment, the local government is constituted by the administrator.'.
'(b) 1 person with knowledge of--
(i) local government in relation to community government areas; and
(ii) Torres Strait Islander local government; and'.
'(b) the Legislative Assembly ratifies the dissolution of the applicable local government under section 164(1); or'.
'(4) A direction under subsection (1) may be given only after the ratification of the dissolution.
'(5) A direction under subsection (2) may be given at the time the action mentioned in that subsection is taken or at a later time.'.
renumber as section 1171(4) and (5).
'(3) Also, a person employed by a local government under a Commonwealth funded community development project for Aborigines or Torres Strait Islanders is not a permanent employee.'.
'(1) Subject to the Community Services (Torres Strait) Act 1984, this Act does not apply to an Island Court constituted under that Act.'.
'(a) a community justice group established under the Aboriginal Communities (Justice and Land Matters) Act 1984, part 5, division 1, or the Community Services (Torres Strait) Act 1984, part 5, division 1, for the offender's community; or'.
'(ii) the Aboriginal Communities (Justice and Land Matters) Act 1984, section 103 or 112A(c) or (d);57'.
'(b) the Aboriginal Communities (Justice and Land Matters) Act 1984, section 103 or 112A;58
(c) the Community Services (Torres Strait) Act 1984, section 101 or 110A.59'.
'(i) a community government under the Local Government (Community Government Areas) Act 2004; or'.