Document ID: chunk:federal_register_of_legislation:C2016C00958:section:15:p1
Version: federal_register_of_legislation:C2016C00958
Segment Type: section
Provision Reference: s 15 (pt 1/2)
Character Range: 21101–23768

15  By‑laws
 (1) The Kerrup‑Jmara Elders Aboriginal Corporation may make by‑laws, not inconsistent with any law of the Commonwealth or the State of Victoria, for or with respect to:
 (a) economic enterprise on the Condah land;
 (b) cultural activities on the Condah land;
 (c) the management, access, conservation, fire protection, development and use of the Condah land;
 (d) the declaration of sacred or significant sites or other areas of significance to Aboriginal people on the Condah land;
 (e) the activities to be permitted on the Condah land or any part of it;
 (f) protection and conservation of flora or fauna found on the Condah land;
 (g) in relation to the Condah land, the cutting, removal and sale of timber, the granting of revocable licences and the payment of royalties for timber to the Corporation;
 (h) hunting, shooting and fishing on the Condah land;
 (j) control of visitors in, and charging fees (to be paid to the Corporation) for entrance to, the Condah land;
 (k) the regulation and control of motor traffic and parking on the Condah land; and
 (m) the appointment of persons to enforce the by‑laws, and the powers and duties of those persons.
 (2) The by‑laws may provide that a contravention of a by‑law is an offence.
 (3) The regulations may provide, in respect of an offence against the by‑laws, for the imposition of:
 (a) if the offender is a natural person—a fine not exceeding 5 penalty units; or
 (b) if the offender is a corporation—a fine not exceeding 25 penalty units.
 (4) The regulations may make provision for and in relation to enabling a person who is alleged to have committed an offence against the by‑laws to pay to the Commonwealth, as an alternative to prosecution, a penalty not exceeding:
 (a) in the case of a natural person—1 penalty unit; or
 (b) in the case of a corporation—5 penalty units.
 (5) If the Kerrup‑Jmara Elders Aboriginal Corporation makes a by‑law, the directors of the Corporation must, within 7 days after making it, give a copy of the by‑law to the Minister.
 (6) For the purposes of the Legislation Act 2003, a by‑law made by the Kerrup‑Jmara Elders Aboriginal Corporation and received by the Minister is a legislative instrument made by the Minister on the day the by‑law is received.
Note: A by‑law made by the Corporation and received by the Minister is stated to be a legislative instrument made by the Minister so that the Minister may perform the functions of a rule‑maker in relation to the instrument under the Legislation Act 2003. For example, under that Act a rule‑maker for a legislative instrument is required to lodge the instrument (and any amendments and compilations of the