[Index] [Search] [Download] [Bill] [Help]
1 Local Government (Aboriginal Lands) Amendment LOCAL GOVERNMENT (ABORIGINAL LANDS) AMENDMENT BILL 1995 EXPLANATORY NOTE GENERAL OUTLINE Objectives of the legislation The objective of this Bill is to provide for the declaration of places where the possession or consumption of alcohol is prohibited or controlled in the Shire of Aurukun. It establishes a framework to give effect to that objective through local decision-making which recognises Aboriginal tradition and community participation and provides appropriate accountability and enforcement mechanisms. Reasons for the Bill (a) Framework for the control of alcohol in Aurukun In 1991 the Aurukun community sought the assistance of the Government to develop a legal framework which would provide for more effective control of alcohol in the Shire. The current liquor laws have been found ineffective in providing a deterrent to the widespread illegal sale of alcohol ("sly-grogging") in the Shire. The policing of the unlawful sale of alcohol is difficult because the burden of proof required by the Courts is set a level which cannot usually be obtained in a community such as Aurukun. Offences in relation to declared areas under the Bill (placing specific prohibitions or controls on alcohol) only requires proof of possession. The penalties attached to offences in the Bill are designed to inhibit both supply and demand for "sly- grog".
2 Local Government (Aboriginal Lands) Amendment There is also strong community support for introducing a system which would allow decisions about controls on alcohol to be made within the community through a local decision-making body and the capacity for individuals or groups to apply to have their homes or lands declared dry or controlled as well as public areas where people gather to drink. The proposed system could result in some people relocating to areas outside the Shire where no such restrictions on alcohol apply. However it is not intended that the legislative proposals would result in a total prohibition of alcohol in the Shire. The desired outcomes of the amendment are to minimise alcohol related disturbances in certain areas and to place controls generally on the quantity and type of alcohol brought into the Shire so that sly-groggers in particular can be identified and prosecuted. (b) Consistency with the Liquor Act 1992 and Community Services legislation It is proposed to temporarily exempt public places in the Shire of Aurukun from sections 173A-E of the Liquor Act 1992 on the basis the proposed Law Council is to be given jurisdiction to make these kinds of decisions about alcohol. The two systems are different in principle as the Liquor Act prohibits alcohol in public places unless it is authorised while the amendment Bill allows alcohol in a public place unless its possession or consumption is restricted under a declaration. It is also proposed to insert a provision indemnifying Aboriginal police officers for any legal liability incurred during the exercise of their duties where the officer has acted properly. A similar provision was inserted in an amendment to the Community Services legislation in 1994 to provide indemnification for Aboriginal police working in Areas constituted under those Acts. (c) Updating of certain provisions The Bill updates references in certain provisions to other Acts. (d) Repeal of outdated provisions The Bill provides for the repeal of section 36 which allows the Councils of Aurukun and Mornington to establish beer canteens. Provision was
3 Local Government (Aboriginal Lands) Amendment made in the Liquor Act 1992 for those councils to apply for a liquor license through the specific provisions dealing with applications for licenses in Aboriginal and Torres Strait Islander communities. The Bill provides for the repeal of sections 37 and 38 which allow the Councils to issue prohibition orders on individuals to prohibit those individuals from possessing or consuming alcohol. Section 38 deals with the enforcement of prohibition orders made under section 37. The repeal of these provisions is in line with the expiration of similar provisions from the Liquor Act in 1994. Estimated cost for Government Implementation There are no additional costs incurred by the Government. Administrative costs will be carried by the Shire Council and Aurukun Community Incorporated (ACI). It is proposed the cost of facilitating the establishment of the Law Council will if necessary, be funded through the Government's Alternative Governing Structures Program. Consultation A discussion paper containing proposals for a system to control alcohol was distributed to community organisations in Aurukun and certain government agencies responsible for implementation. A community survey on the issue of alcohol in the community was conducted. Approximately 70% of the adult population in Aurukun were interviewed. A significant proportion of the population surveyed support the introduction of controls on alcohol in the Shire. The Shire Council and ACI have also been consulted at several stages during development of the Bill and have no objection to its introduction. Other key implementation agencies have also been consulted and have no objection to the Bill.
4 Local Government (Aboriginal Lands) Amendment NOTES ON PROVISIONS Clause 1 sets out the short title of the Act. Clause 2 provides for the commencement of the Act. A period will be necessary prior to commencement to ensure appropriate implementation strategies are in place. Clause 3 provides for an amendment to the Local Government (Aboriginal Lands) Act 1978. Clause 4 inserts a meaning for the term "aboriginal police officer" and deletes the definition for "liquor". Clause 5 updates Section 30, Mineral rights in the Aurukun and Mornington Shires. Clause 6 clarifies that Aboriginal Police have power to enforce both local laws and offences under the Bill. Clause 7 inserts a provision indemnifying Aboriginal police officers for any legal liability incurred during the exercise of their duties where the officer has acted properly. Clause 8 repeals section 36 dealing with the establishment of beer canteens. Clause 9 repeals section 37 dealing with the making of prohibition orders on individuals so that the person is prohibited from possessing or consuming alcohol. Clause 10 repeals section 38 which deals with the enforcement of prohibitions order. Clause 11 updates Section 39, Roads within Shires. Clause 12 inserts a new "Part 6--Control of Possession or consumption of alcohol in Aurukun", Part 7--Miscellaneous and Part 8--Transitional Provision after Section 39.
5 Local Government (Aboriginal Lands) Amendment Explanation of the provisions of Part 6 is as follows: Division 1--Preliminary Section 40 sets out the objectives of the Bill. In general terms the Bill is designed to control alcohol being brought into the Shire, deter the illegal sale of alcohol and minimise alcohol related disturbances through the declaration of dry and controlled places. A decision-making and legal framework is established under the Bill aimed at achieving these objectives. Section 41 provides that the new Part will apply to the whole of the Shire of Aurukun. Section 42 provides for definitions of various terms used in Part 6. Division 2--Aurukun Alcohol Law Council Section 43 establishes a body called the Aurukun Alcohol Law Council which is commonly referred to as the Law Council. Section 44 sets out the function of the Law Council. Its primary role is to make decisions about the declaration of dry or controlled places in the Shire and the issue of permits. It also has a role in providing information and advice to the community and Government on its performance, the administration and operation of the legislation and its enforcement. This section also enables the Law Council to do whatever is necessary in performing its functions. Section 45 establishes the Law Council as a body corporate. Section 46 provides for the Minister to declare, by gazette notice, a group of Aboriginal people recognised under Aboriginal tradition to be a recognised traditional group. Section 47 provides that members of the Law Council will be elders currently nominated to represent the recognised traditional groups on the Law Council.
6 Local Government (Aboriginal Lands) Amendment Aboriginal tradition as defined in the Acts Interpretation Act 1954 means "the body of traditions, observances, customs and beliefs of Aboriginal people generally or of a particular group of Aboriginal people and includes any such traditions, observances customs and beliefs relating to particular persons, areas objects or relationships." Section 48 requires each recognised traditional group to nominate at least 1 elder to represent it on the Law Council. At any time a group may nominate other elders to represent it or withdraw a previous nomination. The process for withdrawing a nomination is the same as for making a nomination. Section 49 requires each traditional group to advise the Minister about each nomination or withdrawal of a nomination. The nomination or withdrawal does not take effect until notified by the Minister. A nomination may take effect at a later time if stated in the notification. Each traditional group is responsible for ensuring the Minister is notified of the name of its nominated person. The Shire Council in its administrative support capacity is an appropriate means by which the names can be sent to the Minister. Section 50 requires the Minister to publish the details of the nomination or withdrawals in the Government Gazette. In addition to the names of nominated elders, the notice must include a title or other description of each recognised traditional group to be represented on the Law Council. Section 51 requires the Law Council to make its decisions at a meeting at which the Secretary or his nominee must be present and no more than 1 member from each recognised traditional group. If necessary a regulation may be made about the number of members who must be present at meetings to make decisions. This means that meetings of the Law Council are closed to the public when it meets to make decisions e.g. about how it will carry out any of its functions such as how it will consult the community or when it considers applications for the grant of declarations or permits. A person may attend a meeting specifically to make an verbal submission where notice is given under section 60(2). This section also provides for the Secretary to call a meeting at the request of the majority of members or the Secretary may do so at his or her discretion.
7 Local Government (Aboriginal Lands) Amendment Section 52 provides for the Law Council to choose one of its member to preside at meetings. The Chairperson may be chosen on a rotating basis or in any other way. Section 53 enables the Law Council to conduits meetings and any other business in the way it considers appropriate which may include following Aboriginal tradition. Section 54 enables the Law Council to make its decisions in the way it considers appropriate which may include following Aboriginal tradition. However, a majority of the members present at the meeting must be in agreement to decide a question. To ensure consistency in decision-making it would be good practice for the Law Council to frame a set of criteria for making decisions, particularly its decisions to declare places dry or controlled and to grant permits. The criteria can be used as a basis for presenting a statement of reasons for such a decision if an application is made for a review of the decision. Section 55 provides for a Secretary to the Law Council who shall be the Officer in Charge of Police at Aurukun or the officer's nominee. The Secretary is not a member but may provide advice to the Law Council and is responsible for ensuring minutes of meetings are kept. The Shire Council must ensure that minutes of meetings are open for public inspection. Section 56 requires the Law Council to report to the Shire Council and ACI at least once every 6 months and publish a notice in the local paper advising the community that copies of its report are available. Section 57 requires the Shire Council to provide the necessary administrative support to the Law Council and to keep records of the cost of providing the support e.g. taking the minutes of meetings, arranging meetings, publishing notices, issuing permits granted and compiling reports. This section also provides for money received by the Shire Council for permit fees and from the disposal of alcohol and other things seized under this Part, to be used to offset the cost of providing administrative support to the Law Council.
8 Local Government (Aboriginal Lands) Amendment Division 3--Controlled and dry places Section 58(1) enables the Law Council to declare public places to be dry or controlled places. The Law Council may initiate applications for declarations over public places or receive an application from the Shire Council or from a government Department in respect of places under their control. A dry place means alcohol may not be taken into these places under any circumstances. A controlled place means that alcohol may not be taken into the place or consumed in the place unless it is done according to directions made by the Law Council or a permit granted by the Law Council This section also allows the Law Council to amend or revoke a declaration using the same process used to declare the place. Section 58(2) enables the Law Council to declare private places to be dry or controlled places. The occupier or a person who has authority to control access under Aboriginal tradition may make an application to have a private place declared dry or controlled. An application can be made in writing and a request for a personal application to the Law Council made be made if necessary. For the purposes of this Part a public place is a dedicated road or a place under the control of the Aurukun Shire Council or the State Government. Places which fall into this category include the barge landing area, the airstrip, the school and the hospital. A private place is any place other than a public place and includes a place occupied by a person or group of persons or a place to which a person or group of people have authority to control access to the place under Aboriginal tradition. Private places would include houses in Town including those provided for the use of Queensland Government employees in the Shire. The outstations which are places outside the town area, would be classed as places to which a person or group of people have authority to control access under Aboriginal tradition.
9 Local Government (Aboriginal Lands) Amendment Section 58(3) requires the Law Council to consider applications made to it as soon as reasonably practical. Section 58(4) allows the Law Council to declare a place to be controlled or dry for a set period of time and to state any relevant conditions if necessary. For example an area at an outstation may be declared controlled for a short period during a special event. Section 58(5) also allows the Law Council to revoke, on its own initiative, a declaration made over a private place if it is satisfied it is necessary to do so because the occupier or traditional owners have acted in a way that hinders the enforcement of the declaration. It may for example be necessary to revoke a place declared dry where there is evidence the occupier has selectively allowed drinking in the dry place and only makes a complaint to the Police when a disturbance occurs in the place. Application of the declaration in this way is inconsistent with the objective of to minimise alcohol related disturbances in declared places. Section 58(6) provides for the Law Council to ensure a person is given assistance to make a written application if the assistance is requested. Section 58(7) allows the Law Council to invite the occupier or group with authority to control access to a private place under aboriginal tradition to make application for its declaration. The ability of the Law Council to invite applications is designed to give flexibility in circumstances where the occupier or traditional owners may be reluctant to make an application for a declaration. However the final decision as to whether to make an application rests with the relevant occupier or traditional group. Sections 59(1) provides for the Law Council to make directions about the consumption or possession of alcohol for declarations over a controlled place. This means that alcohol may not be taken into the place or consumed in the place unless it is done according to the set of conditions or directions made by the Law Council or a permit granted by the Law Council Section 59(2) provides that directions may relate to the quantity or type of alcohol that a person may possess or consume; the quantity of alcohol
10 Local Government (Aboriginal Lands) Amendment that may be carried in a vehicle on the place; and if necessary the period the direction relates. For example the Law Council might declare the airstrip to be a controlled place and make a direction that no more than 3 cartons of beer and a certain quantity of spirits can be carried in a vehicle. A direction may require a private place which is a declared controlled place to be open for inspection. It is intended this type of direction may be made predominantly to assist in monitoring compliance with a declaration in outstation areas. Section 60(1) provides for the community to be notified of any proposal to declare a place. Once an application is received by the Law Council or it decides to initiate an application about a public place, the details of the proposal must be put in a notice and displayed in a prominent place in the town and if possible at the place where the declaration is proposed. Section 60(2) provides for a notice of a proposal to declare a place to be displayed for 14 days immediately before the last day for making written objection or supporting submissions about the proposal. Section 60(3) specifies the notice must include the following information:-- (a) type of declaration (whether dry or controlled); (b) describe the place to which the declaration relates; (c) for a controlled place the proposed directions; (d) the right of a person to make a written or verbal submission; (e) the day on or before which submissions must be made or a request for the Law Council to hear a verbal submission; and (f) the period of time the declaration is proposed if the declaration is to be for a limited time. Section 60(4) enables the Law Council to consult with the community in others ways if it considers it necessary. For example it may call a community meeting before proposing to declare a public place a controlled place and an opportunity to discuss the nature of directions appropriate for that controlled place.
11 Local Government (Aboriginal Lands) Amendment Section 60(5) provides for the same process to be used when it is proposed to amend or revoke a declaration. Section 61(1) provides for a person whose interests are affected by a proposed declaration to make an objection or supporting submission about a proposal to declare a public place. Section 61(2) provides for certain people to make a submission objecting to or supporting a proposed declaration about a private place. The submissions about a private place may be made by-- (a) a person or members of a group that has authority to control access under Aboriginal tradition; or (b) the occupier, person or group who use the place or neighbouring place. The term "neighbouring" has a common dictionary meaning. It is considered more appropriate for a person with a particular interest in a place to make a submission about the declaration of a place rather than allowing the whole of the community to make a submission. Section 61(3) provides for submissions to be expressed in writing to the Secretary on or before the closing day for receipt of submissions or by requesting a personal interview with the Law Council. Section 61(4) requires the Law Council to consider all objections properly made to it. This means the Law Council is not required to consider submissions received after the closing day for objections and submissions. It also means it is not obliged to consider submissions made about a private place if it considers the person does not have a particular interest in the place as specified under 60(2). Section 61(5) provides for a person who has requested an opportunity to express their view personally to the Law Council and does not appear after being given a reasonable opportunity to do so, looses their right to have their views considered about the relevant declaration. Section 61(6)--(7) provide that no fee is required to be paid by a person making a submission and the process used to make a submission applies to the amendment or revocation of a declaration. Section 62(1) requires the Law Council, once it makes a decision to declare a place dry or controlled, to provide a notice of the declaration to be
12 Local Government (Aboriginal Lands) Amendment displayed in a prominent place in the town and if practical at the place which is declared dry or controlled. Section 62(2) specifies the notice must include the following information:-- (a) the type of declaration (whether dry or controlled); (b) describe the place where the declaration is made; (c) state the day on which the declaration commences; (d) for a controlled place the directions made as part of the declaration; (e) if the declaration is for a limited time, state the fact and period of declaration; and (f) the relevant offence associated with a breach of the declaration under 67 and the maximum penalty. The Law Council could also call a public meeting to ensure people are given an opportunity to fully understand the terms of the declaration. Section 62(3) provides that the notification process described above also applies to the amendment or revocation of a declaration. Division 4--Permits Section 63(1) provides for a permit application to be made to the Law Council if directions about a controlled place state that alcohol can be possessed or consumed in the place in accordance with a permit. For example the Law Council may declare the roads controlled and make a direction that no more than a certain quantity/type of alcohol can be carried unless it is in accordance with a permit. The Law Council may also declare a park to be controlled and direct that no alcohol is to be taken into or consumed in the park unless it is in accordance with a permit. This means a group wishing to use the park for an event could apply to the Law Council for a permit to have and drink alcohol during the event. The group would also need a permit to transport the alcohol to the park if the quantity/type of alcohol to be carried to the park exceeded the amount allowed on the roads. Sections 63(2) provides that only an adult may apply for a permit.
13 Local Government (Aboriginal Lands) Amendment Section 63(3) requires the application to be in writing and provides the information to be included in a permit application. The application must identify the person or group of people applying for the permit; the type and quantity of alcohol it is proposed to carry or consume; the period the permit will cover and any conditions that could apply. A permit may cover more than one period of time. Sections 64(1) and (2) provide for the Law Council to grant or refuse a permit application and to consider the application as soon as reasonably practical. Section 64(3) provides for an application granted by the Law Council to differ from the application sought in relation to the quantity and type of alcohol, how and when the alcohol is to be transported and the period of the permit and any relevant conditions. For example a group may apply for a permit to have a certain quantity of beer in a park during a special event between the hours of 12pm and 8pm. The Law Council may grant the permit to have the quantity stated in the application but vary the period for which the permit is issued to between the hours of 12pm and 6pm. Section 64(4) provides that a permit may also be made subject to certain conditions stated in the permit. For example, where a permit is granted to have alcohol in a place controlled by the Shire Council, the Law Council may specify the place is to be open to inspection for the period covered by the permit. Section 64(5) provides that conditions must not be inconsistent with other provisions under this Part. For example, a permit could not be granted which allows the possession or consumption of alcohol in a dry place. Section 64(6) enables the Law Council to amend or revoke a permit including any conditions. Section 65(1) requires the Secretary to ensure a person granted a permit is issued with one in accordance with the Law Council's decision.
14 Local Government (Aboriginal Lands) Amendment Section 65(2) provides for a permit to include the following information:-- (a) the name of the person or group and the quantity and type of alcohol the person or group is permitted to possess; (b) state how and when the alcohol is to be transported if relevant; (c) the period the permit will be in force; (d) any condition specified by the Law Council. Section 66 enables the Law Council to set a fee for the issue of a permit which shall not be more than $5. Any fee must be paid to the Shire Council before the permit is issued. Section 67(1) makes it an offence to possess or consume alcohol in a controlled place unless it is in accordance with directions or a permit in force for the place. Maximum penalty: 250 penalty units (currently equivalent to $15000) Section 67(2) makes it an offence to consume or possess alcohol in a dry place in any circumstances. Maximum penalty: 250 penalty units (currently equivalent to $15000) Section 67(3) enables a police officer to arrest a person without a warrant in circumstances where the officer reasonably believes an offence is or has been committed and proceedings by way of complaint and summons would be ineffective. Division 5--Authorisation of Aboriginal police officers Section 68 enables a police officer to authorises Aboriginal police to investigate a breach of section 67. The authorisation must be in writing and may be general or limited e.g. the exercise of the powers of an Aboriginal police officer may be limited to a particular period of time or to a particular area within the Shire. Only a State police officer has a power of arrest under the Bill.
15 Local Government (Aboriginal Lands) Amendment Division 6--Authorised officer's entry to places and vehicles Section 69 sets out the circumstances in which an authorised officer may enter a place under this Part. Section 70 outlines procedures to be followed by an authorised officer to gain the occupier's consent to enter a place. The section also provides that an authorised person may ask for written acknowledgment of the occupier's consent and specifies details to be included in the acknowledgment. Section 71 provides for an authorised officer to apply to a Magistrate for a warrant to enter a place and sets out the grounds for considering the issue of a warrant by a Magistrate. Section 72 provides that warrant applications may be made other than in person in special or urgent circumstances. The section outlines procedures to be followed by both the Authorised officer and a Magistrate in issuing warrants in those circumstances. Section 73 provides for general powers of authorised officers who enter a place under this Part. This section also makes it an offence not to comply with a request made under this section. Maximum penalty: 60 penalty units (currently equivalent to $3600) Section 74 provides for general powers of authorised officers to enter a vehicle if the officer reasonably believes the vehicle contains evidence of the commission of an offence under this Part. However, an authorised officer may not exercise these general powers in relation to personal possessions found in the vehicle. In addition, if the vehicle is unattended, an authorised officer must take reasonable steps to advise its owner or the person in control of the vehicle before making entry to the vehicle. This section makes it an offence for a person to fail to comply with a requirement unless he or she has a reasonable excuse. Maximum penalty: 60 penalty units (currently equivalent to $3600) Section 75 provides for an authorised officer intending to enter a vehicle under this Part to require the person in control of a vehicle to stop or not to move it.
16 Local Government (Aboriginal Lands) Amendment This section makes it an offence for a person to fail to comply with the requirement unless he or she has a reasonable excuse. Maximum penalty: 40 penalty units (currently equivalent to $2400). Division 7--Power to seize evidence Section 76 outlines an authorised officer's power to seize evidence. It provides for an authorised officer to enter a place with the occupier's consent to seize evidence if the officer reasonably believes a thing is evidence of an offence and its seizure is consistent with the purpose of the entry. An authorised officer may also seize evidence for which a warrant is issued. The officer may seize anything else in the place if the officer reasonably believes it is necessary to seize the thing to prevent its loss or destruction or the continuation of an offence. This section also enables an authorised officer to seize a thing, including a vehicle, if the officer reasonably believes the thing has just been used in the commission of an offence against this Part. Section 77 enables an authorised officer to move a seized thing or leave it at the place of seizure and restrict access to it. A person must not tamper with a seized thing without an authorised officer's approval. This section also enables an authorised officer to require a seized thing to be taken to a specified place. The requirement should be made in writing however if this is impractical the officer may make a verbal request which should be confirmed in writing as soon as possible. This section makes it an offence for a person not to comply with either of the requirements mentioned above or any further requirement made under this Section if it is necessary and reasonable to make the further requirement. Maximum penalty: 60 penalty units (currently equivalent to $3600) Section 78 requires an authorised officer to issue a receipt for a thing seized under this Part as soon as practicable. If it is not practical to comply with this requirement the officer must leave a receipt at the place where the evidence was seized. This section may not apply to a thing if it is
17 Local Government (Aboriginal Lands) Amendment impractical or unreasonable to give the receipt having regard to the nature, condition and value of the thing e.g. opened containers of alcohol. Section 79 sets out the circumstances in which a seized thing is forfeited to the Shire Council by an authorised officer. This section also provides the procedure to be followed by an authorised officer before making a decision to forfeit a thing to the Shire Council. Section 80 sets out the timeframe within which a seized thing which is not forfeited must be returned to its owner. Section 81 provides for an owner to be given reasonable access to inspect a seized thing until it is forfeited or returned to its owner. Division 8--General powers Section 82 enables an authorised officer to require a person to state their name and address if the person is found committing an offence against this Part or in circumstances where the officer reasonably suspects the person has committed an offence. The section also provides for an authorised officer to require evidence of the correctness of the information. This section makes it an offence to fail to comply with this requirement unless the person has a reasonable excuse. Maximum penalty: 40 penalty units (currently equivalent to $2400) Section 83 sets out the steps that a police officer must take if a person fails to comply with a requirement to provide an officer with their name and address under Section 82. A police officer may arrest a person without a warrant where the officer reasonably suspects a person has not properly complied with a request to provide details of their name and address and where proceedings by way of complaint and summons would be ineffective. Section 84 makes it an offence to fail to produce for inspection a permit issued to the person. Maximum penalty: 50 penalty units (currently equivalent to $3000)
18 Local Government (Aboriginal Lands) Amendment Division 9--Other enforcement matters Section 85 makes it an offence to state anything to an authorised officer or the Law Council information which to the person's knowledge is false or misleading. Maximum penalty: 60 penalty units (currently equivalent to $3600) Section 86 makes it an offence to give a document to an authorised person which contains information the person knows is false or misleading. Maximum penalty: 60 penalty units (currently equivalent to $3600) Section 87 makes it an offence for a person to obstruct or hinder an authorised officer in the exercise of power under this Part unless he or she has a reasonable excuse. Maximum penalty: 60 penalty units (currently equivalent to $3600) This section also allows a police officer to give assistance to an aboriginal police officer, where the officer is being obstructed. Section 88 sets out the procedures a police officer must use in circumstances where a person continues to obstruct an authorised officer, after being warned that it is an offence. The police officer may arrest the person without a warrant under certain circumstances. Section 89 makes it an offence to pretend to be an authorised officer. Maximum penalty: 60 penalty units (currently equivalent to $3600). Section 90 provides the circumstances in which the Court can order the forfeiture of a thing to the Shire Council upon conviction of an offence against this Part. However this section does not limit the court's powers under the Penalties and Sentences Act or any other Act. Section 91 provides for a thing which is forfeited to the Shire Council to be dealt with by the Council under the Local Government Act 1993. Section 92 provides that if while exercising a power under this Part, an authorised officer damages anything, the officer must notify the owner of the thing (including a person in possession or control of the thing) by written notice. However, if it is impractical to give the notice to the owner the officer must leave the notice at the place where the damage occurred.
19 Local Government (Aboriginal Lands) Amendment Section 93 outlines the circumstances when a person may claim compensation from the State for loss or expense incurred because of the exercise of a power under this Part. Division 10--Review of decisions Section 94 provides that a person whose interests are affected by a decision of the Law Council may seek a review of that decision by the Law Council. A person includes an entity e.g. the Shire Council, ACI or a State Department. This section does not apply to a decision to invite applications or to publish a notice proposing to declare a place dry or controlled. This section also provides for a person's right to receive a statement of reasons for a decision. Section 95 provides for a person applying for a review of a decision to do so within 28 days after notice of the decision was given or they become aware of the decision. The person may also request the Law Council to state the reasons for the decision. This section also allows the Law Council to extend the period for applying for a review of its decisions. Section 96 provides that if a person applies to the Law Council for a decision to be reviewed, it may immediately apply to a Magistrates Court for the decision to be "put on hold" pending the outcome of the review. Section 97 provides for the Law Council to consider an applicant's representations. After reconsidering the applicants reasons for challenging its decision, the Law Council may confirm or amend the decision appealed against or substitute a new decision and must immediately give the applicant written notice of the decision. The notice should inform the applicant the reasons for the decision and that an appeal may be made to a Magistrate's Court. This section also requires the Law Council to immediately give the applicant written notice of the decision and if it is not the decision sought by the applicant, give notice that the applicant may appeal against the decision to a Magistrates Court within 28 days.
20 Local Government (Aboriginal Lands) Amendment Division 11--Appeals Section 98 provides the timeframe in which an appeal is to be lodged and the process for instituting appeals. Section 99 provides that the Magistrates Court may order the decision appealed against to be "put on hold" pending the outcome of the appeal. Section 100 provides for rules of Court to be made to facilitate the procedures on appeal. Section 101 provides that any appeal decision by the Court is taken to be a decision of the Law Council. Section 102 provides for an appeal to the District Court from a decision of the Magistrate's Court on questions of law only. Division 12--Miscellaneous Section 103 provides that in proceedings for an offence against this Part, if it is relevant to prove that a substance in the possession of a person was alcohol; the substance is proved to be alcohol if its container had a label indicating it was alcohol a written notice under section 104 has not been received by the prosecuting authority; a police officer gives evidence that the container contained alcohol; the court considers the officer's evidence is reasonable and there is no evidence to the contrary. Section 104 provides for a notice to be issued in the same way as a summons for an offence to which section 103 applies. The notice is served in the same way as a summons under the Justices Act 1886. The notice must inform the person being summonsed that if they wish to challenge that the substance mentioned in the charge was alcohol, the person must give the prosecuting authority notice of their intention 14 days before the day fixed for the hearing. For the purposes of this Part the prosecuting authority is the Commissioner of Police where proceeding are brought by a police officer; the Law Council where proceedings are brought by the Law Council; or the person bringing the proceedings.
21 Local Government (Aboriginal Lands) Amendment Section 105 provides for application forms to be available at the office of the Aurukun Shire Council. Section 106 provides for applications under this Part to be filed at the office of the Shire Council during ordinary business hours. Section 107 provides for the Law Council's seal to be kept by the Secretary and used only as authorised by the Law council. This section also provides for judicial recognition of the seal appearing on a document. Section 108 provides that provisions under Part 6, Division 4 of the Liquor Act 1992 does not apply to places in the Shire. Division 13--Expiry of part Section 109 provides for this Part to expire 2 years from its commencement. Explanation of the provision in Part 7 is as follows: Section 110 provides a regulation making power. Explanation of the provisions in Part 8 is as follows: Section 111 provides for the Mornington Shire Council to be taken to have been issued a general license to sell liquor under the Liquor Act 1992. This transitional provision is necessary to continue the authority of the Council to trade as a result of the repeal of section 36 under which the Mornington Shire Council is currently operating a canteen. Section 112 provides for this Part to expire 2 years from its commencement. � The State of Queensland 1995