Queensland: Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984 (Qld)

Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984 An Act to provide for law and order in, the establishment of community justice groups for, and the regulation of alcohol possession and consumption in, community areas, and entry on trust areas, and for other purposes Part 1 Preliminary 1 Short title This Act may be cited as the Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984. 2 Commencement (1) Section 1 and this section shall commence on the day this Act is assented to for and on behalf of Her Majesty. (2) Except as is provided by subsection (1), this Act shall commence on 31 May 1984 or on such earlier date as is appointed by proclamation. (3) The date on which this Act, other than sections 1 and 2 commences as prescribed is in this Act referred to as the commencement of this Act. 3 [Repealed] 4 Definitions In this Act— Aboriginal land means Aboriginal land under the Aboriginal Land Act 1991. ACC, for part 9, division 3, see section 74. alcohol has the same meaning as liquor in the Liquor Act 1992. Note— See the Liquor Act 1992, section 4B. 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 approved form means a form approved under section 70. board means the board of management of Community Enterprise Queensland. chief executive officer means the individual appointed by the board as chief executive officer under section 60R. clerk of the court, for a community area, means the clerk of the court of the Magistrates Court having jurisdiction for the area. commencement— (a) for part 9—see section 72; and (b) for part 11—see section 86. community area means— (a) a community government area; or (b) the Shire of Aurukun or Mornington; or (c) an IRC area, a part of an IRC area, or an IRC division area; or (d) another area prescribed under a regulation. Community Enterprise Queensland means the entity continued in existence under section 60A(1) as Community Enterprise Queensland. community government is an indigenous local government, that is not an indigenous regional council, under the Local Government Act 2009. community government area is the local government area of a community government. community justice group means a community justice group established under part 4 for a community area. community police officer means a person appointed under section 12 as a community police officer for a community government area, IRC area or IRC division area. coordinator, for a community justice group, means the person appointed under section 22 by the group to perform the functions of coordinator for the group. dry place, for part 5, see section 27. fermenter, for part 5, see section 27. home-brew concentrate, for part 5, see section 27. home-brew kit, for part 5, see section 27. homemade alcohol, for part 5, see section 27. IIB means the Island Industries Board under this Act as in force immediately before the commencement of the Electricity and Other Legislation Amendment Act 2016, part 2. indigenous local government, for part 3, division 1, see section 8A. indigenous regional council means TSIRC or NPARC. IRC area means the local government area of an indigenous regional council. IRC division area means a part of an IRC area that, under the Local Government Act 2009, is one of the divisions into which the IRC area is divided for electoral purposes. liquor provisions means— (a) section 34; and (b) the Liquor Act 1992, sections 168B, 169 and 171. local law has the meaning given in the Local Government Act 2009. member means a member of a community justice group. native title holder, for part 6, see section 48. native title rights and interests, for part 6, see section 48. NPARC means the Northern Peninsula Area Regional Council. police officer in charge, for a community government area, IRC area or IRC division area, means the police officer in charge of the police station in the area or, if there is no police station in the area, the police officer in charge of the nearest police station. possess, for part 5, see section 27. post-amended Act, for part 11, see section 86. pre-amended Act, for part 11, see section 86. prescribed community area, for part 5, see section 27. relevant Bamaga area means the area that, immediately before the day that, under the Local Government Act 1993, is the changeover day for NPARC, was the Bamaga council area under the repealed Torres Strait Act. relevant Seisia area means the area that, immediately before the day that, under the Local Government Act 1993, is the changeover day for NPARC, was the Seisia council area under the repealed Torres Strait Act. repealed part 8, for part 9, division 3, see section 74. repealed Torres Strait Act means the Community Services (Torres Strait) Act 1984 as in force before its repeal under the Local Government and Other Legislation (Indigenous Regional Councils) Amendment Act 2007. residential premises, for part 5, see section 27. tenant, for part 5, see section 27. Torres Strait Islander land means Torres Strait Islander land under the Torres Strait Islander Land Act 1991. trust area, for part 6, see section 48. TSC means the Torres Shire Council. TSIRC means the Torres Strait Island Regional Council. Part 2 Administration 5 [Repealed] 6 [Repealed] 7 [Repealed] 8 Delegation by Minister or chief executive The Minister or chief executive may delegate his or her powers under this Act to an appropriately qualified officer of the department. 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 In this division— indigenous local government means any of the following local governments— (a) the Aurukun Shire Council; (b) the Mornington Shire Council; (c) a community government; (d) an indigenous regional council. indigenous local government area means— (a) the local government area for— (i) Aurukun Shire Council; or (ii) Mornington Shire Council; or (b) a community government area; or (c) an IRC area, including an IRC division area. 9 Jurisdiction and powers of police (1) Police officers have and may exercise in an indigenous local government area and in respect of persons therein the functions, duties and powers imposed or conferred on them by law that they have and may exercise in any other part of Queensland. (2) In respect of the discharge or exercise in an indigenous local government area of any function, duty or power a police officer has the protection accorded by law to a police officer in the discharge or exercise of that function, duty or power elsewhere in Queensland. (3) 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. (4) In respect in the performance in an indigenous local government area of any act or thing referred to in subsection (3) a police officer has the protection accorded by law to a police officer in the discharge or exercise by the officer of the officer's functions, duties and powers elsewhere in Queensland. 10 Entry upon indigenous local government areas etc. A police officer is entitled to enter on and to be in an indigenous local government area— (a) for the purpose of discharging or exercising a function, duty or power imposed or conferred on the officer by law; or (b) for the purpose of performing any act or thing that the officer is by this Act authorised to perform pursuant to an authority or requirement of a local law of an indigenous local government; and, in the case referred to in paragraph (b), the officer shall be deemed to be acting in the discharge of the officer's duty as a police officer. 11 Application to indigenous local government areas of laws relating to public places (1) For the purpose only of applying the provisions of laws in force in respect of any public place in Queensland to indigenous local government areas— (a) the right of access to or use of any place in an indigenous local government area by the general body of persons resident in the area is to be taken to have effect in law as if it were a right of access or use by the public; and (b) where any place would, but for its being in an indigenous local government area, be taken in law to be a public place, road, park or place of any other description it is to be taken so to be notwithstanding that it is in the area in question. (2) This section is not to be construed as conferring on any person a right of entry to indigenous local government areas. 12 Community police officers (1) The function of maintaining peace and good order in all parts of an indigenous local government area is that of persons who hold appointments for the time being as community police officers for the area. (2) An indigenous local government may appoint such number of persons as it considers necessary for the peace and good order of its area and the indigenous local government shall equip the persons appointed with a uniform and such other marks of authority as it thinks fit to enable them to discharge their function. (3) A person appointed under subsection (2) must have the qualifications prescribed under a regulation. (4) Subsection (3) does not limit the issues the indigenous local government may consider when deciding whether to appoint someone under subsection (2). (5) In this section— qualifications includes knowledge, skills and experience. 13 Discharge of community police officers' functions etc. (1) Community police officers appointed for an indigenous local government area shall have and may exercise within that area the functions, duties and powers conferred on them by a local law of the indigenous local government for the area. (2) Also, for the administration and enforcement of the liquor provisions in an indigenous local government area, the police officer in charge for the area may authorise a community police officer to exercise in the area the powers of— (a) an investigator under the Liquor Act 1992, part 7; or Note— For exercise of powers by community police officers under the Liquor Act 1992, part 7, see section 174A of that Act. (b) a police officer under the Police Powers and Responsibilities Act 2000, sections 60 to 62. (3) For subsection (2)(b), the Police Powers and Responsibilities Act 2000, sections 60 to 62, apply as if a reference in the sections to a police officer were a reference to a community police officer. (4) If at any time a police officer is, in execution of the officer's duty, stationed in or present in an indigenous local government area for which community police officers are appointed, the community police officers must discharge and exercise their functions, duties and powers subject to the direction and control of that police officer. (5) It is lawful for a community police officer to use reasonable force in the discharge of the officer's function of maintaining peace and good order in the area for which the officer is appointed. 14 Other functions of community police officers An indigenous local government may by its local laws or otherwise as it thinks fit charge community police officers appointed for its indigenous local government area with responsibility for ambulance services, firefighting services, emergency services and such other services associated with the local government of the area as it thinks fit. 15 Indemnification of community police officer for liability for tort (1) If— (a) a community police officer incurs legal liability for committing a tort while acting, or purporting to act, in the execution of duty as an officer; and (b) the officer acted honestly and without gross negligence; the State may indemnify the officer for the liability. (2) If— (a) a community police officer incurs legal liability for helping, directly or indirectly, a person suffering, or apparently suffering, from illness or injury in circumstances that the officer reasonably considers to be an emergency; and (b) the officer acted honestly and without gross negligence; the State must indemnify the officer for the liability. Division 2 Authorised officers 16 Authorised officers (1) A community government or indigenous regional council may appoint any person to be an authorised officer for its local government area for such period as the community government or indigenous regional council specifies, to protect the natural and cultural resources of the area. (2) Subject to subsection (3), an authorised officer appointed under subsection (1) is to perform such functions and duties and may exercise such powers as are prescribed in the local laws for the local government area in which the authorised officer is appointed, which local laws may have regard to Aboriginal tradition or Island custom. (3) An authorised officer may only perform a function or exercise a power, in respect of Aboriginal or Torres Strait Islander land in the local government area for which the authorised officer is appointed, under an agreement between the community government or indigenous regional council and the grantees of the land. 17 General powers of authorised officers (1) An authorised officer, in addition to such other powers and duties as from time to time devolve upon that officer under this Act or the local laws for the local government area for which the officer is appointed may do the following— (a) call to his or her aid a community police officer for the area where he or she has reasonable cause to apprehend any obstruction in the exercise of his or her powers or in the execution of his or her duties; (b) be accompanied and aided by any person the officer may think competent to assist him or her in making any inspection or examination for the purposes of the local laws for the area; (c) make such examination and inquiry as may be necessary to ascertain whether the provisions of this Act or the relevant local laws have been or are being complied with by any person or in respect of the area concerned; (d) at any time, stop any vehicle or vessel that he or she suspects on reasonable grounds to be used in the commission of a breach of the local laws for the area and search and examine that vehicle or vessel and all containers or other receptacles for any evidence of such a breach, and for that purpose may require the owner or person in charge thereof to open any such vehicle, vessel, container or other receptacle and expose its contents to view; (e) perform such other functions and duties and exercise such other powers and authorities as may be prescribed in the local laws for the area concerned. (2) An authorised officer who— (a) finds any person committing or believes on reasonable grounds that any person has committed an offence against this Act or the relevant local laws; or (b) is making inquiries or investigations with a view to establishing whether or not an offence against this Act or those local laws has been committed by any person; or (c) is of the opinion that the name, age and address or place of residence of any person is required for the purpose of giving effect to any provision of this Act or the relevant local laws, or for the purpose of enabling the authorised officer to carry out his or her powers and duties under this Act or the relevant local laws; may require such person to state his or her name, age and address or place of residence, and, if the authorised officer believes on reasonable grounds that any information given in this regard is false, may require evidence of the correctness thereof. (3) A person who fails to comply with a request of an authorised officer under subsection (2) commits an offence against this Act. Maximum penalty—4 penalty units. Division 3 [Repealed] (Repealed) Part 4 Community justice groups Division 1 Establishment, functions and powers 18 Establishment (1) A community justice group for a community area may be established under a regulation. (2) The regulation must state the group's name. 19 Functions and powers (1) The community justice group for a community area has the following functions— (a) taking part in court hearings and sentencing and bail processes as provided for in the Bail Act 1980, the Youth Justice Act 1992 and the Penalties and Sentences Act 1992; (b) developing networks with relevant agencies to ensure crime prevention, justice, community corrections and related issues impacting on indigenous communities are addressed; (c) supporting indigenous victims and offenders at all stages of the legal process; (d) making recommendations to the Minister administering the Liquor Act 1992, part 6A, about declarations under that part; (e) carrying out other functions given to it under this or another Act. (2) The group has power to do all things reasonably necessary to be done for performing its functions. (3) Without limiting subsection (2), the group has the powers conferred on it by this or another Act. Division 2 Provisions about membership of groups and group coordinators 20 Membership (1) The community justice group for a community area comprises the number of members prescribed under a regulation. (2) The Minister— (a) may appoint the members of a community justice group by publishing notice of the appointments on the Queensland Courts website; and (b) must give each member written notice of the member's appointment. (3) A regulation may make provision about the following— (a) eligibility of persons to be members; (b) nomination of persons as members; (c) terms on which, and period, a member holds office. (4) However, members must, to the greatest practicable extent, include at least 1 representative of each of the main indigenous social groupings in the area. (5) Members must be of good standing in the community. (6) If the Minister decides a member of a community justice group is no longer eligible or suitable for appointment to the membership of the community justice group, the Minister must— (a) revoke the member's appointment by written notice given to the member; and (b) publish notice of the revocation on the Queensland Courts website. (7) In this section— indigenous social grouping means a group of indigenous persons sharing a common basis of social affiliation, including family relationship, language, traditional land ownership and historical association. Queensland Courts website means— (a) www.courts.qld.gov.au; or (b) another website authorised by the chief executive for this section. 21 Investigations about suitability of community justice group members (1) The chief executive may make inquiries to decide whether a person is suitable for appointment as, or to continue as, a member of a community justice group. (2) Without limiting subsection (1), the chief executive may ask the commissioner of the police service for the following information— (a) a written report about the person's criminal history; (b) a brief description of the circumstances of any conviction mentioned in the criminal history. (3) The commissioner of the police service must comply with a request under subsection (2). (4) However, the chief executive may make a request about a person under subsection (2) only if the person has given the chief executive written consent for the request. (5) If the person does not give the written consent to the chief executive, it is taken that the person is not suitable for appointment as, or to continue as, a member of a community justice group. (6) The duty imposed on the commissioner of the police service to comply with the request applies only to information in the commissioner's possession or to which the commissioner has access. (7) The chief executive must ensure information given to the chief executive under subsection (3) is destroyed as soon as practicable after it is no longer needed for the purpose for which it was requested. (8) The chief executive must give the person a copy of information given to the chief executive under subsection (3). (9) The chief executive may delegate the chief executive's powers under this section to an appropriately qualified public service officer. (10) In this section— criminal history, of a person, means the person's criminal history as defined under the Criminal Law (Rehabilitation of Offenders) Act 1986, other than for a spent conviction. 21A Guidelines for dealing with suitability information (1) The chief executive must make guidelines, consistent with this Act, for dealing with information obtained by the chief executive under section 21. (2) The purpose of the guidelines is to ensure— (a) natural justice is afforded to a person about whom the information is obtained; and (b) only relevant information is used in making decisions about a person's membership of a community justice group (membership decisions); and (c) membership decisions, based on the information, are made consistently. (3) The chief executive must give a copy of the guidelines to a person on request. 22 Coordinator (1) The community justice group for a community area must appoint a coordinator for the community justice group for the area. (1A) However, if an incorporated entity has responsibility for the funding arrangements of the community justice group for the community area, the incorporated entity must appoint a coordinator for the community justice group for the area. (1B) Before appointing a coordinator for the community justice group for the area under subsection (1A), the incorporated entity must consult with the community justice group about the proposed appointment. (2) A regulation may make provision about the eligibility of a person to be appointed as coordinator. (3) The coordinator's functions are to— (a) provide administrative support to the group; and (b) attend meetings of the group to advise it on any issue before it; and (c) ensure minutes of the group's meetings are kept; and (d) ensure the reporting requirements under section 25 are complied with. Division 3 Miscellaneous provisions 23 Authentication of documents A document made by the community justice group for a community area is sufficiently made if it is signed by the coordinator for the group and a member of the group. 24 [Repealed] 25 Reporting requirements (1) Within 90 days after the end of each reporting period, a community justice group must prepare a report on its activities for the period and give the report to the chief executive. (2) The report must be in the approved form. (3) In this section— reporting period means— (a) the period prescribed under a regulation; or (b) if a period is not prescribed under paragraph (a)—each quarter of a financial year. Division 4 [Repealed] (Repealed) Part 5 Control of possession and consumption of alcohol in community areas Division 1 Preliminary 26 Purpose of pt 5 (1) The purpose of this part is to prevent harm in community areas caused by alcohol abuse and misuse and associated violence. (2) The purpose is to be achieved by— (a) prohibiting, in particular community areas— (i) the possession or supply of homemade alcohol; and (ii) the possession of substances used to make homemade alcohol; and (iii) the possession of things used to make homemade alcohol; and (b) providing for the declaration of places in community areas in which the possession and consumption of all alcohol is prohibited. 27 Definitions for pt 5 In this part— dry place means residential premises declared under division 2 as a dry place. fermenter means a container that could be used for the purpose of fermentation. home-brew concentrate means— (a) a substance, that includes malt and hops, ordinarily used for brewing beer; or (b) wort; or (c) grape concentrate ordinarily used for making wine. home-brew kit means a kit that includes all the following— (a) a fermenter; (b) an airlock; (c) a thermometer. homemade alcohol means alcohol made other than under a licence under— (a) the Excise Act 1901 (Cwlth); or (b) the Distillation Act 1901 (Cwlth). possess alcohol includes— (a) have custody or control of the alcohol; and (b) have an ability or right to obtain custody or control of the alcohol. prescribed community area means a community area prescribed under a regulation for section 38(3). residential premises see the Residential Tenancies and Rooming Accommodation Act 2008, section 10. tenant, of residential premises, means— (a) if the premises are let under the Residential Tenancies and Rooming Accommodation Act 2008—the tenant, of the premises, within the meaning of that term in section 13(1) of that Act; or (b) if the premises are let under the Aboriginal Land Act 1991, or the Torres Strait Islander Land Act 1991, for residential use, and are occupied by the lessee of the premises—the lessee of the premises; or (c) if the premises are not let, and are occupied by the owner of the premises—the owner of the premises. Division 2 Dry places 28 Declaration (1) 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. (2) The application must— (a) be in writing; and (b) be accompanied by documentary evidence that the applicant is the tenant of the premises. (3) If the premises have 2 or more tenants, the application must be jointly made by both or all the tenants. (4) The clerk must as soon as practicable consider the application, and make the declaration if the clerk is satisfied— (a) the applicant is the tenant of the premises; and (b) if the premises have 2 or more tenants—the application is jointly made by both or all the tenants. (5) If the clerk makes the declaration, the clerk must give written notice of the declaration to each of the following— (a) the applicant; (b) the Queensland Police Service. (6) The declaration takes effect once notice of the declaration is first displayed under section 29. (7) Subject to sections 31 and 32, the declaration remains in force— (a) if the application is made by a person mentioned in paragraph (a) of the definition tenant in section 27—indefinitely and regardless of a change in the tenant, of the premises, within the meaning of that term in the Residential Tenancies and Rooming Accommodation Act 2008, section 13(1); or (b) if the application is made by a person mentioned in paragraph (b) of the definition tenant in section 27, while the premises continue to be— (i) let under the Aboriginal Land Act 1991, or the Torres Strait Islander Land Act 1991, for residential use; and (ii) occupied by the applicant; or (c) if the application is made by a person mentioned in paragraph (c) of the definition tenant in section 27, while the premises continue— (i) not to be let; and (ii) to be occupied by the applicant. (8) If the clerk refuses to make the declaration, the clerk must give the applicant written notice of the refusal and the reason for the refusal. 29 Notice about declaration at premises (1) If residential premises in a community area are declared as a dry place, the tenant of the premises must display a notice of the declaration at or near each entrance to the premises while the declaration is in force. (2) The notice must— (a) sufficiently identify the premises; and (b) state that the declaration takes effect once notice of the declaration is first displayed under this section; and (c) state in general terms the effect of section 34 and the penalty for a contravention of the section. (3) A failure to continue to display a notice of the declaration under this section does not affect a person's liability to be convicted of an offence against section 34. 29A [Repealed] 29E [Repealed] 30 Notice about declaration at police station or on community noticeboard (1) If residential premises in a community area are declared as a dry place and there is a police station in the area, the police officer in charge of the station must display a notice of the declaration in a publicly accessible part of the station while the declaration is in force. (2) If residential premises in a community area are declared as a dry place and there is no police station in the area, the police officer in charge of the police station servicing the area must display a notice of the declaration on a community noticeboard in the area while the declaration is in force. (3) The notice mentioned in subsection (1) or (2) must— (a) sufficiently identify the premises; and (b) state in general terms the effect of section 34 and the penalty for a contravention of the section. (4) A failure to display a notice of the declaration under this section does not affect a person's liability to be convicted of an offence against section 34. 31 Suspension of declaration (1) The tenant of residential premises in a community area may apply to the clerk of the court for the area to suspend the declaration of the premises as a dry place for a period (the suspension period) of not more than 7 days. (2) The application must— (a) state the suspension period; and (b) be made at least 3 days before the start of the suspension period. (3) Section 28(2) to (5) and (8) apply, with all necessary changes, to the application as if it were an application to declare residential premises in a community area as a dry place. (4) If the declaration of residential premises in a community area as a dry place is suspended under this section, the tenant of the premises must display a notice detailing the suspension at or near each entrance to the premises while the suspension is in force. (5) The suspension takes effect once notices detailing the suspension are first displayed under subsection (4). (6) If there is a police station in the area, the police officer in charge of the station must display a notice detailing the suspension in a publicly accessible part of the station while the suspension is in force. (7) If there is no police station in the area, the police officer in charge of the police station servicing the area must display a notice detailing the suspension on a community noticeboard in the area while the suspension is in force. 32 Revocation of declaration (1) The tenant of residential premises in a community area may apply to the clerk of the court for the area to revoke the declaration of the premises as a dry place. (2) Section 28(2) to (5) and (8) apply, with all necessary changes, to the application as if it were an application to declare residential premises in a community area as a dry place. (3) If the declaration of residential premises in a community area as a dry place is revoked under this section, the tenant of the premises must remove all notices of the declaration displayed under section 29. (4) The revocation takes effect once the notices are removed under subsection (3). (5) Once the revocation takes effect, the police officer in charge of the relevant police station for the area must remove the notice of the declaration displayed under section 30. 33 Effect of declaration of premises as a dry place (1) This section applies if— (a) under this division, residential premises are declared as a dry place (the dry place declaration); and (b) the premises are in a restricted area under the Liquor Act 1992 to which section 168B of that Act applies because of a declaration under section 173H of that Act (the restricted area declaration). (2) The dry place declaration applies to the premises despite the restricted area declaration. 34 Possession or consumption of alcohol in or on dry place A person must not in, or on, a dry place possess or consume alcohol. Maximum penalty—19 penalty units. 35 False or misleading statements (1) A person must not state anything, under this division, to a clerk of the court that the person knows is false or misleading in a material particular. Maximum penalty—8 penalty units. (2) In a proceeding for an offence against subsection (1), it is enough to state that the statement made was, without specifying which, false or misleading. 36 False or misleading documents (1) A person must not give, under this division, to a clerk of the court a document containing information the person knows is false or misleading in a material particular. Maximum penalty—8 penalty units. (2) Subsection (1) does not apply to a person if the person, when giving the document— (a) tells the clerk, to the best of the person's ability, how it is false or misleading; and (b) if the person has, or can reasonably obtain, the correct information—gives the correct information. (3) In a proceeding for an offence against subsection (1), it is enough to state that the document was, without specifying which, false or misleading. 37 Fee not payable for application A fee is not payable for an application under this division— (a) to have residential premises in a community area declared as a dry place; or (b) to have the declaration of residential premises in a community area as a dry place suspended or revoked. Division 3 Provisions relating to homemade alcohol 38 Offences relating to homemade alcohol (1) Subsection (2) applies if— (a) a community area or part of a community area (the part community area) is, or is in, a restricted area under the Liquor Act 1992 to which section 168B of that Act applies because of a declaration under section 173H of that Act; and (b) the prescribed quantity of liquor of any type a person may under that Act possess for the restricted area, other than under the authority of a restricted area permit under that Act, is zero. (2) A person must not in the community area or part community area— (a) possess a home-brew kit or component of a home-brew kit; or (b) possess equipment, or a component of equipment, that is being used, or has been used, to brew alcohol; or (c) possess home-brew concentrate; or (d) possess a substance other than home-brew concentrate, or a combination of substances, with the intention of using the substance or substances to make homemade alcohol; or (e) supply homemade alcohol to another person. Maximum penalty—190 penalty units. (3) A person must not in a prescribed community area— (a) possess a home-brew kit or component of a home-brew kit; or (b) possess equipment, or a component of equipment, that is being used, or has been used, to brew alcohol; or (c) possess home-brew concentrate; or (d) possess a substance other than home-brew concentrate, or a combination of substances, with the intention of using the substance or substances to make homemade alcohol; or (e) possess homemade alcohol; or (f) supply homemade alcohol to another person. Maximum penalty—190 penalty units. (4) In this section— component, of a home-brew kit, means a device that is apparently intended to be part of a home-brew kit. 39 Relationship with restricted areas (1) This section applies if a prescribed community area or part of a prescribed community area is, or is in, a restricted area under the Liquor Act 1992 to which section 168B of that Act applies because of a declaration under section 173H of that Act (the restricted area declaration). (2) Section 38(3)(e) applies to the whole of the prescribed community area despite the restricted area declaration. 40 [Repealed] 41 [Repealed] 42 [Repealed] 43 [Repealed] 44 [Repealed] 45 [Repealed] 46 [Repealed] 47 [Repealed] Division 4 [Repealed] (Repealed) Division 5 [Repealed] (Repealed) Division 6 [Repealed] (Repealed) Part 6 Entry on trust areas 48 Definitions for pt 6 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 or IRC area that is— (a) contained in a deed of grant in trust for a community purpose that is Aboriginal purposes or Torres Strait Islander purposes under the Land Act 1994; or (b) contained in a reserve for a community purpose that is Aboriginal purposes or Torres Strait Islander purposes under the Land Act 1994; or (c) land mentioned in paragraph (a) or (b) that has become Aboriginal or Torres Strait Islander land. 49 Entry on trust area only in certain circumstances A person must not enter, or be in, a trust area other than as permitted under this part. Maximum penalty—35 penalty units. 50 Entry on trust area etc. by non-residents (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 or indigenous regional council 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 or Torres Strait Islander land only with the written consent of the grantee of the land. (5) Subsection (6) 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), or is permitted under the Torres Strait Islander Land Act 1991 to enter and be on Torres Strait Islander land (the Torres Strait Islander land area); and (b) the Aboriginal or Torres Strait Islander land area is situated within the trust area. (6) The person may enter and be in another part of the trust area for the purpose of entering the Aboriginal or Torres Strait Islander land area. (7) 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. 51 Notice about resolution (1) A community government or indigenous regional council must, as soon as practicable after passing a resolution under section 50(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 50. 52 Community government or indigenous regional council may impose restrictions on entry etc. (1) Subject to subsection (2), a community government or indigenous regional council 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 50(1)(b) or (2); or (b) restrict the time for which a person may live at a place within the trust area under section 50(1)(b) or (2). (2) A community government or indigenous regional council 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. 53 General authority to enter etc. trust area (1) The following persons are authorised to enter, be in and live in a trust area— (a) an Aboriginal person or Torres Strait Islander 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 or indigenous regional council 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 or Torres Strait Islander 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. 54 Entry on and temporary stay in trust area Without limiting section 53, 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. 55 Removal from trust area (1) A police officer or community 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 a community police officer exercising or attempting to exercise a power under subsection (1) against a person, and anyone helping the community police officer, to use reasonably necessary force to exercise the power. Note— See also the Police Powers and Responsibilities Act 2000, section 615. (3) The force a community 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. Part 7 Aid and administration of estates 56 Grant of aid (1) Subject to and in accordance with the regulations (if any) applicable to the grant in question, the chief executive may grant aid to any Aboriginal person or Torres Strait Islander person who applies to the chief executive therefor and, where necessary, may apply therein money appropriated by Parliament for the purpose or money held for the benefit of Aboriginal peoples or Torres Strait Islander peoples generally. (2) Subject as prescribed by subsection (1), aid granted under that subsection may be of such a type (in money, in kind, or by way of services) and may be granted in such circumstances, on such terms and conditions and, where granted by way of secured loan, on such security as the chief executive thinks fit. 57 [Repealed] 58 [Repealed] 59 [Repealed] 60 Administration of estates of Aboriginal persons and Torres Strait Islander persons (1) In the absence of a testamentary instrument duly made by an Aboriginal person or Torres Strait Islander person who has died or is to be presumed to have died and if it should prove impracticable to ascertain the person or persons entitled in law to succeed to the estate of the Aboriginal person or Torres Strait Islander person or any part of it, the chief executive may determine which person or persons shall be entitled to so succeed or whether any person is so entitled. (2) The person or persons determined by the chief executive to be entitled to succeed to an estate or to any part of it shall be the only person or persons entitled in law to succeed to the estate or, as the case may be, part and, if more than 1 person is so determined, to succeed in the order and proportions determined by the chief executive. (3) A certificate purporting to be signed by the chief executive that the person or persons named therein is or are entitled to succeed to the estate or any part of the estate of the person named therein (being a person to whose estate subsections (1) and (2) apply), or that there is no person so entitled shall be conclusive evidence of the matters contained therein. (4) If, so far as can be determined, there is no person entitled to succeed to the estate or a part of the estate of an Aboriginal person or Torres Strait Islander person who has died or is to be presumed to have died the estate or, as the case may be, part shall vest in the chief executive who shall apply the moneys or the proceeds of the sale of any property (less the expenses (if any) of such sale) for the benefit of Aboriginal peoples or Torres Strait Islander peoples generally as provided by section 56. Part 7A Community Enterprise Queensland Division 1 Establishment, functions and powers of Community Enterprise Queensland 60A Community Enterprise Queensland (1) IIB is continued in existence as Community Enterprise Queensland. (2) Community Enterprise Queensland— (a) is a body corporate; and (b) may sue and be sued in its corporate name. 60B Functions Community Enterprise Queensland has the following functions— (a) to act as a commercial enterprise for the general convenience or benefit of the residents of the communities in which Community Enterprise Queensland performs its functions; (b) to provide the communities mentioned in paragraph (a) with access to a range of food, drinks and household items essential for a healthy life at a fair price; (c) to apply its operating surplus or assets to promote, support and improve its services and the general welfare, including the knowledge and skills, of the Aboriginal and Torres Strait Islander residents of the communities mentioned in paragraph (a). Examples of supporting residents— • encouraging the development of trade, commerce and businesses in the communities • supporting trade, commerce and businesses carried out by residents of the communities • providing support for educational or health initiatives, local organisations and community programs or activities 60C Powers Community Enterprise Queensland has all the powers of an individual and may, for example— (a) enter into contracts; and (b) acquire, hold, deal with and dispose of property; and (c) employ staff; and (d) appoint agents and attorneys; and (e) engage consultants; and (f) charge for, and place conditions on, the supply of goods, services or information it supplies; and (g) establish funds to ensure the efficient conduct of its enterprises and other activities; and (h) carry on any business consistent with the performance of its functions; and (i) do anything else necessary or convenient to be done in the performance of its functions. Division 2 The board 60D Establishment Community Enterprise Queensland has a board of management. 60DA Role of board (1) The board is responsible for the way Community Enterprise Queensland performs its functions and exercises its powers. (2) The board's role includes— (a) deciding Community Enterprise Queensland's strategies for performing its functions and deciding the operational, administrative and financial policies under which Community Enterprise Queensland is to operate; and (b) ensuring Community Enterprise Queensland performs its functions and exercises its powers effectively and efficiently; and (c) ensuring Community Enterprise Queensland acts under, and achieves the objectives in, the policies mentioned in paragraph (a); and (d) accounting to the Minister about the performance of Community Enterprise Queensland's functions and the exercise of its powers; and (e) reviewing annually the performance of the chief executive officer. 60DB Appointment of members (1) The board consists of at least 5, but not more than 10, members appointed by the Governor in Council. (2) At least 1 member of the board must be a consumer representative. (2A) At least 1 member of the board must be a community representative. (3) A person is qualified to be nominated by the Minister for appointment as a member of the board only if the person— (a) has— (i) commercial or management skills and experience; or (ii) other skills and experience relevant to the performance of Community Enterprise Queensland's functions; and (b) is not disqualified under this division from being a member. (4) In this section— community representative means a person who the Minister considers represents the interests of the communities in which Community Enterprise Queensland performs its functions. consumer representative means a person who the Minister considers represents the consumers of services provided by Community Enterprise Queensland. 60E Chairperson of the board (1) The Governor in Council may appoint a member of the board to be its chairperson. (2) A person may be appointed as the chairperson at the same time the person is appointed as a member. (3) The chairperson holds office for the term decided by the Governor in Council unless the person's term of office as a member ends sooner than the person's term of office as chairperson ends. (4) A person may be appointed as the chairperson for not more than 2 consecutive terms. (5) A vacancy arises in the office of chairperson if the person holding the office— (a) resigns the office by signed notice of resignation given to the Minister; or (b) ceases to be a member. (6) A person resigning the office of chairperson may continue to be a member. 60F Deputy chairperson of the board (1) The board must appoint a member of the board to be its deputy chairperson. (2) A vacancy arises in the office of deputy chairperson if— (a) the person holding the office resigns the office by signed notice of resignation given to the chairperson; or (b) the person's term of office as a board member ends; or (c) the person otherwise stops being a board member. (3) However, a person may resign from the office of deputy chairperson and continue to be a member. (4) The deputy chairperson must act as chairperson— (a) during a vacancy in the office of chairperson; and (b) during all periods when the chairperson is absent from duty or, for another reason, can not perform the functions of the office. 60G Term of appointment A member of the board may be appointed for a term of not more than 4 years. 60H Disqualification from membership A person can not become, or continue to be, a member of the board if the person— (a) is or becomes an insolvent under administration; or (b) is disqualified from managing corporations under the Corporations Act, part 2D.6; or (c) has been, or is, convicted of an indictable offence; or (d) has been, or is, convicted of an offence against this Act. 60I Vacation of office (1) A member of the board is taken to have vacated office as a member if the member— (a) resigns by signed notice of resignation given to the Minister; or (b) under this part, can not continue to be a member; or (c) is absent without the board's permission from 3 consecutive meetings of the board of which proper notice has been given; or (d) is absent, in any period of 6 months, and without the board's permission, from all meetings of the board of which proper notice has been given. (2) If the member attends for a meeting of which proper notice is given, but for which a quorum is not present, the meeting is nevertheless taken to be a meeting at which the member was present. 60J When notice of resignation takes effect A notice of resignation given under this part takes effect when it is given to the person to whom it is required to be given or, if a later time is stated in the notice, at the later time. 60K Conduct of business Subject to any other requirement of this part, the board may conduct its business, including its meetings, in the way it considers appropriate. 60L Times and places of meetings (1) The board's meetings are to be held at the times and places the chairperson decides. (2) However, the chairperson must call a meeting if asked in writing to do so by the Minister or by at least the number of members required for a quorum for a meeting of the board. 60M Quorum A quorum for a meeting of the board is the number equal to half of the number of its members or, if that is not a whole number, the next highest whole number. 60N Presiding at meetings (1) The chairperson must preside at all meetings of the board at which the chairperson is present. (2) If the chairperson is absent from a board meeting or there is a vacancy in the office of chairperson, the deputy chairperson must preside. (3) If the chairperson and the deputy chairperson are both absent from a board meeting, or if both offices are vacant, a member chosen by the members present must preside. 60O Conduct of meetings (1) A question at a board meeting is decided by a majority of the votes of the members present. (2) Each member present at the meeting has a vote on each question to be decided and, if the votes are equal, the member presiding also has a casting vote. (3) A member present at the meeting who abstains from voting is taken to have voted for the negative. (4) The board may hold meetings, or allow members to take part in its meetings, by using any technology allowing reasonably contemporaneous and continuous communication between persons taking part in the meeting. Example of technology allowing reasonably contemporaneous and continuous communication— teleconferencing (5) A person who takes part in a board meeting under subsection (4) is taken to be present at the meeting. (6) A resolution is validly made by the board even if it is not passed at a board meeting if— (a) a majority of the board members gives written agreement to the resolution; and (b) notice of the resolution is given under procedures approved by the board. 60P Minutes (1) The board must keep— (a) minutes of its meetings; and (b) valid resolutions passed other than at a board meeting. (2) Subsection (3) applies if a resolution is passed at a board meeting. (3) If asked by a member who voted against the passing of the resolution, the board must record in the minutes of the meeting that the member voted against the resolution. 60Q Disclosure of interests (1) This section applies to a board member (the interested person) if— (a) the interested person has a direct or indirect interest in an issue being considered, or about to be considered, by the board; and (b) the interest could conflict with the proper performance of the person's duties about the consideration of the issue. (2) As soon as practicable after the relevant facts come to the interested person's knowledge, the person must disclose the nature of the interest to a board meeting. (3) Unless the board otherwise directs, the interested person must not— (a) be present when the board considers the issue; or (b) take part in a decision of the board about the issue. (4) The interested person must not be present when the board is considering whether to give a direction under subsection (3). (5) If there is another person who must, under subsection (2), also disclose an interest in the issue, the other person must not— (a) be present when the board is considering whether to give a direction under subsection (3) about the interested person; or (b) take part in making the decision about giving the direction. (6) If— (a) because of this section, a board member is not present at a board meeting for considering or deciding an issue, or for considering or deciding whether to give a direction under subsection (3); and (b) there would be a quorum if the member were present; the remaining persons present are a quorum for considering or deciding the issue, or for considering or deciding whether to give the direction, at the meeting. (7) A disclosure under subsection (2) must be recorded in the board's minutes. Division 3 Chief executive officer 60R Chief executive officer (1) Community Enterprise Queensland must have a chief executive officer. (2) Subject to any direction given by the Minister, the board is to appoint the chief executive officer. (3) The chief executive officer— (a) is an employee of Community Enterprise Queensland; and (b) is appointed under this Act and not under the Public Sector Act 2022. 60RA Role of chief executive officer (1) The chief executive officer is responsible for managing the day-to-day operations of Community Enterprise Queensland. (2) In carrying out the chief executive officer's responsibilities, the chief executive officer must act in accordance with the strategies and policies decided by the board under section 60DA(2)(a). 60RB Disqualification as chief executive officer A person is disqualified from becoming, or continuing as, the chief executive officer if the person— (a) has a conviction, other than a spent conviction, for an indictable offence; or (b) is an insolvent under administration; or (c) is disqualified from managing corporations under the Corporations Act, part 2D.6; or (d) has been, or is, convicted of an offence against this Act. 60RC Chief executive officer not to engage in other paid employment The chief executive officer must not, without the board's prior written approval— (a) engage in paid employment outside the responsibilities of the office of the chief executive officer; or (b) actively take part in the activities of a business, or in the management of a corporation carrying on business. 60S Conflicts of interest (1) If the chief executive officer has an interest that conflicts, or may conflict, with the discharge of the officer's responsibilities, the officer— (a) must disclose the nature of the interest and conflict to the board as soon as practicable after the relevant facts come to the officer's knowledge; and (b) must not take action or further action concerning a matter that is, or may be, affected by the conflict unless authorised by the board. (2) The board may direct the chief executive officer to resolve a conflict or possible conflict between an interest of the officer and the officer's duties. Division 4 Miscellaneous 60T Community Enterprise Queensland is statutory body (1) Under the Statutory Bodies Financial Arrangements Act 1982, Community Enterprise Queensland is a statutory body. (2) The Statutory Bodies Financial Arrangements Act 1982, part 2B sets out the way in which Community Enterprise Queensland's powers under this Act are affected by the Statutory Bodies Financial Arrangements Act 1982. 60U Audit of Community Enterprise Queensland's accounts (1) Community Enterprise Queensland's accounts must be audited by the auditor-general or a person authorised by the auditor-general. (2) The person who conducts the audit has, in relation to the audit and the accounts, all the powers of the auditor-general under the Auditor-General Act 2009 as if Community Enterprise Queensland were a department of government. (3) For the audit, Community Enterprise Queensland must pay the fee decided by the auditor-general. (4) The auditor-general— (a) must at least once a year, report to the Minister the result of each audit carried out under this section; and (b) may include with the report recommendations to the Minister about Community Enterprise Queensland's accounts. (5) The auditor-general must give the board's chairperson a copy of the report and any recommendations. (6) The chairperson must table the report and any recommendations at the board's next meeting after the chairperson receives them. (7) The Minister and the board's chairperson must consider the auditor-general's report and any recommendations. 60V Annual report by Community Enterprise Queensland As soon as practicable after 30 June in each year, Community Enterprise Queensland must give the Minister a full report of its operations during the period of 1 year ending on that day. 60VA Board to report on functions, finances and operations (1) The Minister may, by written notice, ask the board to give a report