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Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984 – 1 September 2016

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Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984 – 1 September 2016

Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 2008 – 1 July 2012

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The corporation that is the Aboriginal and Islander Affairs Corporation is continued in existence and is capable of suing/being sued, holding property, etc. The entity that is the Island Industries Board is also continued in existence as ‘Community Enterprise Queensland’ and is prescribed the powers of an individual.

  • Sections 5, 6, 7, 60A, 60B, 60C

Police officers may exercise functions, duties and powers in an indigenous local government area and in respect of persons therein. In addition, police officers are authorised to perform such acts and do such things in an indigenous local government area as may be authorised or required to be done by community police officers under the local laws of the indigenous local government for that area. For the definitions of ‘indigenous local government area’ and ‘indigenous local government’, refer to section 8A of the Act.

  • Sections 8A, 9, 10

An indigenous local government may appoint such number of persons of community police officers as it considers necessary for the peace and good order of its area. For the powers of a community police officer, refer to sections 13 and 14 of the Act.

  • Sections 12, 13, 14, 15

A community government or indigenous regional council may appoint a person to be an authorised officer to protect the natural and cultural resources of the area.

  • Sections 4, 16, 17

A community justice group for a community area may be established under a regulation. An established group may take part in court hearings, sentencing/bail processes, etc. For a full listing of the functions and powers of a community justice group, refer to section 19 of the Act.

  • Sections 18, 19, 22, 23; Regulation 4, Schedules 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19

The tenant of residential premises in a community area may apply to the clerk of the court for the area for a declaration that the premises are a dry place pursuant to section 28 of the Act. If a declaration is made, it has effect upon display at the entry to the premises. Upon effect, a person must not in, or on, a dry place possess or consume alcohol. For the definition of ‘tenant’, refer to section 27 of the Act. For the definition of ‘community area’, refer to section 4 of the Act and regulation 5 of the Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 2008. Note: Other areas may be restricted in relation to home-made alcohol. For further details, refer to section 38 of the Act.

  • Sections 4, 26, 27, 28, 29, 30, 33, 34, 37, 38, 39; Regulations 5, 5A, Schedule 20

A person must not enter, or be in, a trust area (Aboriginal or Torres Strait Islander trust or reserve land) other than as permitted by this Act.

  • Sections 48, 49, 50, 51, 52, 53, 54, 55

An Aborigine or Torres Strait Islander may apply to the government for a grant of aid. Where a grant is issued, it may be of money, in kind, or by way of services and may be granted subject to terms and conditions.

  • Section 56

If it should prove impracticable to ascertain the person or persons entitled in law to succeed to the estate of the Aborigine or Torres Strait Islander (in the absence of a will duly made), the government may determine which person or persons shall be entitled to so succeed.

  • Section 60

A member of a community of Aborigines or Torres Strait Islanders resident in a community government or indigenous regional 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.

  • Sections 4, 61
Reason for law

To prevent harm in community areas caused by alcohol abuse and misuse and associated violence. (Section 26)

Relevant links

Department of Aboriginal and Torres Strait Islander Partnerships
Justice resources
Events Calendar

Enterprise development [Queensland Government]

Multicultural resource directory [Queensland Government]

Community alcohol restrictions [Queensland Government]

Mediation for Aboriginal and Torres Strait Islander peoples [Queensland Government]

Islanders Board of Industry and Service

Northern Peninsula Area Regional Council
Local Laws

Torres Strait Island Regional Council
Local Laws

Indigenous publications [Crime and Corruption Commission]

Aboriginal and Torres Strait Islander Legal Service (Qld) Ltd

Artists in the Black
Resources

Aboriginal Literacy Foundation

Indigenous Literacy Foundation

Aboriginal and Torres Strait Islander Disability Network Qld

Welcome to Country App

Blind Eye Ministries

Relationships Australia Queensland

Life Without Barriers

Indigenous Programs [Australian Volunteers International]

Edmund Rice Centre

North Australian Indigenous Land and Sea Management Alliance (NAILSMA)

Reconciliation Australia

Australian Indigenous Governance Institute

South East Queensland Indigenous Chamber of Commerce

First Australians Chamber of Commerce and Industry

Judicial Council on Cultural Diversity

Suggested links

Institute of Indigenous Australia

Yugambeh Language App

Indigenous Weather Knowledge

Highlighted practice direction

2016/02 – Queensland Murri Court

Global Law Program – PODCAST

Telephone Interview with Thomas Callaghan, CEO, MEES Australia & Indigenous Conference Services Australia – Global Law Program 33 20160617

Critique

Section 2 contains the phrase ‘Her Majesty’. This phrase may be replaced with a modern alternative.

Sections 5 and 62 contain the term ‘Crown’. This term may be replaced with a modern alternative.

Section 60 may be reviewed for currency. The court may be better placed to make a decision on who is entitled under a deceased estate.

Suggested further reading
Media Statement

Murri Court Opens in Rockhampton [Queensland Government]

Mabo Day: Remembering a watershed in national reconciliation [Queensland Government]

Suggested article

Trudeau launches Canada into a radically new approach to Indigenous affairs

“Only 20 Aboriginal languages are spoken daily today in Australia.”

Australian dictionary releases new edition with more Indigenous words

…Indigenous Australian social media users to follow

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PLEASE NOTE: The information published on this webpage may be out-of-date. Please compare the currency date of the Act/Regulation against that published on the Office of the Queensland Parliamentary Counsel website. If you require access to Commonwealth statute law, please visit the ComLaw website. If you require access to the local council laws (by-laws), please visit the Local laws database.

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