MW Official notice to Queensland Police Service 6 April 2022

António Guterres Secretary-General United Nations 405 East 42nd Street, NEW YORK, NY, 10017, USA His Excellency General the Honourable David Hurley AC DSC (Retd), Governor-General of the Commonwealth of Australia, Government House, Dunrossil Drive, YARRALUMLA ACT 2600 The Hon Scott Morrison MP Prime Minister Parliament House CANBERRA ACT 2600 The Hon. Michaelia Clare Cash Attorney-General Commonwealth of Australia Robert Garran Offices 3-5 National Circuit BARTON ACT 2600 Commissioner, Reece Kershaw Australian Federal Police Edmund Barton Building, Kings Avenue, BARTON ACT 2600 Annastacia Palaszczuk Premier of Queensland 1 William Street BRISBANE QLD 4000

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The Hon. Shannon Fentiman, MP, Attorney-General and Minister for Justice, Minister for Women and Minister for the Prevention of Domestic and Family Violence.

1 William Street BRISBANE QLD 4000 Katarina Carroll Commissioner Queensland Police Service 200 Roma Street Brisbane QLD 4000 Officer in Charge Cairns Police Station Queensland Police Service 5 Sheridan Street, CAIRNS QLD 4870

Notice Notice to Agent is Notice to Principal; Notice to Principal is Notice to Agent Take Notice, Gayaburra galin Nyundu, may God’s peace be with you in the almighty name Yeshua Hamaschiach, for it is written he is King of Kings and Lord of Lords. I, Murrumu Walubara, Minister for Foreign Affairs and Trade, Sovereign Yidindji Government have been instructed by the Sovereign Yidindji Government to inform you that the Sovereign Yidindji Government has revitalised and modernised the Mayarra Nyalalji known in English as the Yidindji Police Force.

Notice (see attachment 1) was sent via registered Australian Post in January 2013 to inform the world that the Yidindji Nation would be exercising the unceded or unextinguished sovereignty to revitalise the Yidindji Nation including the Yidindji Police Force, point 4 of that document.

Monday the 1st of December 2014 Public Notice PN14 (see attachment 2) was released informing the world of the Yidindji Police had been granted the force of law to uphold the laws so as to maintain peace and order within the Yidindji Territory upon the commencement of the Police Act 2014 on the 1st day of December 2014 (see attachment 3).

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Tuesday the 2nd of December 2014 Public Notice PN15 (see attachment 4) was released informing the world that the Yidindji Police Force is identified by the emblem as depicted on that Public Notice.

The Sovereign Yidindji Government as the appointed governing and representative institution of the Yidindji Nation have developed the structures necessary for the Yidindji identity and membership to be done in accordance with customs and traditions of the Yidindji Nation.

The Yidindji Citizen can be identified by a number of instruments, namely the Yidindji Identification Card (see attachment 5) the Yidindji Passport (see attachment 6) and the Yidindji Digital SSIS (see attachment 7) This position is supported by the various articles of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), whilst this declaration is considered by the Commonwealth of Australia as an “Aspirational Declaration” it does show intent that the Commonwealth of Australia affirms the aspirations of indigenous Aboriginal Nations that they possess a right under the international declaration to autonomy and self-government and not be forced to assimilate in the life of the Commonwealth of Australia.

The Commonwealth of Australia supported this declaration in April 2009 1 In accord with Article 20 of the UNDRIP the Yidindji Nation created the Sovereign Yidindji Government “Indigenous peoples have the right to maintain and develop their political, economic and social systems or institutions, to be secure in the enjoyment of their own means of subsistence and development, and to engage freely in all their traditional and other economic activities.” 2 These acts, namely the Births, Deaths and Marriages Act 2014 and Yidindji Citizenship Act 2014 create the legal identity through which the man, woman or child can participate in the life of the Yidindji Nation. At this point in time due to the lack of a treaty or formal agreement these legal identities are not cognizable in the various municipal courts of the Commonwealth of Australia and or the State of Queensland. All men, women and children when participating in the life of the Yidindji Nation are seen through the Yidindji legal identity and not the legal identity of the numerous States of Australia, Commonwealth of Australia, or any other United Nations Member State. Upon request the Yidindji citizen will present the Yidindji legal identity when participating in the life of the Yidindji Nation. There are various forms of Yidindji identification, including but not limited to plastic card, paper

1 2

https://www.un.org/esa/socdev/unpfii/documents/Australia_official_statement_endorsement_UNDRIP.pdf United Nations Declaration on the Rights of Indigenous Peoples

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card and digital blockchain SSID presented on an electronic device. All identities can be verified by contacting the Yidindji Department of Foreign Affairs and Trade, or the Yidindji Police Commissioner. Legal identities will be discussed in further detail later in this document.

Sovereignty The issue of sovereignty of the Commonwealth of Australia as an act of State cannot be legally challenged in the Australian municipal courts for in doing so “…would fracture the skeleton of principle which gives the body of our law its shape and consistency. The law which governs Australia is Australian law.” 3 “The Referendum Council was jointly appointed by the Prime Minister Malcolm Turnbull and Leader of the Opposition Bill Shorten on 7 December 2015” 4 to advise the Prime Minister and the Leader of the Opposition with regards the recognition of Aboriginal and Torres Strait Islander peoples in the Australian Constitution. A direct inference can be drawn from that statement, that being that there is a lack of constitutional recognition of the Aboriginal and Torres Strait Islander peoples from which legal implications arise for the Commonwealth of Australia.

The Referendum Council on 30th June 2017 handed down their report, known as the Uluru Statement from the Heart, to the Prime Minister and the Leader of the Opposition.

The Uluru Statement from the Heart 5 highlighted a peculiar problem in the claimed territory of the Commonwealth of Australia. That being the existence of “co-existing 6” sovereignties. “…the basis of the ownership of the soil, or better, of sovereignty. It has never been ceded or extinguished and co-exists with the sovereignty of the Crown.” 7 Further the Uluru Statement identified that the “Aboriginal and Torres Strait Islander tribes were the first sovereign Nations of the Australian continent and its adjacent islands” and those Nations “…possessed it under their own laws and customs.” 8 The High Court of Australia rejected the idea the Commonwealth of Australia was founded on lands that were terra nullius 9 thereby saying that the land did in fact have societies centred around systems of law and authority in which those societies were the owners, under the sovereignty that co-exists with that of the Australian Crown. This would then imply that the Mabo and Others v. Queensland (No. 2) https://www.referendumcouncil.org.au/council.html 5 https://www.referendumcouncil.org.au/sites/default/files/2017-05/Uluru_Statement_From_The_Heart.pdf 6 https://www.referendumcouncil.org.au/sites/default/files/2017-05/Uluru_Statement_From_The_Heart.pdf 7 https://www.referendumcouncil.org.au/sites/default/files/2017-05/Uluru_Statement_From_The_Heart.pdf 8 https://www.referendumcouncil.org.au/sites/default/files/2017-05/Uluru_Statement_From_The_Heart.pdf 9 Native Title Act 1993 3 4

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Commonwealth of Australia was in fact founded without consent on the lands and territories of the Aboriginal and Torres Strait Islander Nations as intruders.

Settled and the Lack of a Treaty There is a lingering perception that the matter pertaining to land and sovereignty that has been claimed to have been settled in the Commonwealth of Australia in cases such as Mabo and Others v. Queensland (No. 2), Fejo v Northern Territory, Coe v The Commonwealth of Australia, The Queen v Kevin Buzzacott. That may be the case in the Commonwealth of Australia, however that is the view from within the Commonwealth of Australia, the view from the sovereignty that co-exists with the sovereignty of the pre-colonial indigenous Nations. All these cases were taken into the Australian municipal courts by men and women who are being seen legally through the Australian citizen, person or legal identity.

“Australian courts do not recognise that Aboriginal and Torres Strait Islander peoples possess a sovereign-law-making power…This of course represents the position under Australian law, of which the Constitution is the ultimate expression. It does not affect how Aboriginal people view their own sovereignty. As a result, it does not prevent them from asserting their own independence and continuing validity of their laws and customs.” 10 The issue of co-existing sovereignties is that from those co-existing sovereignties come coexisting nations and or nation states. The fundamental problem with co-existing sovereignties and co-existing nations on one geographical location is that there needs to be formal agreements or treaties between those co-existing Nations to express how the power and authority will be exercised and or shared. The very maxim of law that the Commonwealth of Australia utilises to gain authority over all persons and things in the jurisdiction of the Commonwealth of Australia applies equally to the pre-colonial indigenous Nations whose continuing sovereignty authorises authority over all persons and things within the jurisdiction of that continuing pre-colonial indigenous Nation.

“Qui in territorio meo est, etiam meus subditus est- that which is in my territory is my subject; old rule of a state’s authority over persons and things found within its territory” 11 It has been acknowledged by the Constitutional Law experts in the Commonwealth of Australia that the pre-colonial indigenous Nations were in fact the first sovereign Nations and that through that first in time sovereignty possessed the ownership under the laws and customs brought about by that first in time sovereignty. It was further acknowledged that the Davis M., Williams G. Everything You Need To Know About The Referendum To Recognise Indigenous Australians 11 Dictionary of International & Comparative Law 3rd edition 10

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first in time sovereignty has been neither ceded nor extinguished, leaving a legal issue for the Commonwealth of Australia when the members of those pre-colonial indigenous Nations assert their own independence and continuing validity of their laws and customs, laws and customs that are not within the laws and authority vested within the Commonwealth of Australia by the Australian Constitution.

The issue to determine upon where the ultimate sovereignty rests is normally determined by the respective place in time where the sovereignty originates.

Quod prius est verius, et quod prius est tempore potius est jure- What is earlier is more genuine, and what is earlier in time is preferred in law. 12 Qui prior est tempore potior est jure- Priority in time of creation gives the better equity. 13 As stated in the Uluru Statement, the Aboriginal and Torres Strait Islander Nations sovereignty originated “according to the common law from ‘time immemorial’, and according to science more than 60,000 years ago.” Whilst that of the Commonwealth of Australia originates from the 1st of January 1901.

To further compound the legality of the Commonwealth of Australia, it actively excluded the aboriginal natives from participating in the life of the Commonwealth of Australia, especially those in the claimed territory of the State of Queensland.

The Yidindji Nation being excluded from participating in the life of the Commonwealth of Australia, and the State of Queensland, have no other choice but to revitalise, maintain and strengthen the political, legal, economic, social and cultural institutions of the Yidindji Nation. Law enforcement is an integral part of the ability to effectively govern the Yidindji Territory.

The Yidindji Nation through a number of Native Title Determinations has an acknowledged “system of authority and decision-making, a system of dispute resolution, a system of land tenure.” 14 Native Title does not give anything to the pre-colonial indigenous people other than evidence of the existence of another system of law and custom in which they are the owners of their land titles pursuant to their laws and customs and not the laws and customs of the Commonwealth of Australia. “…the Court does not give you native title. No. The Court determines that native title exists. The Court determines that this is your land. That it [the title] is based upon

Black’s Law Dictionary 9th Edition LexisNexis Concise Australian Dictionary 4th edition 14 Mundraby on behalf of the Combined Mandingalbay Yidinji-Gunggandji People v State of Queensland 12 13

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your traditional laws and customs which have always been; and that means that the law says to all the people of Australia that this is your land and it always has been your land because your laws and customs have said, and say today, that it is your land. What the Court does is to say to everyone in Australia that this is your native title.” 15 This legal issue can be remedied through a treaty between the Nations created pursuant to the co-existing sovereignties.

“There has never been a moment in Australia’s history where a formal agreement has been made with Aboriginal and Torres Strait Islander peoples…Even when Australia became a federation Indigenous people were excluded from this moment of nation building.” 16 Until there is a treaty between the co-existing Nations the assertion of laws by the first in time continuing pre-colonial indigenous Nation may subject the Commonwealth of Australia and its citizenry to the laws of that pre-colonial indigenous nation, just as the Commonwealth of Australia apply Australian law to those persons coming into the Commonwealth of Australia.

Legal Identity Citizenship conferred is contractual, simply because it can be granted pursuant to an act of the Commonwealth of Australia or one of the numerous States or Territories does not mean that the man or woman is obliged to be seen legally through that person. It is through the Australian citizen that the man or woman can participate in the life of the Commonwealth of Australia.

The citizen or person is a creation of the Nation and as such is a possession of that Nation.

The legal identity must be properly comprehended as it is this that is central to the application of law and authority. It is important not to confuse the human and the person when it comes to law and law enforcement. This is very important when it comes to contract law especially citizenship law.

Homo vocabulum est naturae; persona juris civilis- “Man” (homo) is a term of nature; “Person” (persona) a term of civil law. 17 “To be a person” or “to have a legal personality” is identical with having legal obligations and subjective rights. The person as the holder of obligations and rights is not something that is different from the obligations and rights, as whose holder of the person is presented, but merely the totality of these elements. The physical person or juristic person who “has” Payi Payi on behalf of the Ngururrpa People v the State of Western Australia Brennan S., Behrendt L., Strelein L., Williams G. Treaty 17 Black’s Law Dictionary 9th Edition 15 16

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obligations and rights as the holder, is these obligations and rights – a complex of legal obligations and rights whose totality is expressed figuratively in the concept of “person”.

“Person” is merely the personification of this totality. The so-called physical person, then, is not a human being, but the personified unity of the legal norms that obligate or authorise one and the same human being. It is not a natural but a legal construction, created in the science of law – an auxiliary concept in the presentation of legally relevant facts. In this sense a physical person is a juristic person.” 18 The Australian citizen or person is not the man, woman or child, it is a creation by the Commonwealth of Australia, just as the Yidindji citizen or person is not the man, woman or child, it is the creation of the Sovereign Yidindji Government. The citizen or person is the totality of rights and obligations that are applicable to the man, woman or child when they are participating in the life of a particular Nation.

There is the misconceived perception that all people, men women and children on the continental geographical location known to the western world as Australia are subject to the laws of the Commonwealth of Australia and the States and Territories as they are seen legally through an identity of the Commonwealth of Australia and or an identity of one of the other United Nations member States. The idea that every man, woman and child on the continent are resident in the Commonwealth of Australia or one of the numerous States and Territories is taken to include the Aboriginal and Torres Strait Islander peoples is not correct.

“The aboriginal people are subject to the laws of the Commonwealth and of the States or Territories in which they respectively reside. They have no legislative, executive or judicial organs by which sovereignty might be exercised. If such organs existed, they would have no powers, except such as the law of the Commonwealth, or of a State or Territory, might confer upon them.” 19 The idea of residing in the State means that the human is seen legally through the person created pursuant to the authority the Australian Constitution vests in the Commonwealth of Australia. The legal identity or Australian person is created under or based under the laws of the Commonwealth of Australia to allow the human to participate in the life of the Commonwealth of Australia should the human so choose.

This may be the case should they reside within the Commonwealth of Australia under the sovereignty that empowers the Commonwealth of Australia and which co-exists with the Kelsen H. Pure Theory of Law Isabel Coe on behalf of the Wiradjuri Tribe v. The Commonwealth of Australia and State of New South Wales 18 19

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sovereignty of the pre-colonial indigenous Nations, but it is still only one of acknowledged multiple sovereignties within the geographical location known as Australia. This is not the case for Yidindji citizens.

The other co-existing sovereignties creating the pre-colonial indigenous Nations would empower those Nations to create legal identities, citizens and or persons pursuant to laws and authority that is foreign to the Commonwealth of Australia and are not created pursuant to the authority the Australian Constitution vests in the Commonwealth of Australia. It must be noted that the members of those continuing pre-colonial indigenous Nations cannot be subject to forced assimilation, and it the case of the Yidindji Nation, the forced assimilation in the Commonwealth of Australia and or the State of Queensland in accord with the UNDRIP Article 8 “1. Indigenous peoples and individuals have the right not to be subjected to forced assimilation or destruction of their culture.

2. States shall provide effective mechanisms for prevention of, and redress for: (a) Any action which has the aim or effect of depriving them of their integrity as distinct peoples, or of their cultural values or ethnic identities; (b) Any action which has the aim or effect of dispossessing them of their lands, territories or resources; (c) Any form of forced population transfer which has the aim or effect of violating or undermining any of their rights; (d) Any form of forced assimilation or integration;” 20 Thus, the Yidindji Nation in accord with the UNDRIP Article 5 “Indigenous peoples have the right to maintain and strengthen their distinct political, legal, economic, social and cultural institutions, while retaining their right to participate fully, if they so choose, in the political, economic, social and cultural life of the State.” 21 The members of the Yidindji Nation as one of the acknowledged pre-colonial indigenous Nations have a choice, they can participate in the life of the Commonwealth of Australia through the Australian citizen if they so choose, or they can simply reside within the Yidindji Nation and participate in the life of the Yidindji Nation through the Yidindji citizen. The Yidindji men, women and children cannot be forced to assimilate and or participate in the life

20 21

United Nations Declaration on the Rights of Indigenous Peoples United Nations Declaration on the Rights of Indigenous Peoples

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of the Commonwealth of Australia, they can participate in the life of the Yidindji Nation without participating in the life of the Commonwealth of Australia.

As stated with regards citizenship in the Commonwealth of Australia, there is no where that can be found that Yidindji members who choose to participate in the life of the Commonwealth of Australia have a mandatory obligation to participate in the life of the Commonwealth of Australia 24 hours a day seven days a week and to identity only through the Australian citizen, person or legal identity.

The vast majority of those men and women that are seen legally through the Australian identity have never had the terms and conditions of citizenship fully explained in a manner that they could understand, especially those of Aboriginal heritage, some of whom English is 2nd language. Under Contract Law, should it be shown that there was not full disclosure by one of the parties, or if the terms and conditions of a contract were never fully and or completely explained in a manner that parties to the contract could understand, if they were explained at all, the contract would be rendered void. Non-disclosure violations in a contract may be considered fraudulent and should that be the case the contract of citizenship may be undone.

“The Constitution established the Commonwealth of Australia as a political entity and brought it into existence as a member of the community of nations. The Constitution conferred upon the Commonwealth power with respect to external affairs and, subject perhaps to the Statute of Westminster 1931 and the Balfour Declaration, entrusted to it the responsibility for the conduct of the relationships between Australia and other members of the community of nations, including the conduct of diplomatic negotiations between Australia and other countries. By s. 61 the executive power of the Commonwealth was vested in the Crown. It extends to the execution and maintenance of the Constitution and of the laws of the Commonwealth. It enables the Crown to undertake all executive action which is appropriate to the position of the Commonwealth under the Constitution and to the spheres of responsibility vested in it by the Constitution . It includes the prerogative powers of the Crown, that is, the powers accorded to the Crown by the common law.” 22 The pre-colonial indigenous Nations were excluded from the Commonwealth of Australia for the Commonwealth of Australia was established as the “White Australia” and was best summed up by Prime Minister Curtin “…that this nation will remain for ever the home of 22

Barton v The Commonwealth

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sons of Britishers who came here in peace to establish in the South Seas and outpost of the British race, our laws have proclaimed the standard of a White Australia. We did not intend that to be and it never was an affront to other races.” (see attachment 8) Just as the Commonwealth of Australia was created pursuant to the Commonwealth of Australia Constitution Act 1901 that empowered the sovereignty of the Australian Crown, the Sovereign Yidindji Government was created pursuant to the Yidindji Constitution Act 2013 under the acknowledged sovereignty that co-exists with the sovereignty of the Australian Crown with the difference being that the sovereignty of the Yidindji Nation being acknowledged as being first in time, unceded and unextinguished.

The Yidindji Nation in creating the Sovereign Yidindji Government in accord with the UNDRIP Article 3 “Indigenous peoples have the right to self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.”

And Article 4 “Indigenous peoples, in exercising their right to self-determination, have the right to autonomy or self-government in matters relating to their internal and local affairs, as well as ways and means for financing their autonomous functions.”

The Sovereign Yidindji Government is the institution of authority and decision-making making for the governance of domestic affairs in the Yidindji territory and the Yidindji Police Force are the principal law enforcement agency for policing the Yidindji territory under the Police Act 2014.

With the lack of treaty or formal agreement between the Yidindji Nation and the Commonwealth of Australia, the so-called authority of the numerous police services of the Commonwealth of Australia and of the numerous States and Territories of Australia are in question, their validity and or legitimacy at law to interfere with men, women and children identifying as citizens of the Yidindji Nation is disputed and remains unresolved, just as the sovereignty of the Commonwealth of Australia in relation to the Yidindji Nation is unresolved. The Australian Constitution doe not vest in the Commonwealth of Australia the authority to make laws for peace, order and good governance for the pre-colonial indigenous Nations such as the Yidindji Nation whose sovereignty co-exists with the sovereignty of the Australian Crown.

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Extra territorium jus dicenti impune non paretur- One who gives a judgment outside his jurisdiction is disobeyed with impunity. There is no punishment for disobeying. 23 “Whether the legal paradigm used to explain colonisation is ‘conquest’, ‘cession’, or ‘settlement’, the reality is that the colonisers were the intruders who imposed their will upon societies that had pre-existing systems of law and governance. The unilateral motivations for colonisation and the involuntary nature of the experience for those in prior occupation set the stage for protracted disagreement over the most fundamental question of where sovereignty subsists. The Constitution is premised [at least by the Commonwealth of Australia] on the assumption that Crown sovereignty was effectively asserted over Australia, but it does not put the issue to rest. It is a widely held view amongst Aboriginal people and Torres Strait Islanders that their societies never validly ceded sovereignty to the Crown.” 24 Whilst there have been a number of legal arguments taken before the Australian municipal courts, they ultimately fail because those taking the case to the Australian courts and being seen legally through the Australia citizen, person or legal identity.

Whilst the law that governs Australia is Australian law pursuant to the sovereignty of the Australian Crown, it is not the law that governs the Yidindji Nation, it is the Yidindji law that governs the Yidindji Nation pursuant to the sovereignty of the Yidindji Nation, the sovereignty that co-exists with that of the Australian Crown.

Just as the sovereignty of the Commonwealth of Australia cannot be challenged in the Australian municipal courts, the sovereignty of the Yidindji Nation cannot be challenged in the municipal courts of the Yidindji Nation.

However, the Commonwealth of Australia can be legally seen within the territory of the Yidindji Nation as an intrusion 25 and is cognisable within the Yidindji municipal courts.

“Qui in territorio meo est, etiam meus subditus est- that which is in my territory is my subject; old rule of a state’s authority over persons and things found within its territory” 26 With the lack of a treaty or formal agreement between he Yidindji Nation and the Commonwealth of Australia, the Commonwealth of Australia is claiming territory without free, prior and informed consent, territory that is the territory of the Yidindji Nation, a nation which possessing the Dominium Eminens and Imperium would be considered as a Sovereign State.

Black’s Law Dictionary 9th Edition Saunders C., Stone A. The Oxford Handbook of The Australian Constitution 25 Saunders C., Stone A. The Oxford Handbook of The Australian Constitution 26 LexisNexis Concise Australian Dictionary 4th edition 23 24

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Without properly concluded treaties or formal agreements the Yidindji Police Force through it powers as appointed through the Police Act 2014 have the authority and power to enforce Yidindji laws upon all things and persons found within the Yidindji territory and have the maters brought before the Yidindji Courts.

Never has a properly concluded treaty or formal arrangement been more necessary than now with the revitalisation and strengthening of the Yidindji Laws and Customs on the Yidindji Territory.

There is no power sharing arrangement, treaty or formal agreement between the two nations that are created pursuant to co-existing sovereignties. It is only the Yidindji Nation that has been acknowledged as the true owners pursuant to laws and customs of the Yidindji Nation 27, laws and customs that are foreign to the Commonwealth of Australia and or the State of Queensland.

With no formal agreement and or treaty to appoint the Commonwealth of Australia as the administrator and or representative to international law for and on behalf of the Yidindji Nation, the Yidindji Nation is not represented by the Commonwealth of Australia in the sphere of international law, and any international agreements that the Commonwealth of Australia may make in the sphere of international law are not binding on the Yidindji Nation and its citizens.

The Sovereign Yidindji Government is now making it very clear that the Yidindji Nation is revitalising and strengthening all its institutions including the Yidindji Police Force pursuant to the sovereignty that is not of the Commonwealth of Australia, but the sovereignty that coexists with the sovereignty of the Australian Crown.

It is strongly recommended that the law enforcement agencies of the Commonwealth of Australia and or the State of Queensland seek further clarification from the best constitutional experts that the Commonwealth of Australia can supply before further actions that may be exceed the authority the Australian Constitutions vests in the Commonwealth of Australia, the State of Queensland and its law enforcement authorities.

Should the position of the Yidindji Nation need further clarification from the Sovereign Yidindji Government, please contact the Yidindji Department of Foreign Affairs and Trade 27

Mundraby on behalf of the Combined Mandingalbay Yidinji-Gunggandji People v State of Queensland

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office at 7 Gimuybara Lane Gimuy City, Yidindji. (Suite 7, 12-14 Lake street), or via email at the following protocol@yidindji.org An appointment time for a face-to-face meeting can be arranged by calling the main reception on phone number (0742114227).

To God be the glory in the almighty name of Yeshua Hamaschiach.

Saint Murrumu of Walubara, Minister for Foreign Affairs & Trade, Sovereign Yidindji Government, No. 7 Gimuybara lane, city of Gimuy On this day the 6th of April 2022.

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Goon-Jarrah-By. Yidindji [Care of 15 Kenneally Road Mareeba Queensland Australia.] th 7 day of January, 2013

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Joseph Ratzinger acting as THE SUPREME PONTIFF BENEDICT XVI Bishop of Rome; Vicar of Jesus Christ; Successor of the Prince of the Apostles; Supreme Pontiff of the Universal Church; Primate of Italy; Metropolitan Archbishop of the Province of Rome; Sovereign of the State of Vatican City; Servant of the Servants of God Judicial Office Central Offices Ufficio Legale Governatorato della Città del Vaticano 00120 Citta del Vaticano

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Elizabeth Alexandra Mary acting as Her Majesty Elizabeth the Second, by the Grace of God, of the United Kingdom of Great Britain and Northern Ireland and of Her other Realms and Territories, Queen, Head of the Commonwealth, Defender of the Faith.

Buckingham Palace London SW1A 1AA, United Kingdom

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Ban Ki-moon acting as Secretary-General United Nation 405 East 42nd Street New York United States

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Navanethem Pillay acting as High Commissioner of Human Rights United Nation Office of the United Nations High Commissioner for Human Rights (OHCHR) Palais des Nations CH-1211 Geneva 10, Switzerland

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Page !1 of !19

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Kamalesh Sharma acting as Commonwealth Secretary-General The Commonwealth Marlborough House Pall Mall London SW1Y 5HX, United Kingdom Julia Gillard acting as Chair-in-Office The Commonwealth Marlborough House Pall Mall London SW1Y 5HX, United Kingdom

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Human Rights Unit Commonwealth Secretariat The Commonwealth Marlborough House Pall Mall London SW1Y 5HX United Kingdom

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Quentin Bryce acting as HER EXCELLENCY MS QUENTIN BRYCE AC Governor General of the Commonwealth of Australia Government House Dunrossil Drive Yarralumla, Australian Capital Territory,

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Julia Gillard, acting as The Honourable Julia Gillard MP, Prime Minister Parliament House Canberra, Australian Capital Territory

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Nicola Roxon acting as Attorney-General and Minister for Emergency Management Attorney-General’s Department Page !2 of !19

Central Office 3-5 National Circuit Barton Australian Capital Territory

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Campbell Newman acting as Campbell Newman MP The Premier of Queensland PO Box 15185 City East Queensland

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Jarrod Bleijie acting as Hon Jarrod Bleijie MP Member for Kawana Attorney-General and Minister for Justice GPO Box 149, Brisbane Queensland

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Peter Tabulo acting as Acting Chief Executive Officer Cairns Regional Council Post Office Box 359 Cairns Queensland

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Ian Church acting as Chief Executive Officer Tablelands Regional Council Post Office Box 573 Atherton Queensland

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Terry Brennan acting as Chief Executive Officer Cassowary Coast Regional Council PO Box 887 Innisfail, Queensland

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Jack Noye acting as Director-General Page !3 of !19

Department of Agriculture, Fisheries and Forestry Central Office Primary Industries Building 80 Ann Street Brisbane Queensland

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John Glaister acting as Director-General Department of National Parks, Recreation and Racing Post office Box 15187 City East Queensland Peter Boettcher acting as Chief Executive Officer Sunwater Post Office Box 15536 City East Queensland

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Ian McLeod acting as Chief Executive Officer Ergon Energy Post Office Box 1090 Townsville Queensland

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Ian Stewart acting as Commissioner Queensland Police Service GPO Box 1440 Brisbane Queensland

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Queensland Police Service Cairns Police Station Officer in Charge Cairns Police Station 5 Sheridan Street Cairns Queensland

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Queensland Police Service Water Police Officer in Charge Water Police Cairns Marine Ops Base Tingira Street Cairns Page !4 of !19

Queensland

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Queensland Police Service Mareeba Police Station Officer in Charge Mareeba Police Station Mareeba Police Station Walsh Street Mareeba Queensland

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Queensland Police Service Atherton Police Station Officer in Charge Atherton Police Station 83 Main Street Atherton Queensland

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Queensland Police Service Innisfail Police Station Officer in Charge Innisfail Police Station 2 McGowan Drive Innisfail Queensland

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Notice

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Notice to Agent is Notice to Principal; Notice to Principal is Notice to Agent

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Take Notice Ban Ki-moon, I, Goon-Jarrah-By, Chief Tribal Warrior and the most Senior Yidindji Tribal Man, do on behalf of the Yidindji Tribe, being the true and correct Tribal People of the Yidindji Tribal Lands, Airs, Waters, Seas Resources and Ancestral Domains (hereafter: Tribal Lands), having been instructed by the Yidindji Tribal Council of Elders to give notice to the Crown, State, Queensland, Australia, Commonwealth, United Nations, Holy See and all other corporations whether in the purported right of the Crown or otherwise (hereafter: the State), that it is the will of the Yidindji Tribal People (hereafter: Tribal People), from this day forward Tribal People will be conducting Tribal activities on Yidindji Tribal Lands for the full enjoyment of the Tribal People. (See attachment “1”) Page !5 of !19

The Tribal People as Autochthonous People, being the true Tribal People having the lawful possession of Tribal Lands as represented on the enclosed map. (Attachment “A”) The Tribal People not being an officer, citizen, resident, agent or person of the Crown, State, Queensland, Australia, Commonwealth, United Nations, Holy See or any other corporation whether in the purported right of the Crown or otherwise (hereafter: agent of the State), have the right not to be subject to forced assimilation, integration, nor destruction of our culture, nor our resources being confiscated, taken, occupied, used or damaged without free prior and informed written consent (hereafter: consent) of the Tribal People.

In accordance with the ancestral customs of the Yidindji Tribal Nation (hereafter: Tribal Nation) maintaining the right to belong to our Tribal Nation to maintain, protect and develop past, present and future manifestations of our culture.

The Tribal People have never gave, ceded, treatied, bargained, sold or contracted away Tribal Lands, the British Government of the time and subsequently the State just felt free to take the Tribal Lands, even though the Tribal Lands were not and are not free to take without the consent of the Yidindji Tribal people.

As part of our unalienable fundamental freedoms, the activities and aspirations will be anything that the Tribal People have done in the past, doing at present and will do in the future, such as but not limited to self governing, administration, policing, education, hunting, fishing, resource utilisation, barter, wealth generation by use of natural wealth and resources of the Tribal Lands, taking possession of all constructions, erections and fixtures on Tribal Lands not authorised by Tribal People and any other activity for the benefit and enjoyment of the Tribal People and Tribal Lands.

In the exercise of our unalienable rights based on our Tribal Origin and Identity, Tribal People are freely pursuing our economic, social and cultural development of the Tribal Nation; the following is a list of some but not an exhaustive list of pursuits that Tribal People will be pursuing and developing on Tribal Lands: 1. Justice and Judicial System 2. Tribal Law/ Lore 3. Self Government and Administration 4. Policing Page !6 of !19

5. Education 6. Health 7. Spiritual Beliefs and Manifestations 8. Energy 9. Travelling 10. Fishing 11. Hunting 12. Mining 13. Logging 14. Farming 15. Aviation 16. Border control 17. Wealth Generation and Controlling Commercial activities 18. Environment Protection and Conservation

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Yidindji Tribal Judicial System and Tribal Court Yidindji Tribal justice system has been and remains the first and highest law/ lore on Tribal Lands and being the superior law/ lore on Tribal Lands will be enforced through Yidindji Tribal Council of Elders and Yidindji Tribal Lawmen/ Loremen upon all who are on Tribal Lands.

All Tribal People and any agent of the State who is on Tribal Lands are subject to all Yidindji Tribal Laws/ Lores (hereafter: Yidindji Lore).

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Any man, woman, child or agent of the State breaching Yidindji Lore will be summoned to a court of Yidindji Tribal Council of Elders.

All buildings of justice constructed without consent on or in Tribal Lands such as the courthouses in Cairns, Mareeba, Atherton, Innisfail and any other location on or in Tribal Lands are the possessions of and for the enjoyment (hereafter: possessions) of the Tribal People and will be utilised for Yidindji Tribal Courts when required.

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Tribal Law/ Lore The Tribal People have had and maintain a continuous bloodline and connection (hereafter: connection) to our Tribal Lands through culture, custom and Yidindji Lore.

The Yidindji Lores are the foundation blocks for the Tribal Nation.

Yidindji Lore is developed as a process of the Yidindji Tribal Council of Elders, a process that has been handed down from Yidindji Tribal Elders from the beginning of time spanning many tens of thousands of years.

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Self Government and Administration The Tribal People having connection to our Tribal Lands through culture, custom and Yidindji Lore now are self-governing as an autonomous Tribal Nation.

The process of self government and administration has been handed down from Yidindji Tribal Elders from the beginning of time spanning many tens of thousands of years and coupled with the process of Yidindji Lore development, and Yidindji Lore enforcement through the Yidindji Tribal Judicial system, is being used in the development of the Tribal People’s rights to life, physical and mental integrity, liberty, security of person, autonomy and economic development, free of any kind of discrimination by any agents of the State.

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Tribal Law/ Lore Enforcement Police The Yidindji Lores are the only Laws/ Lores with force and authority on Tribal Lands. The Yidindji Tribal Police Force of the Tribal Nation is the only Yidindji Lore enforcement body

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of the Tribal Lands to ensure that Yidindji Lore is being adhered to by all Tribal People and agents of the State.

The Yidindji Tribal Police are responsible for: • preserving peace and good order in all areas of Tribal Lands • protecting the Yidindji Tribal Community and Lands • preventing and detecting crime • upholding the Yidindji Lore • administering the Yidindji Lore fairly and efficiently • bringing offenders to justice.

The Yidindji Tribal Police have force and authority to enforce any warrant issued by the Yidindji Tribal Council of Elders upon any Tribal People or agents of the State.

Yidindji Tribal Police have the force and authority over the entire land, water and airspace of the Yidindji Nation as shown in the enclosed map aimed at: • keeping Tribal People safe • keeping Yidindji Tribal property secure • enforcing all Yidindji Lore • maintaining order and safety on Tribal Lands All buildings of law/ lore enforcement constructed without consent on or in Tribal Lands such as the police stations in Cairns, Mareeba, Atherton, Innisfail and any other location on or in Tribal Lands are the possessions of the Tribal People and will be utilised by Yidindji Tribal Police when required for the detention of people and persons arrested or detained in the course of Yidindji Tribal Policing activities.

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Education The Tribal People have connection to our Tribal Lands through culture, custom and lore and this is the cornerstone of Yidindji Tribal education (hereafter: Tribal education) curriculum.

The Tribal People through the Tribal education system with the right to practise and revitalise our cultural beliefs and customs will be maintaining and protecting all past, present and future manifestations, philosophies and beliefs.

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These Yidindji Tribal manifestations will be the practise and development of the Yidindji Tribal spiritual customs and ceremonies at Yidindji Tribal cultural sacred sites throughout Tribal Lands.

The Tribal People and children will not be forced to attend State schools nor be taught the curriculum of the State if it is not advantageous to the Tribal People.

The Tribal education system may be utilised to instruct agents of the State, to understand the Yidindji Tribal Culture, Yidindji Lore and Language as a means for financing our autonomous functions for the economic subsistence and benefit (hereafter: subsistence) of all Yidindji Tribal people.

All facilities and buildings of education constructed without consent on or in Tribal Lands such as the State schools in Cairns, Mareeba, Atherton, Innisfail and any other location on or in Tribal Lands are the possessions of the Tribal People; however at this stage only facilities that are not being utilised fully by the State will be used by the Tribal People to deliver the Tribal education curriculum in a manner appropriate to Yidindji Tribal cultural methods of teaching and learning.

All broadcasting infrastructure constructed on Tribal Lands without consent are now the possession of the Tribal People and as such will be used in Yidindji Tribal media broadcasting and Tribal education.

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Health The Tribal People have connection to our Tribal Lands through culture, custom and Yidindji Lore and this is the cornerstone of Yidindji Tribal health system.

The Tribal People through our right to the conservation of all cultural and ancestral medicinal plants, animals and minerals have right to access without discrimination these plants, animals and minerals without hindrance or interference from any agents of the State.

All medical facilities and health buildings constructed without consent on or in Tribal Lands such as the hospitals in Cairns, Mareeba, Atherton, Innisfail and any other location on or in Tribal Lands are the possessions of the Tribal People and will be utilised by Tribal People for the equal right of the highest attainable standard of physical and mental health.

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Spiritual Beliefs and Manifestations Page !10 of !19

The Tribal People have connection to our Tribal Lands through culture, custom and Yidindji Lore and spiritual belief and manifestations.

The Tribal People through the revitalisation of our ceremonies, culture and spiritual belief develop, maintain and protect our right to use and control our ceremonial lands and objects in privacy.

The Tribal Nation through the repatriation or burial of Yidindji Tribal members remains past, present and future are utilising sacred ceremonial and burial sites within Tribal Lands for the enjoyment of present and future generations of Tribal People. These sacred ceremonial and burial sites within or on Tribal Lands being for the enjoyment of Tribal People are not to be desecrated or interfered with by any man woman or child nor agents of the State.

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Energy The Tribal People being secure of our own means of subsistence to freely engage in ancestral or other economic activities such as generation, distribution and supply of energy within or on Tribal Lands.

All generation, distribution and supply infrastructure constructed without consent on or in Tribal Lands such as the hydro-generation powerhouse on the Barron River at Cairns and any other such facility on or in Tribal Lands are the possessions of Tribal People as a means of subsistence for all Tribal People.

Other construction, erections or facilities constructed without consent such as the windgeneration facilities within or on Tribal Lands on the Atherton Tablelands are the possession of the Tribal People as a means of subsistence for all Tribal People.

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Travelling The Tribal People have connection to the land; having travelled over our lands and territories without hindrance or interference of another for time immemorial; having never required any form of travel document or licence and as such the Tribal People are maintaining our unalienable right to travel on the Tribal Lands.

Being Tribal People on Tribal Lands no licences, permits or other authorisations (hereafter: licence) will be used by Tribal People to do such activities, as such none will be produced to any agents of the State, when requested to do so by any agents of the State.

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Any such interference will be judged under Yidindji Lore and Tribal punishment administered to the individual or individuals responsible for such hindrances or interferences.

Tribal People will be travelling by any means but not limited to such as by foot, bike, car, truck, bus, boat, watercraft, aircraft or any other means deemed suitable.

All Tribal vehicles and equipment used will be clearly marked as to belonging to the Tribal Nation and Tribal People by the enclosed symbol or flag. (See attachment B) All agents of the State, other than Tribal People are now required to have an instrument issued under authorisation (hereafter: Yidindji authorisation) of the Yidindji Tribal Council of Elders to travel over Tribal Lands.

All roads and transport infrastructures constructed on or in Tribal Lands without consent are now the possessions of the Tribal Nation as a means of subsistence for all Tribal People.

All roads and transport infrastructures on or in Tribal Lands will be utilised free of charge for enjoyment by the Tribal People.

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Fishing Tribal People will be fishing on all of the Tribal Lands or conducting fishing operations as a means of subsistence for all Tribal People in their true and correct capacity as Tribal People, and as such are not to be interfered with by agents of the State. Any such interference will be judged under Yidindji Lore and Tribal punishment administered to the individual or individuals responsible for such interferences.

The methods will be all customary and modern methods of harvest, capture or catching by such equipment but not limited to boats, canoe, lines, nets, spears, traps, firearms, spear guns or any other method deemed suitable by the Tribal People.

Being Tribal People on Tribal Lands no licence will be used by Tribal People to do such activities, as such none will be produced to any agents of the State, when requested to do so by any agents of the State.

This will mean taking, using and selling any freshwater or saltwater flora and fauna.

The sea ports of which Cairns port amongst others that have been constructed in Tribal Lands without consent; to do so and as a consequence are now the possession of the Tribal People as a means of subsistence for all Tribal People.

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All Tribal vessels and equipment used will be clearly marked as to belonging to the Tribal Nation and Tribal People by the enclosed symbol or flag. (See attachment C) All agents of the State, other than Tribal People are now required to have Yidindji authorisation to fish within or on Tribal Lands.

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Hunting Tribal People will hunt and gather over all of the Tribal Lands in their true and correct capacity as Tribal People and as such are not to be hindered or interfered with by agents of the State. Any such hindrance or interference will be judged under Yidindji Lore and Tribal punishment administered to the individual or individuals responsible for such hindrances or interferences.

The methods will be all customary and modern methods of harvest, capture or catching by such equipment but not limited to spear, boomerang, firearm, net or trap or any other method deemed suitable by the Tribal People.

Being Tribal People on Tribal Lands no licence will be used by Tribal People to do such activities, as such none will be produced to any agents of the State, when requested to do so by any agents of the State.

This will means taking, using and selling any flora and fauna.

All tribal equipment used will be clearly marked as to belonging to the Tribal Nation and Tribal People by the enclosed symbol or flag. (See attachment C) All agents of the State, other than Tribal People are now required to have Yidindji authorisation to hunt within or on Tribal Lands.

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Mining Tribal People will conduct mining operations as a means of subsistence for all Tribal People on Tribal Lands in their true and correct capacity as Tribal People and as such are not to be hindered or interfered with by agents of the State. Any such interference will be judged under Yidindji Lore and Tribal punishment administered to the individual or individuals responsible for such interferences.

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The methods will be all customary and modern methods of mining or extraction by such equipment as but not limited to hand tools, heavy machinery or any other method deemed suitable by the Tribal People.

Being Tribal People on Tribal Lands no licence will be used by Tribal People to do such activities, as such none will be produced to any agents of the State, when requested to do so by any agents of the State.

All agents of the State, other than Tribal People are now required to have Yidindji authorisation to mine or excavate for minerals, petroleum or gas within or on Tribal Lands.

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Logging Tribal People will conduct logging and sawmilling operations as a means of subsistence for all Tribal People on Tribal Lands in their true and correct capacity as Tribal People and as such are not to be hindered or interfered with by agents of the State. Any such hindrance or interference will be judged under Yidindji Lore and Tribal punishment administered to the individual or individuals responsible for such hindrances or interferences.

The methods will be all customary and modern methods of logging or milling by such equipment as but not limited to axe, saw, hand tools, heavy machinery or any other method deemed suitable by the Tribal People.

Being Tribal People on Tribal Lands no licence will be used by Tribal People to do such activities, as such none will be produced to any agents of the State, when requested to do so by any agents of the State.

All agents of the State, other than Tribal People are now required to have Yidindji authorisation to harvest or log within or on Tribal Lands.

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Farming Tribal People will conduct farming operations as a means of subsistence for all Tribal People on Tribal Lands in their true and correct capacity as Tribal People and as such are not to be hindered or interfered with by agents of the State. Any such hindrance or interference will be judged under Yidindji Lore and Tribal punishment administered to the individual or individuals responsible for such hindrances or interferences.

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Tinaroo Dam which the State constructed in the heartland of the Tribal Lands without consent to do so is now as a result of being affixed to Tribal Lands the possession of the Tribal People and be utilised for irrigation purposes of Yidindji Tribal Farms as a means of subsistence for all Tribal People.

The methods will be all customary and modern methods of farming or harvesting by such equipment as but not limited to hand tools, heavy machinery, aircraft or any other method deemed suitable by the Tribal People.

Being Tribal People on Tribal Lands no licence will be used by Tribal People to do such activities, as such none will be produced to any agents of the State, when requested to do so by any agents of the State.

All agents of the State, other than Tribal People are now required to have Yidindji authorisation to farm or till Tribal Lands.

The Tribal People have the lawful right to sell water allocations from any water courses, storage facilities or aquifers within the boundaries of the Tribal lands, to agents of the State as a means of subsistence for all Tribal People.

All agents of the State other than Tribal People are now required to have Yidindji authorisation to pump or harvest water from any water source within or on Tribal Lands or Waters.

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Aviation Tribal People will conduct aviation operations as a means of subsistence for all Tribal People on Tribal Lands in their true and correct capacity as Tribal People and as such are not to be hindered or interfered with by agents of the State. Any such interference will be judged under Yidindji Lore and Tribal punishment administered to the individual or individuals responsible for such hindrances or interferences.

Being Tribal People on Tribal Lands no licence will be required nor used by Yidindji Tribal people to do such activities, as such none will be produced to any agents of the State, when requested to do so by any agents of the State.

All agents of the State, other than Tribal People are now required to have a licence or similar instrument issued under authorisation to conduct aviation operations within, on or over Tribal Lands Page !15 of !19

The existing airports affixed to Tribal Lands of which Cairns International Airport, Mareeba Airport and Atherton Airport amongst others being constructed on or in Tribal Lands without consent are now the possessions of Tribal People as a means of subsistence for all Tribal People.

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Border control Tribal People will conduct border control operations on Tribal Lands in their true and correct capacity as Tribal People and as such are not to be hindered or interfered with by agents of the State. Any such hindrance or interference will be judged under Yidindji Lore and Tribal punishment administered to the individual or individuals responsible for such hindrances or interferences.

All agents of the State, other than Tribal People are now required to have Yidindji authorisation to enter or reside whether part time or full time, within the Yidindji Tribal borders or on the Tribal Lands.

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Wealth Generation and Controlling Commercial Activities All commercial activities taking place on Tribal Lands will only be so allowed by the consent of the Yidindji Tribal Council of Elders.

Tribal People as a means of subsistence for all Tribal People require that all commerce and or commercial activities taking place on Tribal Lands pay an annual rent or royalty fee (See “Notice End of Free Occupation Period”) as recompense for loss of the ability to enjoy, use, develop and control the Tribal Lands Tribal People have owned or otherwise occupied and used, due to the continued occupation, confiscation and damage without our consent of Tribal People.

Tribal People had and still have a continuing spiritual relationship with the Tribal Lands, having been bequeathed by previous Yidindji Tribal Elders the responsibility of future generations to such Tribal Lands.

Tribal People in the exercise of our unalienable Tribal rights and fundamental freedoms, enjoying the full enjoyment to own, use, develop and control Tribal Lands that the Tribal People have and still enjoy, own, occupy, use and otherwise acquire from time immemorial.

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All agents of the State other than Tribal People are now required to have Yidindji authorisation to conduct any commercial activity on Tribal Lands.

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Environment Protection and Conservation Tribal People in the exercise of our unalienable Tribal rights and fundamental freedoms and responsibilities of future Yidindji generations have been bequeathed the responsibility by previous Yidindji Tribal generations from time immemorial for the conservation and protection of the environment and resources within or on Tribal Lands.

The consent of the Yidindji Tribal Council of Elders is required for the storage or disposal of hazardous substances within or on Tribal Lands.

Such storage or disposal of hazardous substances by agents of the State will require Yidindji authorisation.

Other Issues Any and all other construction, erections or facilities constructed without consent within or on Tribal Lands are the possession of the Tribal People and will be utilised as a means of subsistence for all Tribal People.

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All vehicles, vessels, craft, machinery, equipment or any other possession of the Tribal Nation will be displaying a Yidindji identification plate, mark, flag or other instrument showing the possession of the Tribal Nation. No number plate, mark, flag or identification instrument belonging to the State will be used on any vehicle, vessel, craft, machinery, equipment or possession of the Tribal Nation.

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Tribal People will be issued a Yidindji Tribal Identification Card as a means for the State to recognise Tribal People as apart from Agents of the State.

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All licences or permits issued in accordance with this notice are to be recorded by the State and supplied to Yidindji Tribal people’s centre of administration of Yidindji Tribal Nation.

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Take notice and govern yourself accordingly Page !17 of !19

Dated: 7th day of January, 2013

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Goon-Jarrah-By Chief Tribal Warrior

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Autographed before me on Yidindji land this 7th day of January, 2013 KNOW all men that I, Garrdum-Bul of Yidindji Nation, on Tribal Lands known by the Crown as Mareeba, Queensland, Australia, at the request of Goon-Jarrah-By, did on Monday, this 7th day of January, 2013witness the signing of this notice by the tribal man Goon-Jarrah-By in the presence of the following tribal men Wadigan and Bul-Bali

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Yours Sincerely By Autographed Name: Garrdum-Bul Verified by:

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Name: Wadigan

Date: 7th day of January, 2013

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Verified by:

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Name: Bul-Bali

Date: 7th day of January, 2013

Appendix 1 Meanings of certain words The State- Crown, State, Queensland, Australia, Commonwealth, United Nations, Holy See and all other corporations whether in the purported right of the Crown or otherwise, Agents of the State- officer, citizen, resident, agent or person of the Crown, State, Queensland, Australia, Commonwealth, United Nations, Holy See or any other corporation whether in the purported right of the Crown or otherwise

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Tribal Lands- Yidindji Tribal Lands Airs, Waters, Seas Resources and Ancestral Domains as represented by the Yidindji Nation map Yidindji Lore- Yidindji Tribal Law/ Lore Tribal People- Yidindji Tribal People Tribal Nation- Yidindji Tribal Nation Consent- free prior and informed written consent Tribal Education- Yidindji Tribal Education Connection- has had and maintains a continuous bloodline to the Tribal Lands Subsistence- means of financing our autonomous functions for the economic subsistence and benefit of all Tribal People Yidindji authorisation- a licence or similar instrument issued under authorisation of the Yidindji Tribal Council of Elders Possession- possessions of and for the enjoyment of the Tribal People Licence- free prior and informed written consent or authorisation

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PN14

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Public Notice Yidindji Police Force Mayarra Nyalalji Monday the 1st day of December 2014 The Sovereign Yidindji Government under the authority of the Yidindji Tribal Council of Elders make known to the whole world that the Mayarra Nyalalji (Yidindji Police Force) as the primary law enforcement agency of Yidindji, have now been given the force of law to uphold the laws so as to maintain peace and order within Yidindji Territory.

The Yidindji Tribal People now make known to the world that: 1. The Sovereign Yidindji Government Emblem is used to identify Sovereign Yidindji Government Authority.

2. The Sovereign Yidindji Government Emblem is used to identify Sovereign Yidindji Government Property.

3. The role of the Mayarra Nyalalji is to preserve peace and good order in all areas of Yidindji.

4. The role of the Mayarra Nyalalji is to uphold the law in all areas of Yidindji.

5. The role of the Mayarra Nyalalji is to prevent and detect crime in all areas of Yidindji.

6. The role of the Mayarra Nyalalji is to bring offenders to justice in all areas of Yidindji.

7. The role of the Mayarra Nyalalji is to administer the law fairly and efficiently in all areas of Yidindji.

8. The role of the Mayarra Nyalalji is to protect and support the Yidindji society and community in all areas of Yidindji.

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Unlawful use, possession and or desecration of the Sovereign Yidindji Government Emblem or any part of the Sovereign Yidindji Government Emblem is prohibited and constitutes an offence pursuant to Sovereign Yidindji Government Mayaar.

Use means but is not limited to adverse use; the use without license or permission.

Possession means but is not limited to receiving or obtaining possession of the thing, having control over the disposition of the Sovereign Yidindji Government Emblem (whether or not Page 1! of 2!

the Sovereign Yidindji Government Emblem is in the custody of the person), and or having joint possession of the Sovereign Yidindji Government Emblem.

Desecration means but is not limited to where a reasonable person would infer that the destruction or mutilation is intended publicly to express contempt or disrespect for the Sovereign Yidindji Government Emblem, the Sovereign Yidindji Government, Yidindji Citizens, the Yidindji Tribal People, and or the Yidindji Tribe.

Part means but is not limited to any component of the Sovereign Yidindji Government Emblem; these are individual components, Cosmological Stars, Yidindji Tribal Lore Shield, Yidindji Lore Man Head dress, Yidindji Tribal Sword, Yidindji Tribal Spears, Yidindji Rainbow Serpent, Yidindji Cassowary, Wait-a-While wreath and or any combination of the aforementioned components.

Any man, woman, child, and or person in use of, and or possession of, and or desecrating Sovereign Yidindji Government Emblem and or components of the Sovereign Yidindji Government Emblem, gives mutual assent, and or voluntarily consents to Yidindji Mayaar, and to be tried within the jurisdiction of Sovereign Yidindji Government Courts and or Tribunals pursuant to Sovereign Yidindji Government Mayaar.

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By order: Sovereign Yidindji Government

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PN15

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Public Notice Mayarra Nyalalji Emblem Tuesday the 2nd day of December 2014 The Sovereign Yidindji Government under the authority of Jangalan Yidindji make known to the whole world that the Mayarra Nyalalji (Yidindji Police Force) as the primary law enforcement agency of Yidindji, have now been given the force of law to uphold the laws so as to maintain peace and order within Yidindji Territory.

The Yidindji Tribal People now make known to the world that: 1. The Mayarra Nyalalji Emblem is used to identify the authority of the Mayarra Nyalalji.

2. The Mayarra Nyalalji Emblem is used to identify property of the Mayarra Nyalalji.

3. The emblem of the Mayarra Njalalji is the following emblem.

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Unlawful use, possession and or desecration of the Mayarra Nyalalji Emblem or any part of the Mayarra Nyalalji Emblem is prohibited and constitutes an offence pursuant to Sovereign Yidindji Government Mayaar.

Use means but is not limited to adverse use; the use without license or permission.

Possession means but is not limited to receiving or obtaining possession of the thing, having control over the disposition of the Mayarra Nyalalji Emblem (whether or not the Mayarra Nyalalji Emblem is in the custody of the person), and or having joint possession of the Mayarra Nyalalji Emblem.

Desecration means but is not limited to where a reasonable person would infer that the destruction or mutilation is intended publicly to express contempt or disrespect for the Sovereign Yidindji Government Emblem, the Sovereign Yidindji Government, Mayarra Nyalalji Emblem, Yidindji Citizens, the Yidindji Tribal People, and or the Yidindji Tribe.

Part means but is not limited to any component of the Mayarra Nyalalji Emblem; these are individual components, Yidindji Tribal Lore Shield, Yidindji Lore Man Head dress, Yidindji Law Shield, Yidindji Scorpion, Wait-a-While wreath and or any combination of the aforementioned components.

Any man, woman, child, and or person in use of, and or possession of, and or desecrating Mayarra Nyalalji Emblem and or components of the Mayarra Nyalalji Emblem, gives mutual assent, and or voluntarily consents to Yidindji Mayaar, and to be tried within the jurisdiction of Sovereign Yidindji Government Courts and or Tribunals pursuant to Sovereign Yidindji Government Mayaar.

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By order: Sovereign Yidindji Government

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Yidindji Police Act 2014

YIDINDJI POLICE ACT 2014

The 1ST day of December 2014 Prepared by the Department of Legislation, Department of the Attorney-General, Gimuy 1

Yidindji Police Act 2014

Contents PART 1 - PRELIMINARY ........................................................................................................ 5 PART 2 - ADMINISTRATION AND GOVERNANCE OF YIDINDJI POLICE ................... 8 DIVISION 1 - CONSTITUTION AND FUNCTIONS OF YIDINDJI POLICE .................. 8 DIVISION 2 - THE COMMISSIONER .............................................................................. 10 DIVISION 3 - RESPONSIBILITIES OF MINISTER AND COMMISSIONER ............... 12 DIVISION 4 - COMMAND AND CONTROL OF YIDINDJI POLICE ........................... 14 PART 3 - EMPLOYMENT IN YIDINDJI POLICE ............................................................... 15 DIVISION 1 - EMPLOYMENT AND PROMOTION STANDARDS AND CODE OF CONDUCT .......................................................................................................................... 15 DIVISION 2 - POLICE EMPLOYMENT COMMITTEE AND POLICE BOARD .......... 16 Subdivision 1 - Police Employment Committee.............................................................. 16 Subdivision 2 - Police Board ........................................................................................... 17 DIVISION 3 - APPOINTMENTS, PROMOTIONS, TRANSFERS AND RELOCATIONS OF MEMBERS .................................................................................................................... 18 DIVISION 4 - PERFORMANCE MANAGEMENT AND BREACHES OF DISCIPLINE .............................................................................................................................................. 23 Subdivision 1 - Application ............................................................................................. 23 Subdivision 2 - Breaches of discipline............................................................................. 23 Subdivision 3 - Alternative procedures for minor matters............................................... 26 Subdivision 4 - Powers of Police Board .......................................................................... 26 DIVISION 5 - RESIGNATION, RETIREMENT AND TERMINATION ......................... 28 DIVISION 6 - SUSPENSION AND PAYMENTS ............................................................. 30 DIVISION 7 - REVIEW OF DECISIONS .......................................................................... 31 Subdivision 1 - Application ............................................................................................. 31 Subdivision 2 - Review by Police Board ......................................................................... 31 DIVISION 8 - MISCELLANEOUS ................................................................................ 33 PART 4 - POWERS OF YIDINDJI POLICE.......................................................................... 34 2

Yidindji Police Act 2014 DIVISION 1 - POLICING PRINCIPLES ........................................................................... 34 DIVISION 2 AUTHORISED OFFICERS........................................................................... 34 DIVISION 3 - GENERAL POWERS OF POLICE OFFICERS ......................................... 35 DIVISION 4 USE OF FORCE IN EXERCISING POWERS ............................................. 36 DIVISION 5 - POLICE EQUIPMENT AND DEVICES .................................................... 36 Subdivision 1 - Definitions .............................................................................................. 36 Subdivision 2 - Possession and use of restricted and tactical equipment ........................ 37 Subdivision 3 - Use of surveillance devices .................................................................... 39 Subdivision 4 - Electronic screening devices and police facilities .................................. 40 DIVISION 6 - POWERS OF ARREST ............................................................................... 41 Subdivision 1 - Arrest without warrant ............................................................................ 41 Subdivision 2 - Arrest with warrant ................................................................................. 42 Subdivision 3 - Identification of persons arrested and detained ...................................... 42 DIVISION 7 - SEARCH AND SEIZURE POWERS ......................................................... 45 Subdivision 1 - Search and seizure without warrant ........................................................ 45 Subdivision 2 - Search and seizure with warrant ............................................................. 47 DIVISION 8 - PUBLIC ORDER POWERS ....................................................................... 47 DIVISION 9 - POWERS IN RELATION TO CRIME SCENES ....................................... 50 DIVISION 10 - PRODUCTION OF LICENCES AND CRIMINAL RECORD CHECKS .............................................................................................................................................. 53 PART 5 - SAFEGUARDS AND RESPONSIBILITIES ......................................................... 54 DIVISION 1 - SAFEGUARDS IN RELATION TO POLICE IDENTITY ........................ 54 DIVISION 2 - SAFEGUARDS ABOUT SEARCHES ....................................................... 55 DIVISION 3 - SAFEGUARDS ABOUT QUESTIONING ................................................ 56 PART 6 - DEALING WITH PROPERTY .............................................................................. 58 DIVISION 1 - PROPERTY IN POLICE CUSTODY ......................................................... 58 DIVISION 2 - DAMAGE TO PROPERTY ........................................................................ 62

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Yidindji Police Act 2014 PART 7 - OFFENCES ............................................................................................................. 63 PART 8 - MISCELLANEOUS ................................................................................................ 66 SCHEDULE 1...................................................................................................................... 71 POLICE OFFICER’S OATH .......................................................................................... 71 SCHEDULE 2...................................................................................................................... 72 POWERS THAT MAY BE EXERCISED BY AUTHORISED OFFICERS ................. 72

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Yidindji Police Act 2014 AN ACT TO PROVIDE FOR THE ESTABLISHMENT, ORGANISATION, DISCIPLINE AND POWERS OF YIDINDJI POLICE AND FOR RELATED MATTERS

PART 1 - PRELIMINARY 1 Short title This Act may be cited as the Yidindji Police Act. 2 Commencement The King in Council may proclaim when this Act or Parts of it shall come into force.

3 Definitions In this Act, unless the context otherwise requires — “administrative staff member” means a person employed in Yidindji Police other than —: a) the Commissioner; or b) a police officer; “authorised officer” means an authorised officer appointed under section 93; “body sample” includes blood, hair, saliva, urine and any other body tissue or body fluid; “breach of discipline” has the meaning given by section 55; “child” means a person who is less than 18 years of age; “Code of Conduct” means the Code of Conduct determined by the Commissioner under section 30; “Commissioner” means the Commissioner of Police appointed under section 11;2 “Commissioner’s circulars” mean the circulars issued by the Commissioner under section 21; “Commissioner’s instructions” mean the instructions issued by the Commissioner under section 21; “Commissioner’s orders” mean the orders issued by the Commissioner under section 21; “controlled chemical” has the same meaning as in the Illicit Drugs Control Act; “controlled equipment” has the same meaning as in the Illicit Drugs Control Act; “court process” means a summons, warrant, order, direction or other process of a court, of a judicial officer or of a registrar or deputy registrar of a court; “crime scene” means — a) a place — 5

Yidindji Police Act 2014 (i) where a serious offence is suspected to have been committed; and (ii) that needs to be protected to enable Yidindji Police to search for and gather evidence of the commission of the offence; or b) a place — (i) where there may be evidence of the commission of a serious offence that is suspected to have been committed somewhere else; and (ii) that needs to be protected to enable Yidindji Police to search for and gather evidence of the commission of the offence; “Deputy Commissioner” means a police officer who holds the rank of Deputy Commissioner in Yidindji Police; “employment standards” means the employment standards determined by the Commissioner under section 28; “enactment” means — a) an Act; b) an Ordinance; or c) regulations or rules made under an Act; “identifying particulars”, for a person, means a photograph, measurement, fingerprint, palm print, footprint, voice print, handwriting or body sample of the person taken under section 118; “illicit drug” has the same meaning as in the Illicit Drugs Control Act; “internal investigator” has the meaning given by section 57; “member”, of Yidindji Police, means any of the following — a) the Commissioner; b) a police officer; or c) an administrative staff member; d) “Minister” means the Minister for Police; “person with impaired capacity” means a person who has an impaired capacity to handle his own interests due to a loss of his mental functions; “Police Board” means the Board established by section 35; “police dog” means a dog that is undergoing or has successfully completed police dog training and is being used for police duties; “police dog handler” means a member of Yidindji Police whose duties include dog handling and who is qualified to handle a police dog; “Police Employment Committee” means the Committee established by section 32; 6

Yidindji Police Act 2014 “police facilities” means any of the following — a) police stations; b) custodial facilities; c) police equipment; or d) police vehicles; “police officer” means a member of Yidindji Police appointed under section 42(2)(a); “Police Special Purposes Fund” means the Fund continued in existence under section 178; “promotion standards” means the promotion standards determined by the Commissioner under section 29; “public place” means a place or any part of a place that is open to, or being used by, the public, whether or not there is a charge for admission, including a road or other thoroughfare, during the period in which it is being used as a public place; “responsible officer” has the meaning given by section 132(2); “reviewable decision” has the meaning given by section 82(1)(a); “Senior Executive Committee” means the following officers in Yidindji Police who comprise the senior management team — a) the Commissioner; b) each Deputy Commissioner; and c) each police officer appointed by the Commissioner to be part of the senior management team; “senior police officer” means — a) a police officer who holds a higher rank than sergeant; or b) a police officer in command of a police district; “serious offence” means an offence that is punishable by — a) imprisonment for a period of 3 years or more; or b) a fine of $2,000 or more; “strip search” means a search of a person, or of articles in the possession of a person, that may include — a) requiring the person to remove all of his clothes; and b) an examination of — (i) the person’s body, other than the person’s body cavities; and (ii) those clothes; “supervisor”, for a member (the subordinate officer), means —

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Yidindji Police Act 2014 a) a member who holds a supervisory position in relation to the subordinate officer; or b) a member who is lawfully acting as a supervisor of the subordinate officer; “person of interest” has the meaning given by section 147; “transfer” has the meaning given by section 48(4); “Yidindji Police Force” means the police force established by section 7; and “Yidindji Police Band” means the police band established by section 179(1).

4 Application This Act shall apply to members of Yidindji Police Force whether they are inside or outside the Kingdom.

5 Act binds the Crown This Act binds the Crown.

6 Application of Public Service Act 1) Notwithstanding anything in the Public Service Act and subject to subsection (2), the Public Service Act applies to a member of Yidindji Police to the extent that — a) this Act shall not deal with a matter that is dealt with by the Public Service Act; or b) a provision of this Act shall not apply to the member.

2) The Public Service Act shall not apply to the Commissioner.

PART 2 - ADMINISTRATION AND GOVERNANCE OF YIDINDJI POLICE DIVISION 1 - CONSTITUTION AND FUNCTIONS OF YIDINDJI POLICE 7 Establishment and constitution of Yidindji Police Force 1) A police service known as Yidindji Police Force is established by this section.

2) Yidindji Police Force consists of — a) the Commissioner; b) police officers; and c) administrative staff members.

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Yidindji Police Act 2014 8 Functions of Yidindji Police 1) Yidindji Police shall have the following functions — a) to maintain law and order; b) to preserve the peace; c) to protect life and property; d) to prevent and detect crime; e) to provide community support and reassurance; f) to uphold the laws of Yidindji; g) to undertake the service and execution of court processes; h) to carry out land and marine search and rescue operations; and i) any other function conferred by this Act or another enactment.

2) Nothing in this Act reduces the responsibility of the members of the community for — a) the preservation of peace and good order; and b) the prevention and detection of breaches of the law.

9 Guiding principles for performance of functions 1) Yidindji Police shall perform its functions in a professional manner and with integrity and respect for the law and human rights.

2) Yidindji Police shall work together with the community to the extent that is compatible with the efficient and proper performance of the functions of Yidindji Police.

3) Yidindji Police shall, if requested to do so and to the extent that is compatible with the efficient and proper performance of the functions of Yidindji Police, assist other government agencies to uphold and enforce the laws of the Kingdom.

4) In performing its functions, Yidindji Police shall, to the extent reasonably practicable and appropriate, adopt a community policing approach by responding to problems at a local clan level and using district and national support only when required.

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Yidindji Police Act 2014

DIVISION 2 - THE COMMISSIONER 10 Appointment process Having received advice from the Judicial Appointments and Discipline Panel, the Crown in Privy Council — a) shall appoint the Commissioner; b) shall determine his terms of appointment; and c) in accordance with section 13 may dismiss him.

11 Appointment of Commissioner 1) The Commissioner holds office for a period, not exceeding 3 years, specified in the instrument of appointment, but is eligible for re-appointment for one further term only.

2) The Commissioner holds office subject to — a) this Act; and b) the terms of his appointment.

3) The terms of appointment of the Commissioner are not to be reduced during the term of appointment.

4) The Commissioner shall have all the powers of a police officer.

12 Oaths A person who is appointed as Commissioner shall, before commencing to perform his duties take before a Magistrate — a) the oath or affirmation of allegiance set out in Schedule I; and b) the official secrets oath set out in the Schedule to the Official Secrets Act. 13 Termination of appointment The Commissioner cannot be dismissed except for — a) physical or mental incapacity; b) neglect of duty; or c) misconduct.

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Yidindji Police Act 2014 14 Acting Commissioner 1) If there is a vacancy in the office of Commissioner or if the Commissioner is absent from duty or from the Kingdom or is, for any other reason, unable to perform the functions of the Commissioner, the Crown in Privy Council, having received advice from the Judicial Appointments and Discipline Panel, shall appoint a person to act as Commissioner as soon as practicable after the vacancy, absence or inability occurs.

2) The acting Commissioner shall have all the powers, functions, duties and responsibilities of the Commissioner.

3) The validity of anything done by a person purporting to act in accordance with this section cannot be called into question only because — a) there is a defect or irregularity in or in connection with his appointment; or b) the occasion for his so acting had not arisen or had ceased.

15 Delegation of powers, functions and duties 1) The Commissioner may delegate to a police officer any of the Commissioner’s powers, functions or duties under this Act or any other enactment, except the power under this subsection to delegate.

2) In making a delegation, the Commissioner shall have regard to — a) the power, function or duty being delegated; and b) the responsibilities of the person to whom the delegation is to be made.

3) The delegation — a) shall be in writing; b) may be made either generally or as otherwise provided by the instrument of delegation; and c) shall not prevent the performance or exercise of a power, function or duty by the Commissioner.

4) A function, power or duty that is delegated when performed or exercised by the delegate is taken, for all purposes, to have been performed or exercised by the Commissioner.

5) The delegate appointed under subsection (1) is, in the exercise of a delegated power, subject to the directions of the Commissioner.

6) The Commissioner may revoke in writing a delegation at any time.

7) The Commissioner shall take reasonable steps to ensure that a copy of each delegation is available to members of Yidindji Police.

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16 Acts of delegate A person purporting to act under a delegation under section 15 is, in the absence of proof to the contrary, presumed to be acting in accordance with the terms of the delegation.

DIVISION 3 - RESPONSIBILITIES OF MINISTER AND COMMISSIONER 17 Responsibilities of Minister The Minister shall be responsible to Cabinet for — a) the proper administration of this Act; and b) the efficient management of Yidindji Police.

18 Directions of Minister 1) The Minister may give a written direction to the Commissioner about the — a) overall administration of Yidindji Police; and b) policies and priorities of Yidindji Police for — (i) the prevention of crime; (ii) community safety and public order; and (iii)general law enforcement issues.

2) The Commissioner shall comply with a direction under subsection (1).

3) The Minister shall not give the Commissioner a direction about the matters mentioned in section 20.

4) The Minister shall not give a direction that is unlawful.

19 Commissioner’s responsibilities The Commissioner shall be responsible to the Minister for — a) ensuring that the functions and duties of Yidindji Police are carried out; b) the general conduct of Yidindji Police; c) the effective, efficient, and economical management of Yidindji Police; d) giving advice to the Minister or the Prime Minister about any matter arising under this Act; e) giving effect to any lawful directions from the Minister; and 12

Yidindji Police Act 2014 f) giving effect to an order made by the Police Board.

20 Independence of Commissioner The Commissioner shall act independently of any person, for — a) the maintenance of order in relation to any individual or group of individuals; b) the enforcement of the law in relation to any individual or group of individuals; c) the investigation of crime; and d) decisions about members of Yidindji Police.

21 Commissioner’s instructions, circulars and orders 1) The Commissioner may issue written instructions and circulars to members of Yidindji Police that the Commissioner considers necessary or convenient for the efficient and proper functioning of Yidindji Police.

2) The Commissioner may give oral orders to members of Yidindji Police if the Commissioner considers it necessary or convenient for the efficient and proper functioning of Yidindji Police.

3) An instruction, circular or order may be general or particular.

4) An instruction, circular or order is of no effect to the extent that it is inconsistent with this Act or another enactment.

5) In all proceedings — a) a document that purports to be certified by the Commissioner to be a true copy of an instruction or circular under this section is admissible as evidence of the instruction or circular; and b) an instruction, circular or order under this section is taken to be effective until the contrary is proven.

22 Communication of instructions, circulars and orders 1) The Commissioner shall take all reasonable steps to ensure that the Commissioner’s instructions, circulars and orders that are of general application are made available, or communicated, to all members of Yidindji Police.

2) An instruction, circular or order to a particular member shall be given, or communicated, to the member.

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Yidindji Police Act 2014 23 Special reports 1) The Commissioner — a) shall, subject to subsection (2), give reports and recommendations about any matter affecting the administration of Yidindji Police to the Minister or the Prime Minister, if requested to do so by the Minister or the Prime Minister; and b) may, at any time, give the Minister the reports and recommendations that the Commissioner considers necessary for the efficient and effective administration of Yidindji Police.

2) The Commissioner is not required to give a report or recommendation under subsection (1)(a) in relation to matters mentioned in section 20.

3) If the Commissioner shall not provide a report or recommendation that is requested under subsection (1)(a) because of subsection (2), the Commissioner shall provide the person requesting the report with the reasons for not providing the report or recommendation.

4) The reasons shall be provided within 30 days after receiving the request.

DIVISION 4 - COMMAND AND CONTROL OF YIDINDJI POLICE 24 Commissioner shall have overall command 1) The Commissioner shall have the command, supervision and control of Yidindji Police.

2) In addition to any other powers conferred on the Commissioner by this Act, the Commissioner shall have, subject to this Act, power to do all things 3) necessary or convenient to be done for or in connection with the performance of the Commissioner’s functions and duties under this Act. 25 Police officers to comply with instructions, circulars and orders 1) Every member of Yidindji Police shall comply with the Commissioner’s instructions, circulars and orders.

2) Every police officer shall comply with all lawful commands of a supervisor.

3) In the absence of a supervisor, the supervisor’s authority and responsibility may be exercised by — a) the police officer available who is next in rank; or 14

Yidindji Police Act 2014 b) if the next in rank is held by two or more police officers, the longest serving of those police officers.

26 Police officers to act independently 1) Subject to subsection (2), a member of Yidindji Police, when exercising any power or carrying out any function or duty, shall not act under the direction, command, or control of a person who is not authorised under this Act or any other enactment to direct, command or control the actions of the member.

2) Subsection (1) shall not apply to the Commissioner.

27 Commissioner may take charge of policing operations 1) The Commissioner may, at any time, take charge of, or appoint a police officer to take charge of, a policing operation.

2) The Commissioner may relieve a police officer in charge of a policing operation if the Commissioner considers it necessary for the effective and efficient exercise of the powers, functions or duties of Yidindji Police.

3) In this section — “policing operation” means a specific policing activity that is not of a permanent character.

PART 3 - EMPLOYMENT IN YIDINDJI POLICE DIVISION 1 - EMPLOYMENT AND PROMOTION STANDARDS AND CODE OF CONDUCT 28 Employment standards 1) The Commissioner may, in writing, determine employment standards for employment in Yidindji Police.

2) Subject to subsection (3), the Commissioner shall publish the employment standards in the manner the Commissioner considers appropriate.

3) Employment standards shall be made available to any member of the public.

29 Promotion standards 1) The Commissioner may, in writing, determine promotion standards for a member to be eligible for promotion in Yidindji Police.

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Yidindji Police Act 2014 2) Subject to subsection (3), the Commissioner shall publish the promotion standards in the manner the Commissioner considers appropriate.

3) Promotion standards shall be made available to all members of Yidindji Police.

30 Code of Conduct 1) The Commissioner shall, in writing, determine a Code of Conduct for members of Yidindji Police.

2) Every member of Yidindji Police shall conduct himself in accordance with the Code of Conduct.

3) The Code of Conduct shall be made available to all members of Yidindji Police.

31 Appointments, promotions, transfers to be merit-based All appointments, including acting appointments, promotions and transfers under this Part shall be based on merit.

DIVISION 2 - POLICE EMPLOYMENT COMMITTEE AND POLICE BOARD Subdivision 1 - Police Employment Committee 32 Establishment of Police Employment Committee 1) A Police Employment Committee is established by this section.

2) The functions of the Committee shall be to — a) appoint persons to be members of Yidindji Police; b) promote members of Yidindji Police; c) transfer members of Yidindji Police; d) determine conditions of employment of members of Yidindji Police; e) take disciplinary action against members of Yidindji Police; f) refer serious breaches of discipline to the Police Board.

33 Appointment of members of Police Employment Committee The Police Employment Committee consists of the following — a) the Commissioner; 16

Yidindji Police Act 2014 b) two police officers appointed by the Minister on the recommendation of the Senior Executive Committee.

34 Meetings of Police Employment Committee 1) The Police Employment Committee shall hold such meetings as are necessary for the efficient performance of its functions.

2) Meetings of the Committee are to be convened and conducted in accordance with the procedures prescribed by the regulations.

Subdivision 2 - Police Board 35 Establishment of Police Board 1) A Police Board is established by this section.

2) The functions of the Police Board shall be to — a) consider serious breaches of discipline referred to the Board by the Police Employment Committee under section 63; b) make orders about the action that should be taken in response to a serious breach of discipline referred to the Board under section 63; and c) terminate the appointment of members of Yidindji Police under section 74.

36 Constitution of Police Board 1) The Police Board consists of the following members — a) a Chairman to be nominated and appointed by the Chief Justice of Yidindji; b) a law practitioner, of Senior Counsel status, to be nominated and appointed by the Yidindji Law Society; and c) a Privy Councillor nominated and appointed by the King in Privy Council.

2) A member of the Board mentioned in subsection (1)(c) holds office for a period of 12 months commencing on the date of appointment, but is eligible for reappointment.

3) A member of the Board shall be paid such allowances in accordance with Government policy.

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Yidindji Police Act 2014 37 Meetings of Police Board The Police Board shall hold such meetings as are necessary for the efficient performance of its functions.

38 Procedures at Police Board meetings 1) The Board shall determine the procedures to be used in its meetings.

2) Subject to section 36(2), the Chairman of the Public Service Commission shall preside at all meetings of the Board.

3) At a meeting of the Board, a question is decided by a majority of votes of the Board members.

4) The Board shall keep a record of its meetings.

39 Commissioner may provide advice to Police Board The Commissioner may, if requested to do so by the Police Board, provide advice to the Board in relation to a matter that is relevant to the Board’s functions.

40 Yidindji Police to provide secretariat service to Police Board The Yidindji Police shall provide the secretariat services to the Police Board to enable the Board to carry out its functions in an efficient and effective manner.

DIVISION 3 - APPOINTMENTS, PROMOTIONS, TRANSFERS AND RELOCATIONS OF MEMBERS 41 Application of Division This Division shall not apply to the Commissioner.

42 Police Employment Committee may appoint persons 1) The Police Employment Committee may, in accordance with this Division, appoint persons as members of Yidindji Police.

2) A person may be appointed as — a) a police officer; or b) an administrative staff member.

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43 Appointment of members and conditions of appointment 1) The Police Employment Committee may appoint a member — a) on an ongoing basis; or b) for a period specified in the instrument of appointment.

2) The conditions of appointment are as the Committee determines in writing.

3) A member may be paid a salary increment — a) only after 12 months service for each increment; and b) only after a satisfactory performance appraisal from his supervisor for that 12 months service.

44 Appointees to be on probation 1) The appointment of a person as a member of Yidindji Police is subject to 2 years probation.

2) The Police Employment Committee may terminate the person’s appointment if the Committee is satisfied that, at any time during the probation period — a) the person has not performed his duties in a satisfactory manner; b) the person is not a fit and proper person to be a member of Yidindji Police; c) the person has failed in his duties as a member of Yidindji Police; d) the person has committed a breach of discipline; or e) it is appropriate for any other reason to terminate the appointment.

3) Subject to subsection (4) and unless the person’s appointment is terminated sooner under subsection (2), the Committee shall, at the end of the probation period — a) confirm the person’s appointment by written notice to the person; or b) terminate the person’s appointment.

4) If, at the end of the person’s probation period, the person is subject to any disciplinary or criminal proceedings, the Committee may defer making a decision under subsection (3) until the completion of those proceedings and any reviews or appeals in relation to those proceedings.

45 Notification of decisions 1) If the Police Employment Committee terminates a person’s employment under section 44, the Committee shall notify the person, in writing, of the Committee’s decisions within 7 days after making the decision.

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Yidindji Police Act 2014 2) The notice shall include — a) the Committee’s reasons for making the decision; and b) a statement that the person may request the Police Board to review the decision under Division 7.

46 Police Employment Committee may appoint temporary employees 1) Notwithstanding section 42(2), the Police Employment Committee may employ a person in Yidindji Police on an acting, temporary or casual basis or for any period that the Committee considers appropriate if the Committee considers it necessary for the proper performance of the functions of Yidindji Police.

2) The Committee may terminate the employment of a person employed under subsection (1) at any time and for any reason.

3) The conditions of employment of a person employed under subsection (1) are as the Committee determines in writing.

4) The Committee shall not employ a person under this section for a continuous period of, or for periods totalling, more than 12 months.

5) A person who has been employed under this section shall not be employed for a continuous period of, or for periods totalling, 12 months.

47 Police Employment Committee may promote persons The Police Employment Committee may, in accordance with this Division, promote a person to a higher level position within Yidindji Police whenever a permanent vacancy occurs in the position.

48 Police Employment Committee may transfer members 1) Subject to subsections (2) and (3), the Police Employment Committee may transfer a member of Yidindji Police to any position in Yidindji Police where the member’s services are required.

2) A decision to transfer a member shall be made by fair and equitable procedures that prevent unjust discrimination, whether in favour of or against a member.

3) Before making a decision under this section, the Committee shall consult with the member about the proposed transfer.

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Yidindji Police Act 2014 4) The transfer of a member means the appointment of a member to a position in which the member will hold the same rank or level of position and be entitled to at least the same level of salary.

49 Appointments, promotions and termination of employment to be notified in Gazette The Commissioner may notify any appointment, promotion or termination of employment made under this Division in the Gazette.

50 Police Employment Committee may temporarily assign, second and relocate members 1) The Police Employment Committee may, if it considers it is necessary or appropriate to do so in the interests of Yidindji Police — a) assign a member to a temporary position in Yidindji Police; b) assign a person to a position in Yidindji Police; c) second a member to a position with another employer; or d) relocate a police officer — (i) on the graduation of the officer from initial recruit training; (ii) within the district in which the officer is stationed, and at the officer’s existing level of position, to meet Yidindji Police requirements, after considering the officer’s circumstances and the merit of all officers who have indicated an interest in the position; (iii)on the return of the officer to duty from an overseas assignment, leave without pay, parental leave, or other special leave; (iv) to fill a vacancy in a temporary international assignment, after considering all officers who have indicated an interest in the position; (v) in order to rotate the officer within Yidindji; or (vi) for substantial welfare or personal reasons.

2) In exercising a power under subsection (1), the Committee shall, to the extent that it is practicable to do so in the circumstances, act in accordance with — a) the Police employment standards and promotion standards; and b) the requirements of this Division.

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Yidindji Police Act 2014 51 Acting appointments 1) At any time a member of Yidindji Police is absent from duty or is, for any reason, unable to perform his duties, or there is a vacancy in relation to a position, the Police Employment Committee may — a) appoint a member temporarily to any higher level of position; or b) authorise a member to exercise or perform all or any of the powers, functions and duties under this Act or another enactment, of any level of position higher than that member’s own level of position.

2) An appointment or authorisation under this section may be given or made before the occasion arises or while it continues.

3) No appointment or authorisation under this section, and nothing done by a member acting under the appointment or authority, may be questioned in any proceedings on the ground that — a) the occasion for the appointment or authorisation has not arisen or had ceased; or b) the member had not been appointed to any level of position to which the authority relates.

4) The Committee may, at any time, revoke any appointment made or authorisation given under this section.

52 Oaths A person who is appointed or employed as a member of Yidindji Police shall, before exercising any powers as a police officer or an authorised officer — a) take, before the Commissioner, the oath or affirmation of allegiance set out in Schedule I; and b) take, before a Magistrate, the official secrets oath set out in the Schedule to the Official Secrets Act.

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DIVISION 4 - PERFORMANCE MANAGEMENT AND BREACHES OF DISCIPLINE Subdivision 1 - Application 53 Application of Division This Division shall not apply to the Commissioner.

54 Purpose of Division 1) The purpose of this Division is to set out the procedure for dealing with complaints alleging breaches of discipline by members of Yidindji Police.

2) Subdivision 2 applies subject to any regulations under Subdivision 3.

Subdivision 2 - Breaches of discipline 55 Breaches of discipline A member of Yidindji Police commits a breach of discipline if the member — a) contravenes this Act or the regulations; b) fails to comply with the Code of Conduct; c) fails to comply with the Commissioner’s instructions, circulars or orders; or d) aids, abets, counsels or procures the commission of something mentioned in paragraph (a),(b) or (c).

56 Making a complaint 1) A complaint alleging a breach of discipline may be made by — a) a member of Yidindji Police; or b) any member of the public.

2) The complaint shall be — a) made in writing; and b) given to the Commissioner as soon as practicable after the alleged occurrence of the breach of discipline.

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Yidindji Police Act 2014 57 Commissioner shall appoint internal investigator 1) Subject to subsection (2), the Commissioner shall, within 3 days after receiving a complaint, appoint a member of Yidindji Police as an internal investigator to investigate the complaint and provide a report to the Police Employment Committee.

2) If a breach of discipline constitutes a criminal offence, the Commissioner shall delay taking action, or cease taking action, under this Subdivision until any proceedings in relation to the criminal offence have been completed.

58 Investigator to provide report 1) The internal investigator shall complete the investigation and provide a written report to the Police Employment Committee within 28 days after being appointed, or any other reasonable period determined by the Commissioner.

2) In conducting the investigation, the internal investigator shall provide procedural fairness to the member being investigated.

59 Member to be notified 1) The internal investigator shall, in writing, notify the member about the complaint.

2) The notice shall — a) be given to the member within 7 days after the internal investigator is appointed; b) set out details of the complaint; and c) allow the member at least 14 days after the date of the notice to provide a written response to the internal investigator about the complaint.

60 Matters to be considered by Police Employment Committee 1) The Police Employment Committee shall consider the internal investigator’s report as soon as practicable after receiving it.

2) Before making a decision about whether or not the member has committed a breach of discipline, the Police Employment Committee shall consider — a) the report of the internal investigator; b) any response or explanation provided by the member to a notice under section 59; and c) any other circumstances the Committee considers relevant.

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Yidindji Police Act 2014 61 Police Employment Committee may impose penalties 1) If the Police Employment Committee decides that the member has committed a breach of discipline, the Committee may do one or more of the following — a) caution or reprimand the member; b) require the member to issue an apology; c) require the member to undertake remedial training; d) transfer the member; e) require the member to take such other remedial action that the Committee consider appropriate.

2) The Committee may also determine that no action is required in relation to a complaint alleging a breach of discipline.

62 Notification of decisions 1) Subject to section 63, the Police Employment Committee shall notify the member in writing of the Committee’s decision within 7 days after making the decision.

2) The notice shall include the Committee’s reasons for making the decision.

63 Serious breaches of discipline to be referred to Police Board 1) This section applies if the Police Employment Committee concludes that — a) a member has committed a breach of discipline; b) the breach is serious; c) the penalty that should be imposed on the member for the breach is — (i) reduction in rank or salary; (ii) deferment of a salary increment; (iii)suspension from duty; or (iv) termination of appointment.

2) The Committee shall, within 7 days after reaching the conclusion, refer the breach of discipline (together with the internal investigator’s report) to the Police Board for consideration.

3) The Committee may, in the referral to the Board, include any recommendations the Committee considers appropriate about the actions that should be taken in response to the breach of discipline.

4) The Committee shall also give the member written notice that the matter has been referred to the Board.

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Yidindji Police Act 2014 5) The notice shall be given within 7 days after the matter is referred to the Board.

Subdivision 3 - Alternative procedures for minor matters 64 Regulations may prescribe alternative procedures 1) The regulations may prescribe an alternative procedure to the procedure in Subdivision 2 to enable supervisors to deal with complaints alleging minor breaches of discipline.

2) If the regulations prescribe an alternative procedure, that procedure applies to the complaint instead of the procedure in Subdivision 2.

3) The regulations may prescribe which breaches of discipline are minor breaches of discipline.

Subdivision 4 - Powers of Police Board 65 Police Board to consider serious breaches of discipline 1) The Police Board shall consider a breach of discipline referred to it under section 63 in relation to a member of Yidindji Police.

2) After considering the breach of discipline the Board shall, in writing, make an order under section 66(1) setting out the action the Board considers should be taken by or in relation to the member for the breach.

3) If the Board considers it necessary or appropriate to do so, the Board may, before it makes an order under section 66(1), request the Commissioner to undertake a further investigation of the breach of discipline.

4) The Commissioner shall — a) arrange for the further investigation to be completed within 28 days after the Board’s request; and b) provide the Board with a written report setting out the results of the further investigation.

5) The Board shall consider the results of the further investigation before making an order under section 66(1).

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Yidindji Police Act 2014 66 Police Board may order actions to be taken 1) The Police Board may order one or more of the following actions in relation to a breach of discipline referred to it under section 63 — a) no action; b) a caution or reprimand; c) action requiring the member to — (i) issue an apology; (ii) undertake remedial training; or (iii)undertake such other remedial action that the Board considers appropriate; d) the forfeiture or deferment of a salary increment for up to 1 year; e) a reduction in the member’s level of salary, within the limits of the salary fixed for the rank or position held by the member; f) a reduction in rank or level of position; g) a transfer; h) suspension from duty, with or without pay, for a period of not more than 28 days; i) termination of appointment; j) any other order that the Board considers appropriate.

2) The Board is not required to accept a recommendation from the Police Employment Committee under section 63(3) in relation to any particular course of action.

3) If the Board decides not to accept a recommendation from the Committee, the Board shall prepare a statement of reasons for the decision and give the statement to the Committee.

67 Notification of decisions 1) The Police Board shall notify the member in writing of the Board’s decision within 7 days after making the decision.

2) The notice shall include the Board’s reasons for making the decision.

68 Commissioner to give effect to orders of Police Board The Commissioner shall as soon as practicable, but no later than 28 days, after the Police Board makes an order, give effect to the Board’s order or otherwise ensure that the order is carried out.

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DIVISION 5 - RESIGNATION, RETIREMENT AND TERMINATION 69 Application of Division This Division shall not apply to the Commissioner.

70 Resignation 1) A member of Yidindji Police may resign from Yidindji Police by giving the Commissioner a signed notice of resignation.

2) The notice shall be given to the Commissioner at least 28 days before the proposed date of resignation.

3) A resignation is not effective unless it is approved in writing by the Commissioner.

4) The Commissioner shall decide whether or not to approve the resignation no later than 28 days after receiving the notice.

5) Subject to section 91, the Commissioner shall not unreasonably refuse to accept a resignation.

71 Voluntary retirement age Notwithstanding section 10(2) of the Pensions Act, the minimum voluntary retirement age for a police officer is 55 years.

72 Compulsory retirement age Notwithstanding section 10(3) of the Pensions Act, the compulsory retirement age for a police officer is 60 years.

73 Performance review on reaching voluntary retirement age 1) On reaching the voluntary retirement age, a member of Yidindji Police shall undertake a performance review to determine whether the member is able to continue to perform the duties of a member in a satisfactory manner.

2) The nature of the performance review shall be determined by the Commissioner.

3) If the member fails to undertake the performance review or fails to satisfactorily complete the performance review, his appointment as a member may be terminated by the Police Board under section 74.

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Yidindji Police Act 2014 74 Termination of appointment 1) The Police Board may order the termination of the appointment of a member of Yidindji Police — a) if the member fails to meet any health requirements prescribed in the Police employment standards determined under section 28; b) if the member fails to undertake, or fails to satisfactorily complete, a performance review under section 73; or c) because of a reduction in the establishment of Yidindji Police.

2) The Board may also order the termination of a member’s appointment if the Police Employment Committee loses confidence in the member’s suitability to be a member because of — a) the member’s competence or integrity; b) the manner in which the member has performed his duties; or c) the member’s conduct, either on duty or off duty.

75 Notice of loss of confidence If the Police Employment Committee believes on reasonable grounds that it is appropriate that the appointment of a member of Yidindji Police be terminated under section 74(2), the Committee shall — a) notify the member in writing that the Committee is considering recommending to the Police Board that the member’s appointment be terminated; b) include in the notice an explanation of why the Committee is considering making the recommendation; and c) allow the member within 28 days from the date of receiving the notice to provide a written response to the Committee setting out why the Committee should not make the recommendation.

76 Matters to be considered in relation to loss of confidence Before deciding whether or not to recommend that the appointment of a member of Yidindji Police be terminated under section 74(2) for loss of confidence, the Police Employment Committee shall take into account — a) any reports relating to the member’s competence, integrity, performance or conduct;

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Yidindji Police Act 2014 b) any response or explanation provided by the member to a notice under section 75; and c) any other circumstances the Committee considers relevant.

77 Notification of termination decision 1) The Police Board shall notify the member in writing of the Board’s decision under section 74 within 7 days after making the decision.

2) The notice shall — a) include the Board’s reasons for making the decision; and b) specify the day from which the termination takes effect.

3) The day specified shall not be more than 28 days after the date of the Board’s decision.

4) The Commissioner shall give effect to the Board’s decision.

DIVISION 6 - SUSPENSION AND PAYMENTS 78 Application of Division This Division shall not apply to the Commissioner.

79 Commissioner may suspend member 1) The Commissioner may, by notice in writing given to a member of Yidindji Police, suspend the member from duty whenever — a) action under Division 4 or 5 is commenced in relation to the member; b) a review under Division 7 is in process in relation to the member; or c) criminal proceedings have been commenced against the member.

2) The notice shall — a) set out the reasons for the suspension; and b) specify the period of suspension which shall not exceed 14 days except on special cause shown.

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Yidindji Police Act 2014 80 Pay while suspended 1) Any member who is suspended under this Act shall not be entitled to receive pay while under suspension.

2) Any pay that is withheld from a member in accordance with the order shall be repaid to the member if — a) on review, the member is exonerated of any breach of discipline; b) on review, the Police Employment Committee’s loss of confidence in the member is not substantiated; or c) the Commissioner believes it is appropriate to do so in the circumstances.

DIVISION 7 - REVIEW OF DECISIONS Subdivision 1 - Application 81 Application of Division This Division shall not apply to the Commissioner.

82 Reviewable decisions 1) Subject to subsection (2), this Division applies if — a) the Police Employment Committee makes a decision about a person’s — (i) appointment, probation, promotion or transfer under Division 3; or (ii) breach of discipline under Division 4; and b) the person is dissatisfied with the decision.

2) This Division shall not apply to a decision of the Committee to refer a serious breach of discipline to the Police Board under section 63.

Subdivision 2 - Review by Police Board 83 Review by Police Board 1) If the person is dissatisfied with a decision made under section 82(1), the person may request the Police Board to review the decision.

2) The request shall — a) be in writing; 31

Yidindji Police Act 2014 b) identify the decision to be reviewed; and c) set out the reasons for requesting the review.

3) The request shall be given to the Board no later than 28 days after the day the police officer is notified of the decision that is reviewed.

84 Police Board to review decisions 1) If the Police Board receives a request that complies with section 83, the Board shall review the decision.

2) The Board may — a) affirm the decision; b) vary the decision; or c) set aside the decision and make a decision in substitution for the decision set aside.

3) The Board shall complete the review within 28 days after receiving the request.

85 Police Board to notify decisions 1) The Police Board shall notify the person in writing of the Board’s decision under section 84 within 7 days after making the decision.

2) The notice shall include the Board’s reasons for making the decision.

3) The person may appeal the Board’s decision within 14 days after it has been notified to him, to the Supreme Court of Yidindji, but only on a ground of law or for a breach of the rules of natural justice; but otherwise a decision of the Board is final and not subject to appeal to or review by any court of law.

86 Commissioner to give effect to decisions of Police Board The Commissioner shall as soon as practicable but no later than 28 days after the Board’s decision (or the decision of the Supreme Court of Yidindji in the event the decision has been taken there on appeal), take such action as is necessary to give effect to the Board’s decision made under section 84(2).

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Yidindji Police Act 2014 DIVISION 8 - MISCELLANEOUS 87 Application of Retirement Fund Act The Retirement Fund Act applies to a member of Yidindji Police.

88 Compensation for injury or death 1) If a police officer is injured or killed in the performance of the officer’s duties, the officer, or the officer’s family, is entitled to be paid compensation under this section.

2) The amount of compensation shall be determined by the Minister, with the consent of Cabinet, after receiving a written recommendation from the Commissioner.

3) Compensation shall not be payable under this section if the police officer’s negligence, misconduct or other inappropriate action — a) caused the injury or death; or b) was a substantial contributing factor to the injury or death.

89 No strikes by members A member of Yidindji Police shall not participate in industrial action.

90 Members not to engage in political activity 1) A member of Yidindji Police shall not take part in any political organisation or electoral campaign or engage in any other activity that is likely to interfere with the impartial performance of his duties as a member.

2) Nothing in this section prevents members of Yidindji Police, with the written approval of the Commissioner, from forming, or joining, a staff association the purpose of which is to represent the collective interests of members of Yidindji Police.

91 Continuation of appointment during war or other emergency The Commissioner may, during a state of war, insurrection, hostilities or state of emergency — a) refuse to accept a police officer’s resignation; b) refuse to allow a police officer to retire; or c) if a police officer’s appointment expires during the state of war, insurrection, hostilities or state of emergency, extend the officer’s appointment for not more 33

Yidindji Police Act 2014 than 6 months after the end of the state of war, insurrection, hostilities or state of emergency.

PART 4 - POWERS OF YIDINDJI POLICE DIVISION 1 - POLICING PRINCIPLES 92 Principles to be observed in exercising powers 1) This Division establishes the principles that are to be observed by Yidindji Police in the performance of policing activities under this Act or any other enactment.

2) The principles are as follows — a) the community is the focus of Yidindji Police activities; b) Yidindji Police shall be visible to the community; c) Yidindji Police shall listen to the community and when practicable shall — (i) provide opportunities for community participation in crime prevention; (ii) jointly prioritise activities to address community concerns; and (iii)keep the community informed about policing strategies and operations; d) Yidindji Police shall identify, and respond to, problems at a local village level and obtain district and national support when required. e) Yidindji Police shall, whenever appropriate, form problem-solving partnerships with other government agencies, civil organisations and community groups.

DIVISION 2 AUTHORISED OFFICERS 93 Commissioner may appoint authorised officers 1) The Commissioner may, in writing, appoint any person to be an authorised officer to assist Yidindji Police in the performance of its functions.

2) The instrument of appointment shall specify when such person shall become an authorised officer and when he stops being an authorised officer.

3) The Commissioner shall not appoint any person under subsection (1) unless the Commissioner is satisfied that such person is — a) adequately trained to exercise the powers conferred on authorised officers and to perform the role of an authorised officer; and b) capable of exercising the powers and performing the role.

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Yidindji Police Act 2014 4) The Commissioner may at any time, in writing, terminate the authorised officer’s appointment.

94 Resignation as authorised officer A member who is appointed as an authorised officer may, at any time, by notice in writing inform the Commissioner that he is no longer able to be an authorised officer, and the Commissioner shall have the discretion to withdraw or continue the appointment.

95 Powers of authorised officers 1) The powers of an authorised officer are set out in Schedule 2.

2) The Commissioner shall specify in the written instrument which powers set out in Schedule 2 may be exercised by an authorised officer.

DIVISION 3 - GENERAL POWERS OF POLICE OFFICERS 96 Powers of police officers A police officer may exercise any power conferred on a police officer by this Act or another enactment.

97 When police officers cease to have powers A police officer ceases to have the powers of a police officer when — a) he resigns or retires; b) his appointment is terminated; c) his appointment ceases to have effect in accordance with the instrument of appointment; d) he is — (i) suspended; or (ii) on pre-retirement or sick leave.

98 Use of police dogs The Commissioner may, in writing, authorise a police officer to use a police dog to assist the police officer in any policing activity.

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Yidindji Police Act 2014 99 Forensic powers 1) The Commissioner may, in writing, authorise a police officer to conduct a forensic investigation.

2) The investigation shall be conducted in accordance with the procedures prescribed by regulations.

DIVISION 4 USE OF FORCE IN EXERCISING POWERS 100Using force against individuals 1) A police officer who is exercising or attempting to exercise a power against an individual under this Act or another enactment may use reasonable and proportionate force to exercise the power.

2) The force that a police officer may use under this section shall not include force that is likely to cause death or grievous bodily harm to a person unless it is necessary to prevent death or serious injury to the police officer or another person.

101Using force to exercise other powers This section shall not apply to the use of force against an individual.

A police officer may use reasonable and proportionate force when exercising or attempting to exercise other police powers under this Act or another enactment.

DIVISION 5 - POLICE EQUIPMENT AND DEVICES Subdivision 1 - Definitions 102Definitions In this Division — “listening device” means a device capable of being used to overhear, record, monitor or listen to a private conversation or words spoken to or by any person in private conversation; “optical surveillance device” means a device, such as a camera, capable of being used to record visually or observe an activity; 36

Yidindji Police Act 2014 “restricted equipment” means the following — a) batons; and b) handcuffs; “surveillance device” means any of the following — a) an optical surveillance device; b) a listening device; or c) any other device prescribed by the regulations for this section. “surveillance device warrant” means a warrant issued under section 111. “tactical equipment” includes the following — a) incapacitating gases; b) stun guns; or c) electrical charge devices.

Subdivision 2 - Possession and use of restricted and tactical equipment 103Commissioner may authorise possession and use of restricted and tactical equipment 1) The Commissioner may, in writing, authorise any person to have in his possession, and to use, whether in a public place or elsewhere — a) restricted equipment; or b) tactical equipment.

2) The Commissioner shall not authorise a person under subsection (1) unless the Commissioner is satisfied that it is reasonable and necessary for the person to possess and use restricted or tactical equipment.

3) An authorisation is subject to any conditions the Commissioner includes in the authorisation.

104Revocation of authorisation The Commissioner may revoke an authorisation at any time.

105Offence to possess tactical equipment 1) Any person who, without reasonable excuse — a) has tactical equipment in his possession; and 37

Yidindji Police Act 2014 b) is not authorised under section 103(1) to have the equipment in his possession, commits an offence.

2) Any person who commits an offence under subsection (1) shall be liable upon conviction to a fine not exceeding $10,000, or imprisonment for period not exceeding 3 years, or both.

106Offence to use tactical equipment 1) Any person who, without reasonable excuse — a) uses tactical equipment; and b) is not authorised under section 103(1) to use the equipment, commits an offence.

2) Any person who commits an offence under subsection (1) shall be liable upon conviction to a fine not exceeding $10,000, or imprisonment for period not exceeding 3 years, or both.

107Offence to possess restricted equipment in public place 1) Any person who, without reasonable excuse — a) is in a public place; b) has restricted equipment in his possession; and c) is not authorised under section 103(1) to have the equipment in his possession in the public place, commits an offence.

2) Any person who commits an offence under subsection (1) shall be liable upon conviction to a fine not exceeding $10,000, or imprisonment for period not exceeding 3 years, or both.

108Offence to use restricted equipment in public place 1) Any person who, without reasonable excuse — a) is in a public place; b) uses restricted equipment; and c) is not authorised under section 103(1) to use the equipment in the public place, commits an offence.

2) Any person who commits an offence under subsection (1) shall be liable upon conviction to a fine not exceeding $5,000, or imprisonment for period not exceeding 2 years, or both.

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Yidindji Police Act 2014

109Offence to contravene conditions of authorisation 1) Any person who, without reasonable excuse — a) holds an authorisation under section 103(1); b) the authorisation is subject to a condition; and c) the person contravenes the condition, commits an offence.

2) Any person who commits an offence under subsection (1) shall be liable upon conviction to a fine not exceeding $5,000, or imprisonment for period not exceeding 2 years, or both.

110Forfeiture of equipment 1) If a person is convicted of an offence against section 105, 106, 107, 108 or 109, any restricted or tactical equipment that is involved in the offence is, on conviction, forfeited to the Crown.

2) The Commissioner may deal with the forfeited equipment in accordance with section 158.

Subdivision 3 - Use of surveillance devices 111Warrant to use surveillance devices 1) The Commissioner may apply to a magistrate or a judge of the Supreme Court for a warrant to use a surveillance device to obtain evidence if the officer believes on reasonable grounds that a person has committed, is committing or is about to commit a serious offence.

2) Without limiting this section, the application may seek the use of a surveillance device in a public place or in a place described by reference to a class of place.

112Issuing warrants 1) The Magistrate or Judge of the Supreme Court may issue the warrant if satisfied that there are reasonable grounds for the belief founding the application for the warrant.

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Yidindji Police Act 2014 2) In deciding whether a warrant should be issued, the Magistrate or Judge, being mindful of the highly intrusive nature of a surveillance device warrant, shall have regard to the — a) nature and gravity of the relevant offence for which the warrant is sought; b) extent to which the privacy of any person not involved in the offence is likely to be affected; c) existence of alternative ways of obtaining the evidence or information sought to be obtained and the extent to which those ways may help or prejudice the investigation; and d) evidentiary or intelligence value of any information sought to be obtained.

Subdivision 4 - Electronic screening devices and police facilities 113Electronic screening devices 1) The Commissioner may, in writing, authorise a police officer to use an electronic screening device if the Commissioner believes it is necessary to use the device in the interests of — a) public safety; or b) national security.

2) The authorisation may be subject to any conditions the Commissioner consider appropriate.

3) The Commissioner may revoke the authorisation at any time.

114Use of police facilities Unless otherwise authorised in writing by the Commissioner, police facilities shall be used only for the purpose of carrying out the functions of Yidindji Police.

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DIVISION 6 - POWERS OF ARREST Subdivision 1 - Arrest without warrant 115Arrest without warrant 1) A police officer, without a warrant, may arrest a person whom the police officer believes, on reasonable grounds — a) is committing an offence; b) is about to commit an offence; or c) has committed an offence.

2) The police officer may, without warrant, enter any property, vessel or vehicle to make an arrest.

3) The police officer shall inform the person — a) that he is under arrest; and b) of the nature of the offence for which the person is arrested.

116Procedure after arrest 1) A person who is arrested under section 115 shall be brought before a Magistrate, or if there is no Magistrate in the district, before the officer in charge of the police station, to be charged as soon as practicable after being arrested and no later than 24 hours after being arrested.

2) A police officer may, before bringing the arrested person before a Magistrate, ask the person any questions the officer thinks are appropriate in order to determine whether or not the person should be brought before a Magistrate.

3) If the person is not brought before a magistrate or the officer in charge of the police station, and charged, in accordance with subsection (1), the person shall be released unless ordered otherwise under the Bail Act by a Magistrate, or if there is no Magistrate in the district by the officer in charge of the police station.

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Yidindji Police Act 2014 Subdivision 2 - Arrest with warrant 117Arrest with warrant 1) A police officer acting under a warrant issued under any enactment may, in accordance with the warrant, arrest the person who is named in the warrant.

2) The police officer may arrest the person even if the officer does not have the warrant in his possession at the time of the arrest.

3) The police officer shall inform the person — a) that he is under arrest; and b) of the nature of the offence for which the person is arrested.

Subdivision 3 - Identification of persons arrested and detained 118Power to take identifying particulars 1) This section applies if a person is in lawful custody for any offence, whether or not the person has been convicted of the offence.

2) A police officer may do any of the following — a) take a photograph of the person; b) take a photograph of a scar or a tattoo on the person or any other identifying feature of the person; c) measure the person’s height or weight; d) take the person’s — (i) fingerprints; (ii) palm prints; (iii)footprints; or (iv) voiceprint; or e) take a sample of the person’s handwriting.

3) The police officer may, with the approval of a senior police officer, also request a doctor or nurse to take a body sample from the person.

4) Before approving the request under subsection (3), the senior police officer shall consider the following — a) whether the person is under arrest;

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Yidindji Police Act 2014 b) whether there are reasonable grounds to believe that the person has committed an offence; c) whether taking the body sample is likely to produce evidence that may confirm or disprove that the person committed the offence; d) whether taking the body sample is otherwise justified in the circumstances.

5) Subject to subsection (6), the doctor or nurse shall not take the body sample unless the senior police officer has approved the request under subsection (3) and the following apply — a) if the person is at least 18 years old, the person consents to the taking of the body sample; or b) if the person is less than 18 years old and at least 7 years old, the person’s parent, guardian or lawyer consents to the taking of the body sample.

6) Consent is not required from a person under subsection (5)(a), or from a person’s parent, guardian or lawyer under subsection (5)(b), if — a) the person is charged with a serious offence; and b) a Magistrate, on application by the senior police officer, has issued an order requiring the person to provide the body sample.

119Material to be destroyed if person acquitted 1) If a person is found not guilty of an offence, any identifying particulars of the person shall be destroyed as soon as practicable after the finding.

2) Subsection (1) shall not apply if — a) the person has been charged with another offence and the proceedings in relation to the charge have not been finalised; b) the person has previously been found guilty of another offence, whether before or after the commencement of this section; c) the identifying particulars are required for the investigation of another offence that the person is suspected, on reasonable grounds, of having committed; or d) the person is not proceeded against for the original offence because he has been found incapable of standing trial because of mental illness.

3) If, because of subsection (2)(a), the person’s identifying particulars are not destroyed and the person is found not guilty of the other offence, or the proceedings for the other offence are discontinued, the identifying particulars shall be destroyed within a reasonable time after the finding or discontinuance.

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Yidindji Police Act 2014 4) The identifying particulars shall not be destroyed under subsection (3) if subsection (2) continues to apply to the person.

120Storage of material 1) This section applies if identifying particulars are not required to be destroyed under section 119.

2) The identifying particulars shall be kept in a storage system that — a) is approved by the Commissioner; and b) is in a secure place.

3) The identifying particulars may be accessed only by persons who are authorised in writing by the Commissioner to have access to the particulars.

4) A person who accesses identifying particulars in accordance with an authorisation under subsection (3) may access the identifying particulars only for the following purposes — a) to administer the storage system; b) to assist in matching the identifying particulars with the particulars — (i) of missing persons or deceased persons; (ii) of persons suspected of having committed an offence; (iii)of persons convicted of an offence; or (iv) obtained at a crime scene; c) purposes related to coronial inquests; d) to assist in the investigation of an offence; e) any purpose that is permitted under another enactment; or f) any purpose that is prescribed by regulations for this paragraph.

5) The Commissioner may issue an approval or an authorisation under this section.

6) The approval or authorisation may be — a) subject to any conditions the Commissioner considers appropriate; and b) revoked at any time by the Commissioner.

121Offence to use indentifying particulars improperly 1) Any person who — a) uses or accesses identifying particulars; and b) the use or access is not permitted under this Subdivision or another enactment, commits an offence.

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Yidindji Police Act 2014 2) Any person who commits an offence under subsection (1) shall be liable upon conviction to a fine not exceeding $5,000, or imprisonment for a term not exceeding 2 years, or both.

DIVISION 7 - SEARCH AND SEIZURE POWERS Subdivision 1 - Search and seizure without warrant 122Search of persons without warrant 1) This section applies if a police officer is satisfied, on reasonable grounds, that — a) a person has any of the objects mentioned in subsection (2) in his possession; and b) it would be impracticable, unreasonable or not in the interests of justice if the officer was required to apply for a warrant in order to search the person for the objects.

2) The following are the objects for the purposes of subsection (1) — a) a prohibited explosive or weapon; b) an illicit drug; c) a controlled chemical or controlled equipment; d) stolen property; e) an object that may have been used, is being used or is intended to be used in the commission of a serious offence; f) an object that may be used by the person to cause harm to himself or to another person; or g) any other object which is prohibited or restricted under any other enactment.

3) The police officer may — a) stop and detain the person; b) search the person and anything in the person’s possession for an object mentioned in subsection (2); and c) seize any object or part of an object that the police officer believes on reasonable grounds is an object mentioned in subsection (2).

4) Yidindji Police may keep any object obtained as a result of a search under this section only for as long as is reasonably necessary, but for no more than 60 days, unless a

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Yidindji Police Act 2014 Magistrate, on application by a police officer, has issued an order authorising the object to be kept for a longer period.

5) A police officer may apply to the Magistrate’s Court for an order for subsection (4).

6) Any police officer who has exercised the powers under this section shall provide a report in writing to the Commissioner within 24 hours, covering the details of the search, the objects found, any offences detected and any other relevant matter.

123Search of places, vehicles, vessels and aircraft without warrant 1) This section applies if a police officer is satisfied, on reasonable grounds, that — a) a serious offence has been committed, is being committed or is about to be committed in any place, premises, vehicle, vessel or aircraft; and b) it would be impracticable, unreasonable or not in the interests of justice if the officer was required to apply for a warrant in order to conduct a search in relation to the offence.

2) The police officer may, without warrant, do any of the following — a) enter the place or premises; b) stop and detain the vehicle, vessel or aircraft; c) board or enter the vehicle, vessel or aircraft; d) search the place, premises, vehicle, vessel or aircraft; e) seize any thing, including the vehicle, vessel or aircraft, or part of a thing, that the police officer believes on reasonable grounds — (i) to be relevant to the offence or any other offence; or (ii) needs to be seized to prevent its concealment, loss or destruction, or its use in committing or continuing to commit an offence; f) seize any thing or part of a thing that the police officer believes on reasonable grounds is — (i) a prohibited explosive or weapon; (ii) a prohibited drug or other substance; or (iii)stolen property.

3) Yidindji Police may keep any object that was seized as a result of a search under this section only for as long as is reasonably necessary, but for no more than 60 days, unless a Magistrate, on application by a police officer, has issued an order authorising the thing to be kept for a longer period.

4) A police officer may apply to the Magistrate’s Court for an order for subsection (3).

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Yidindji Police Act 2014 5) Any police officer who has exercised the powers under this section shall provide a report in writing to the Commissioner within 24 hours, covering the details of the search, the objects found, any offences detected and any other relevant matter.

Subdivision 2 - Search and seizure with warrant 124Applications for search warrants If a police officer is satisfied on reasonable grounds that an offence or a serious offence has been committed, is being committed or is likely to be committed in any house, premises, vehicle, vessel or aircraft, the police officer may apply for a search warrant to search the house, premises, vehicle, vessel or aircraft and to seize any thing set out in the warrant.

DIVISION 8 - PUBLIC ORDER POWERS 125Directing a person to move on 1) A police officer may direct a person who is in or near a public place to move on if the police officer suspects, on reasonable grounds, that — a) the behaviour or presence of the person is — (i) causing anxiety to a person in the public place; (ii) interfering with trade or business in the public place; or (iii)disrupting the peaceable and orderly conduct of any event at the public place; or b) the behaviour of the person is disorderly, indecent, offensive, or threatening to a person in the public place.

2) The police officer may give the person any other direction that is reasonable in the circumstances.

3) However, the police officer shall not give a direction that interferes with a person’s right of peaceful assembly unless it is reasonably necessary in the interests of — a) public safety; b) public order; or c) the protection of the rights and freedoms of other persons.

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Yidindji Police Act 2014 4) The police officer shall tell the person the reasons for giving a direction under this section.

5) Any person who — a) is given a direction under subsection (1) or (2); and b) does not comply with the direction, commits an offence.

6) Any person who commits an offence under subsection (5) shall be liable upon conviction to a fine not exceeding $500 or a term of imprisonment not exceeding 6 months, or both.

126Power to remove and exclude persons 1) A police officer may remove or exclude a person from any public or private premises if — a) the premises are a crime scene and it is necessary for the police officer to secure the crime scene; or b) it is necessary to do so to ensure the safety of any person.

2) In order to exercise the power under subsection (1), the police officer may do any of the following — a) enter the premises; b) use reasonable force to remove or exclude a person from the premises; c) barricade the premises or the area around the premises; d) erect barriers around the premises; e) erect signs on or near the premises; f) anything else that the police officer reasonably thinks is necessary to achieve the objectives of subsection (1)(a) or (b).

127Temporary closure, or restriction or prohibition on use of public roads and pathways 1) The Commissioner may, if he believes it is necessary to do so in the public interest — a) temporarily close any public road or public pathway; or b) restrict or prohibit the use of the road or pathway.

2) A police officer may issue a direction to a person about a public road or public pathway that has been closed or the use of which has been restricted or prohibited.

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Yidindji Police Act 2014 3) Except in cases of urgency, a police officer shall ensure that a sign indicating that the road or pathway is closed is displayed in a conspicuous place on the road or pathway.

128Application to use closed or restricted road or pathway 1) A person may apply to the Commissioner for permission to use a public road or public pathway that is closed, or the use of which is restricted or prohibited, under section 127.

2) The application may be made orally or in writing.

3) The Commissioner may — a) grant the permission; b) grant the permission subject to any conditions the Commissioner considers necessary in the public interest; or c) refuse to grant the permission.

129Offences in relation to closed or restricted roads 1) Any person who, without reasonable excuse and without the permission of the Commissioner — a) uses any public road or pathway which is closed under section 127(1)(a); or b) contravenes any prohibition or restriction under section 127(1)(b), commits an offence.

2) Any person who, without reasonable excuse, fails to comply with — a) any condition of a permit granted under section 128(3)(b); or b) any direction given under section 127(2), commits an offence.

3) Any person who commits an offence under subsection (1) and (2) shall be liable upon conviction to a fine not exceeding $250, or imprisonment for a term not exceeding 3 months, or both.

130Use of roads for assemblies and processions 1) Any person who uses a public road to conduct any assembly or procession commits an offence unless the use of the road for that purpose has been approved by the Commissioner.

2) A person may, in writing, apply to the Commissioner for an approval under subsection (1).

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Yidindji Police Act 2014 3) The application shall be in the form prescribed by the regulations.

4) The Commissioner may — a) grant the approval; b) grant the approval subject to any conditions the Commissioner considers necessary in the public interest; or c) refuse to grant the approval.

5) Any person who obstructs an assembly or procession that is approved by the Commissioner commits an offence.

6) A police officer may take such action as is reasonably necessary to prevent any obstruction of an assembly or procession that is approved by the Commissioner.

7) Any person who commits an offence under subsection (1) or (5) shall be liable upon conviction to a fine not exceeding a fine of $250, or imprisonment for a term not exceeding 3 months, or both.

DIVISION 9 - POWERS IN RELATION TO CRIME SCENES 131Access to crime scene A police officer may enter any place that the police officer reasonably suspects is a crime scene and stay on the place for the time reasonably necessary to decide whether or not to establish a crime scene at the place.

132Initial establishment of crime scene 1) A police officer may establish a crime scene at a place if the police officer — a) lawfully enters a place that may be a crime scene, or is lawfully at a place; and b) decides the place is a crime scene.

2) If another police officer assumes control of the crime scene, that police officer becomes the responsible officer.

3) The responsible officer may establish the crime scene in any way that gives anyone wanting to enter the place enough notice that the place is a crime scene.

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Yidindji Police Act 2014 133Application for search warrant As soon as reasonably practicable after the responsible officer establishes the crime scene, a police officer shall apply for a search warrant to search for, and seize, any evidence found at the crime scene.

134Deciding limits of crime scene The responsible officer at a crime scene shall — a) identify what is the crime scene; b) decide the boundaries necessary to protect the crime scene; and c) mark the limits of the crime scene in a way that sufficiently identifies it to the public as a crime scene.

135Restricting access to crime scene 1) The responsible officer at a crime scene shall, as soon as practicable, take the steps he considers to be reasonably necessary to protect anything at the crime scene from being damaged, interfered with or destroyed, including steps necessary to — a) ensure people, including police officers, whose presence at the crime scene is not essential do not enter the crime scene; b) prevent unnecessary movement inside the boundaries of the crime scene; and c) establish a safe walking area in the crime scene for reducing the risk of damage to any evidence that may be at the crime scene.

2) A person, other than the responsible officer, shall not enter the crime scene unless the — a) person has a special reason, associated with the investigation, for entering the crime scene; b) person is a police officer who is asked to enter the crime scene by the responsible officer or an investigating police officer; c) person is authorised to be there by the responsible officer; or d) presence of the person is necessary to preserve life or property at the crime scene.

136Preserving evidence at crime scene The responsible officer at a crime scene shall ensure that nothing in the crime scene is unnecessarily touched or moved — a) until all necessary forensic and technical examinations are finished; or 51

Yidindji Police Act 2014 b) unless there is a possibility that the thing could be damaged, interfered with or destroyed if it is not moved.

137Powers of direction at crime scene The responsible officer or a police officer acting under the direction of the responsible officer may, at a crime scene, do any of the following — a) direct a person to leave the crime scene or remove a vehicle, animal, object, or vessel from the crime scene; b) remove or cause to be removed from the crime scene — (i) a person who fails to comply with a direction to leave the crime scene; or (ii) a vehicle, animal, object or vessel that a person fails to remove from the crime scene; c) direct a person not to enter the crime scene; d) prevent a person from entering the crime scene; e) prevent a person from removing evidence from or otherwise interfering with the crime scene or anything in it and, for that purpose, detain and search the person; or f) direct the occupier of the place that is the crime scene or a person apparently in charge of the place to maintain a continuous supply of electricity at the place.

138Offences at crime scene 1) Any person who, at a crime scene — a) tampers with the crime scene in any way; b) tampers with any evidence, or potential evidence, at the crime scene in any way; c) hinders or obstructs a police officer from securing the crime scene; or d) refuses to comply with a direction under section 137, commits an offence.

2) Any person who commits an offence under subsection (1) shall be liable upon conviction to pay a fine not exceeding $500, or imprisonment for a period not exceeding 6 months, or both.

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DIVISION 10 - PRODUCTION OF LICENCES AND CRIMINAL RECORD CHECKS 139Power to require production of authorities 1) This section applies to a person who is required to hold or have an authority under an enactment.

2) A police officer may ask the person to produce the authority to the police officer for inspection.

3) The person shall produce the authority to the police officer for inspection when asked to do so.

4) If the person does not have the authority available for production when asked to produce it, the person shall produce it for inspection, within 7 days after the date of the request, at a police station or other place nominated by the police officer.

5) A person commits an offence if — a) the person is required to hold an authority under an enactment; b) the person is asked to produce the authority for inspection by a police officer; and c) the person does not produce the authority for inspection as required under subsection (3) or (4).

6) Any person who commits an offence under subsection (5) shall be liable upon conviction to pay a fine not exceeding $1,000, or imprisonment for a period not exceeding 18 months, or both.

7) In this section — “authority” means a licence, permit, permission, approval, authority, register or other record required under an enactment.

140Criminal record checks 1) A police officer may conduct a check of a person’s criminal record.

2) The check may be conducted only if the — a) person has requested, or consented to, the check; or b) check is conducted by a senior police officer in the course of, or for the purpose of, conducting an investigation into an offence.

3) The check shall be conducted in accordance with the procedures prescribed by regulations.

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Yidindji Police Act 2014 4) The regulations may prescribe fees to be paid to Yidindji Police for a criminal record check requested by a person.

PART 5 - SAFEGUARDS AND RESPONSIBILITIES DIVISION 1 - SAFEGUARDS IN RELATION TO POLICE IDENTITY

141Police to provide identity information if requested Subject to section 142, if a police officer is exercising a power in relation to a person, the police officer shall, if requested by the person, give the person the following information — a) evidence that the police officer is a police officer (unless the police officer is in uniform); b) the police officer’s name; and c) the reason for the exercise of the power.

142Police to provide identity information without being requested 1) When exercising a power mentioned in subsection (2), a police officer shall, without being requested to do so, give the person who is subject to the exercise of the power the following information — a) evidence that the police officer is a police officer, unless the police officer is in uniform; b) the police officer’s name; and c) the reason for the exercise of the power.

2) This section applies to the exercise of the following powers, whether or not conferred by or under this Act and whether or not exercised under a warrant a power to — a) search or arrest a person; b) board a vehicle, vessel or aircraft; c) search a vehicle, vessel or aircraft; d) enter premises (not being a public place); e) search premises (not being a public place); f) seize any property; g) stop or detain a person or a vehicle, vessel or aircraft; 54

Yidindji Police Act 2014 h) establish a crime scene at premises (not being a public place); and i) give a direction to a person.

DIVISION 2 - SAFEGUARDS ABOUT SEARCHES 143General provision about searches of persons 1) A police officer searching a person shall — a) ensure, to the extent reasonably practicable, that the way in which the person is searched causes minimal embarrassment to the person; b) take reasonable care to protect the dignity of the person; c) restrict a search of the person in public to an examination of outer clothing; and d) if a strip search is necessary, conduct the search out of public view.

2) The person conducting the search shall be — a) a police officer of the same sex as the person to be searched; or b) if there is no police officer of the same sex available to search the person, someone acting at the direction of a police officer and of the same sex as the person to be searched.

144Searches of children and person with impaired capacity A police officer shall not, whether under section 143 or otherwise, conduct a search of a child or of a person who has impaired intellectual functioning, except in the presence of — a) a parent or guardian of the child or the person; or b) if paragraph (a) is not acceptable to the child or person or it is not reasonably practicable for the parent or guardian to be present during the search, another person, other than a police officer, who is capable of representing the interests of the child or person.

145Limit on period of detention for search A police officer who detains a person, vehicle, vessel or aircraft for a search shall not detain the person, vehicle, vessel or aircraft for any longer than is reasonably necessary for the search.

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Yidindji Police Act 2014 146Dealing with persons who obstruct a search 1) If a person obstructs a police officer who is conducting a lawful search of the person, another person, premises, a vehicle, vessel or aircraft or anything in the premises or vehicle, vessel or aircraft, a police officer shall, if reasonably practicable — a) warn the person that it is an offence to obstruct a police officer in the performance of the police officer’s duties; and b) give the person a reasonable opportunity to stop obstructing the search.

2) Any person who obstructs a police officer in the circumstances mentioned in subsection (1) commits an offence.

3) Any person who commits an offence under subsection (2) shall be liable upon conviction to pay a fine not exceeding $250, or a term of imprisonment for a period not exceeding 3 months, or both.

DIVISION 3 - SAFEGUARDS ABOUT QUESTIONING 147When this Division applies This Division applies to any person who is in the company of a police officer for the purpose of being questioned about his knowledge, involvement or participation in the commission of an alleged offence.

148Cautioning a person of his right to remain silent 1) A police officer shall caution the person about his right to remain silent if — a) the police officer has sufficient evidence to charge the person at the time he commences questioning; or b) during the questioning the police officer believes on reasonable grounds that there is sufficient evidence to charge the person being questioned with any offence.

2) If questioning is suspended or delayed, the police officer shall ensure that the person is aware that he still has the right to remain silent and, again caution the person when questioning recommences.

3) This section shall not apply if another enactment requires the person to answer questions put by, or do things required by, a police officer.

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Yidindji Police Act 2014 149Right to communicate with relative, friend or law practitioner 1) Unless subsection (2) applies, before a police officer starts to question a person who has been charged with an offence, the police officer shall inform that person that he may telephone or speak to a relative, friend or law practitioner.

2) The police officer may refuse to allow a person who has been charged to speak with any of the following persons — a) a person who is also suspected of being involved in the commission of the offence; or b) a person whom the police officer reasonably believes may jeopardise the investigation of the offence if permitted to communicate with the person.

150Person’s right to remain silent not affected A police officer shall not question or continue to question a person if that person, his lawyer or someone whose presence is required during the questioning of that person indicates to the police officer that the person does not want to answer questions or any further questions.

151Questioning children 1) This section applies if a police officer wants to question a child.

2) The police officer shall not question the child unless — a) the police officer has, if practicable, allowed the child to speak to a relative, friend or law practitioner chosen by the child, in a place where the conversation will not be overheard; and b) the relative, friend or law practitioner is present while the child is being questioned.

3) The police officer shall suspend questioning under this Division and comply with this section if, during questioning, it becomes apparent that the person is a child.

152Questioning person with impaired capacity 1) This section applies if a police officer wants to question a person who appears to have an impaired capacity.

2) The police officer shall not question a person unless — a) the police officer has, if practicable, allowed the person to speak to a relative, friend or law practitioner, in a place where the conversation will not be overheard; and 57

Yidindji Police Act 2014 b) the relative, friend or law practitioner is present while the person is being questioned.

3) The police officer shall suspend questioning under this Division and comply with this section if, during questioning, it becomes apparent that the person is a person with impaired capacity.

153Questioning intoxicated persons 1) This section applies if a police officer wants to question a person who appears to be under the influence of alcohol or a drug.

2) The police officer shall delay the questioning until the police officer is reasonably satisfied that the influence of the alcohol or drug no longer affects the person’s ability to — a) understand his rights; and b) decide whether to answer questions.

3) The police officer shall suspend questioning under this Division and comply with this section if, during questioning, it becomes apparent that the person is under the influence of alcohol or a drug.

4) This section shall have effect subject to any enactment relating to alcohol breath testing.

PART 6 - DEALING WITH PROPERTY DIVISION 1 - PROPERTY IN POLICE CUSTODY 154Application of this Division Subject to sections 122 and 123, this Division applies to the following — a) an object that is lawfully in the possession of Yidindji Police because it was seized by a police officer, whether before or after the commencement of this section; and b) unclaimed property.

155Duties of police officer taking possession of seized objects 1) A police officer who seizes an object shall ensure that the seized object is given to the officer in charge of the police station where the police officer is stationed, as soon as reasonably practicable.

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Yidindji Police Act 2014 2) Until the seized object is delivered to the officer in charge, the police officer is responsible for the safekeeping of the seized object.

3) The Commissioner shall — a) ensure that reasonable inquiries and reasonable efforts are made to locate anyone lawfully claiming to be entitled to possession of a seized object; and b) facilitate the lawful disposal or return of a seized object to its owner or the person who had lawful possession of it before it came into the possession of Yidindji Police.

4) Subsection (3) shall not apply to a seized object if the Commissioner is satisfied it is inappropriate to return the seized object to its owner or the person who had possession of it before the seized object came into the possession of Yidindji Police.

156Receipt for seized objects 1) If a police officer seizes an object under an enactment or warrant, the police officer shall, as soon as is reasonably practicable after seizing the object — a) if the person from whom the seized object is present, give or cause to be given to the person a receipt for the seized object; or b) if the object is seized at occupied premises and the occupier of the premises is not present, leave a receipt for the seized object in a conspicuous place on the premises.

2) This section shall not apply if the police officer believes, on reasonable grounds, that — a) there is no one apparently in possession of the seized object; b) the seized object has been abandoned; or c) the seized object has no value other than as evidence of the commission of an offence (for example, blood, saliva, semen, hair, impressions, paint, glass, fibres, fire debris or trace evidence).

157Commissioner’s order for forfeiture of seized objects 1) The Commissioner may, in writing, order the forfeiture of a seized object to the Crown if — a) the Commissioner is satisfied that — (i) it is necessary to retain the seized object to prevent it being used in the commission of an offence; 59

Yidindji Police Act 2014 (ii) possession of the seized object is an offence because the possession is not authorised, justified or excused by law; (iii)the owner of the seized object cannot be found after reasonable inquiries; or (iv) having regard to the nature, condition and value of the seized object, it is not reasonable to make inquiries about its owner; or b) the Commissioner is unable, after making reasonable efforts, to return the seized object to its owner.

2) If the owner of the seized object is known and can be found, the Commissioner shall, at least 28 days before making an order for forfeiture, give the owner a written notice that describes the seized object and the owner’s options in relation to the object.

158Dealing with forfeited object 1) If the Commissioner orders the forfeiture of a seized object to the Crown, the seized object becomes the property of the Crown.

2) The Commissioner may deal with a forfeited object in any way that does not cause an actual, or apparent, conflict of interest for the Commissioner.

3) Without limiting subsection (2), the Commissioner may — a) donate the forfeited object to Yidindji Police or another government body; b) destroy the forfeited object; or c) sell the forfeited object.

4) If the forfeited object is sold, it shall be sold by public auction.

5) The proceeds of the auction are to be paid in the following order — a) in payment of the expenses of the sale; b) in payment of the expenses of the seizure and storage of the forfeited object, and doing anything necessary to prepare the forfeited object for sale; or c) to the Police Special Purposes Fund.

159Unclaimed property 1) A police officer shall take all unclaimed property to a police station.

2) Subject to subsections (3) and (4), if the property is not claimed within 3 months after being taken to the police station, it shall be sold by public auction or by public notice in accordance with the Commissioner’s direction.

3) Perishable property may be sold, destroyed or otherwise disposed of at any time and in any manner the Commissioner directs.

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Yidindji Police Act 2014 4) Property, whether perishable or not, that has no monetary value, or only negligible monetary value, may be destroyed.

5) The proceeds from the auction are to be paid in the following order — a) in payment of the expenses of the sale; b) in payment of the expenses of the storage of the unclaimed property, and doing anything necessary to prepare the unclaimed property for sale; or c) to the Police Special Purposes Fund.

6) In this section — “unclaimed property” means any property that comes into the possession of a police officer as a result of the property being lost or found.

160Magistrate may determine title to certain property 1) This section applies to property if — a) it is in the possession of a member of Yidindji Police; b) it is not property that is held under the warrant of a judicial officer; and c) there is doubt whether a person claiming it, or which of two or more persons claiming it, is entitled to its possession.

2) A police officer or a person claiming the property may apply to a Magistrate to determine title in the property.

3) On application under subsection (2), the Magistrate may — a) make an order for delivery of the property to any person appearing to the Magistrate to be its owner, or entitled to its possession; or b) if the owner or person entitled to possession cannot be found, make any order about its possession the Magistrate thinks fit.

4) If, after the making of an order under subsection (3) about any property, an action is commenced against a member of Yidindji Police or the Crown for the recovery of the property or its value, evidence of the order, and the delivery of the property in accordance with the order — a) may be given, and shall be received, by the Court concerned; and b) if given, is a complete defence to the action.

5) No such order or delivery affects the right of any persons entitled by law to possession of the property to recover the property.

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DIVISION 2 - DAMAGE TO PROPERTY 161Use of force, to enter places, likely to cause damage 1) This section applies if a police officer intends to enter a place to arrest or detain someone, or to search a place, or to establish a crime scene.

2) The police officer shall, if reasonably practicable, do the following things before the police officer uses force that may cause damage to the place in order to gain entry to the place — a) ask the occupier of the place to allow the police officer to enter the place; and b) give the occupier a reasonable opportunity to allow the entry.

162Police officer to give notice of damage 1) This section applies if — a) a police officer damages any object when exercising a power under this Act or another enactment; or b) someone who is assisting the police officer damages any object.

2) The police officer shall promptly give written notice to the person who appears to be the person who was in possession of the object — a) stating the nature of the damage; and b) if the police officer believes the damage was caused by a latent defect in the object or circumstances beyond the police officer’s or assistant’s control, stating the police officer’s belief.

3) If the owner is not present, the notice shall be left in a conspicuous place near the damage.

4) This section shall not apply — a) to damage that the police officer believes, on reasonable grounds, is trivial; or b) if the police officer believes, on reasonable grounds, that — (i) there is no one apparently in possession of the object; or (ii) the object has been abandoned.

163Compensation for damage 1) This section applies if a person suffers loss because his property is damaged when a police officer exercises powers under this Act or another enactment.

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Yidindji Police Act 2014 2) Compensation is payable by the Crown to the person whose property is damaged.

3) Compensation is not payable for the lawful seizure of a thing under this Act or another enactment.

4) The amount of the compensation shall be determined by a court on application by the person.

PART 7 - OFFENCES 164Members of police not to demand or accept bribes 1) A person commits an offence if the person — a) is — (i) a member of Yidindji Police; or (ii) performing a function on behalf of Yidindji Police; and b) accepts any money or other benefit as an inducement to do or refrain from doing any act in the execution of the person’s duty as a member or in the performance of the person’s function on behalf of Yidindji Police.

2) A person commits an offence if the person — a) is — (i) a member of Yidindji Police; or (ii) performing a function on behalf of Yidindji Police; and b) demands any money or other benefit as an inducement to do or refrain from doing any act in the execution of the person’s duty as a member or in the performance of the person’s function on behalf of Yidindji Police.

3) Any person who commits an offence under subsection (1) or (2) shall be liable upon conviction to pay a fine not exceeding $25,000, or imprisonment for a period not exceeding 7 years, or both.

165Bribery of members of Yidindji Police 1) A person commits an offence if the person gives, or offers to give, to any member of Yidindji Police, or to a person performing functions on behalf of Yidindji Police, any money or other benefit as an inducement to do or refrain from doing any act in the

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Yidindji Police Act 2014 execution of the police officer’s duty as a member or in the performance of the person’s function on behalf of Yidindji Police.

2) A person commits an offence if the person arranges for another person to give, or to offer to give, to any member of Yidindji Police, or to a person performing functions on behalf of Yidindji Police, any money or other benefit as an inducement to do or refrain from doing any act in the execution of the police officer’s duty as a member or in the performance of the person’s function on behalf of Yidindji Police.

3) Any person who commits an offence under subsection (1) or (2) shall be liable upon conviction to pay a fine not exceeding $25,000, or imprisonment for a period not exceeding 7 years, or both.

166Activities suggesting association with Yidindji Police 1) A person commits an offence if the person, without lawful excuse, carries on an activity, or acts, in a manner that is likely to lead a person to believe that the activity or action is endorsed or authorised by Yidindji Police.

2) Any person who commits an offence under subsection (1) shall be liable upon conviction to pay a fine not exceeding $15,000, or imprisonment for a period not exceeding 5 years, or both.

167Unlawful possession of police property 1) Any person who, without lawful excuse, has in his possession any police property, including a confidential police document, commits an offence.

2) Any person who commits an offence under subsection (1) shall be liable upon conviction to pay a fine not exceeding $10,000, or imprisonment for a period not exceeding 3 years, or both.

3) In this section — “confidential police document” means a police report, notice, circular or any other document (in whatever form) that — a) is prepared by a member of Yidindji Police; and b) contains information the disclosure of which would be likely to prejudice the maintenance of the law, including the prevention, detection and investigation of offences. “police property” means property that is owned by Yidindji Police or is lawfully in the possession of Yidindji Police.

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168Unlawful dealings with prisoners 1) A person commits an offence if the person, without the permission of a member of Yidindji Police — a) has any restricted communication with a prisoner in the custody or charge of a member of Yidindji Police; or b) delivers anything, or causes it to be delivered, to the prisoner.

2) Any person who commits an offence under subsection (1) shall be liable upon conviction to pay a fine not exceeding $5,000, or imprisonment for a period not exceeding 2 years, or both.

3) In this section — “restricted communication”, for a prisoner, means — a) any communication that may prejudice — (i) the maintenance of the law; (ii) the safe custody of the prisoner; (iii)the safety of any other person; or (iv) the security of any prison; or b) any communication that takes place after the member of Yidindji Police, in whose custody or charge the prisoner is, has forbidden that communication or directed that it cease.

169Escaping from police custody 1) A person commits an offence if — a) the person is in the lawful custody of a police officer; and b) the person escapes from the police officer’s custody.

2) Any person who commits an offence under subsection (1) shall be liable upon conviction to pay a fine not exceeding $2,000, or imprisonment for a period not exceeding 12 months, or both.

170Killing or injuring police dogs 1) Any person who, intentionally kills, maims, wounds or otherwise injures a police dog without lawful authority or reasonable excuse, commits an offence.

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Yidindji Police Act 2014 2) Any person who commits an offence under subsection (1) shall be liable upon conviction to pay a fine not exceeding $10,000, or imprisonment for a period not exceeding 3 years, or both.

PART 8 - MISCELLANEOUS 171Identity cards 1) The Commissioner shall issue an identity card to each police officer and each authorised officer.

2) The identity card shall contain — a) a recent photo of the officer; b) the officer’s name; and c) the officer’s identity number.

3) A police officer shall wear his identity card in a visible manner at all times when on duty.

4) An authorised officer shall wear his identity card in a visible manner at all times when exercising the powers of an authorised officer.

172Return of identity cards 1) A person shall return his identity card to the Commissioner if the person — a) stops being a police officer or authorised officer; b) goes on leave of any kind for longer than 12 months; c) is suspended from duty; or d) ceases to be able to exercise the powers of a police officer or authorised officer.

2) The identity card shall be returned to the Commissioner as soon as practicable after the occurrence of the relevant event mentioned in subsection (1).

173Evidentiary provisions 1) In any proceedings, the Commissioner may certify that at a specified time or during a specified period — a) a particular uniform was a police uniform; b) a particular item of uniform was an item of police uniform;

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Yidindji Police Act 2014 c) a particular crest, badge, emblem, design, logogram or other distinguishing article was a police article; d) a dog named in the certificate was a police dog; or e) a person named in the certificate was a police dog handler.

2) In any proceedings, the Commissioner’s certificate is, in the absence of proof to the contrary, sufficient evidence of the matters certified.

174Protection of police officers acting in good faith A police officer or authorised officer shall not be liable in any proceedings for damage or injury caused by the exercise of his powers, duties or responsibilities in good faith.

175Overseas operations 1) The Commissioner may authorise a police officer to engage in an overseas operation.

2) If a police officer does or omits to do an act in an overseas operation, and the act or omission would, if it occurred in the Kingdom, constitute an offence, the act or omission is taken to have taken place within the Kingdom, unless — a) the police officer is subject to the criminal jurisdiction of the place in which the act or omission took place; and b) the authorities in the place — (i) are not subject to any obligation to cede jurisdiction to the authorities of the Kingdom in respect of the act or omission; and (ii) bring criminal proceedings against the police officer in the place.

3) No information may be laid against a police officer over whom jurisdiction is claimed under subsection (2) without the consent of the Minister.

4) However — a) the police officer may be arrested without warrant within or outside Yidindji; or b) a warrant for the police officer’s arrest may be issued in the Kingdom and executed within or outside the Kingdom, and the police officer — (i) may be detained in custody within or outside the Kingdom; or (ii) if the police officer is in, or has been taken to, the Kingdom, he may be remanded in custody or on bail, even though the consent of the Minister has not been obtained.

5) No further proceedings may be taken against the police officer mentioned in subsection (4)(b) until the consent has been obtained.

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Yidindji Police Act 2014 6) If a police officer does or omits to do an act in an overseas operation, and the act or omission would, if it occurred in Yidindji, be a breach of the Code of Conduct, the police officer may be dealt with as if the act or omission had occurred in the Kingdom.

7) In this section — “overseas operation” means an operation outside Kingdom that is authorised by the Government for the purpose of — a) peacekeeping; b) the maintenance or restoration of law and order or functioning government institutions; or c) any other activity for which the Government agrees to provide assistance, whether or not in conjunction with personnel from one or more countries.

176Standing appropriation Money for salaries, allowances and other expenditure payable or incurred under or in the administration of this Act is — a) payable out of the Treasury; and b) appropriated by the Legislative Assembly accordingly.

177Independent functions not to be audited or reviewed Neither the Auditor General nor the Commissioner for Public Relations may carry out any audit or review of the performance of Yidindji Police in relation to matters mentioned in section 20 unless the audit or review is authorised by an enactment.

178Police Special Purposes Fund 1) The fund called the Police Reward Fund that was established under section 58 of the Police Act (Cap 35) continues in existence with the new name of the Police Special Purposes Fund.

2) The following money shall be paid into the Police Special Purpose Fund — a) all money received by Yidindji Police in relation to services provided by Yidindji Police or a member of Yidindji Police; b) any money approved by Cabinet for payment into the Fund; c) fees received for services provided by the Yidindji Police Band; and

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Yidindji Police Act 2014 d) money received from the sale of unclaimed goods and forfeited property, in accordance with this Act. 3) No payment may be made from the Fund except with the approval of the Commissioner.

4) The Commissioner may approve payment from the Fund for any of the following purposes — a) to assist police officers and the spouses and families of police officers who are — (i) injured in the performance of their duties; or (ii) discharged from service on medical grounds; b) to assist the spouses and families of police officers who are killed in the performance of their duties; c) as a contribution towards prizes at athletic, sporting or similar events organised by or for the benefit of Yidindji Police; d) to reward police officers for meritorious acts of service in the performance of their duties; e) to pay for recreational and sporting activities organised within Yidindji Police; f) any other purpose the Commissioner considers to be for the general welfare of police officers.

5) The Commissioner shall not make a payment for a purpose in subsection (4)(a) unless the Commissioner is satisfied that the recipient of the payment is in genuine distress.

179Yidindji Police Band 1) The Yidindji Police Band is established by this section.

2) The Yidindji Police Band is to consist of members of Yidindji Police.

3) The Yidindji Police Band may charge fees for services it provides.

180Regulations 1) The Minister, with the approval of Cabinet, may make regulations prescribing matters — a) required or permitted by this Act to be prescribed; or b) necessary or convenient to be prescribed for carrying out or giving effect to this Act. 2) Without limiting subsection (1), the regulations may make provision for any of the following — 69

Yidindji Police Act 2014 a) matters, not otherwise dealt with by this Act, relating to the appointment, engagement, employment and discipline of members of Yidindji Police; b) matters, not otherwise dealt with by this Act, relating to the way police officers are to exercise their powers or perform their functions and duties; c) penalties not exceeding a fine of $2,000, or imprisonment for 2 years, or both, for offences against the regulations; d) the fees that may be charged for services provided by Yidindji Police; e) the Yidindji Police emblem; f) the Yidindji Police flag; g) the Yidindji Police insignia; h) Yidindji Police service medals and related accessories; and i) transitional matters arising out of the abolition of the Yidindji Police Force and its replacement with Yidindji Police, or otherwise arising out of the enactment of this Act.

70

Yidindji Police Act 2014

SCHEDULE 1 POLICE OFFICER’S OATH (Sections 12 & 52)

I …………………………………………………………………solemnly swear before God that I will be truly loyal to the Crown of Yidindji and I will keep righteously and perfectly the Constitution of Yidindji and all laws and regulations which are currently or to be enforced in the future as matter of police and conduct to the Yidindji Police Force and I swear/affirm that I will not resign from Yidindji Police Force unless in accordance with governing laws and regulations thereof.

............................................... ......................................................

Witness

Police Officer

Sworn/Affirmed before me on the...........day of the month of....................................20.....

......................................................

Magistrate/Police Commissioner

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Yidindji Police Act 2014

SCHEDULE 2 POWERS THAT MAY BE EXERCISED BY AUTHORISED OFFICERS (Section 95) Item

Enactment

Provision

1) Arms and Ammunition Act 2) Bailiffs Act

Section 21

3) Business Licences Act 4) Dogs Act

Sections 6, 10, 11(1), 14, 15 and 17 Section 17

Section 8(2)

5) Explosives Act

Section 4

6) Explosives Regulations

Regulation 6

7) Intoxicating Liquor Act

Sections 3, 14(1), 21, 24(2), 29(2), 29(3), 83(1), 85, 87

and 92 8) Magistrate’s Court Act

Section 17

9) Pounds and Animals Act

Sections 18 and 23(1), (2) and (3)

10) Raffles and Lotteries Act

Section 6

11) Town Regulations Act

Sections 8 and 10(1) and (2)

12) Traffic Act

Sections 3(2), 7(1) and 39(1)

13) Waste Management Act

Sections 25(1)

72

PN 90

Public Notice Yidindji Citizen Identification Card Friday, the 17th day of December, 2021.

The Sovereign Yidindji Government under the authority of the Yidindji Tribal Council of Elders make known to the whole world that the attached image is an official identification card of the Yidindji Citizen. .

The Sovereign Yidindji Government now make known to the world that: 1. The Coat of Arms of the Sovereign Yidindji Government is used to identify the authority of the Sovereign Yidindji Government.

2. The Yidindji Coat of Arms may only be used with the written consent of the Sovereign Yidindji Government.

3. The Sovereign Yidindji Government is the governing body of the Sovereign Yidindji Nation 4. The citizens of the Sovereign Yidindji Nation live pursuant to law of the Sovereign Yidindji Government.

5. The citizens of the Sovereign Yidindji Nation DO NOT live pursuant to any other law, including but not limited Commonwealth of Australia, and or State of Queensland, and or Queensland.

6. The citizens of the Sovereign Yidindji Government ARE NOT Australian citizens or Queensland citizens.

7. The citizens of the Sovereign Yidindji Nation ARE NOT constitutionally recognised within the Commonwealth of Australia Constitution Act 1901.

8. The Commonwealth of Australia Constitution Act 1901 DOES NOT vest in the Parliament of Australia any authority to make laws for the citizens of the Sovereign Yidindji Nation.

9. The Queensland Constitution Act 1867 DOES NOT vest in the Queensland Parliament, and or Queensland Government any authority to make laws for, and or on behalf of the citizens of the Sovereign Yidindji Nation.

10. The Constitution of Queensland 2001 DOES NOT vest in the Queensland Parliament, and or Queensland Government any authority to make laws for, and or on behalf of the citizens of the Sovereign Yidindji Nation.

11. The arrest, and or detention, and or interference of a citizen of the Sovereign Yidindji Nation by any Australian citizen, Queensland citizen, and or officer of the Commonwealth of Australia, and or Queensland WILL invoke the jurisdiction of the Sovereign Yidindji Nation.

12. Any Australian citizen, and or Queensland citizen, and or officer of the Commonwealth of Australia, and or Queensland invoking the jurisdiction of the Sovereign Yidindji Nation GIVES MUTUAL ASSENT, AND OR Page 1 of 2

VOLUNTARILY CONSENTS TO Laws of the Sovereign Yidindji Nation, and to be tried within the jurisdiction of Courts of the Sovereign Yidindji Nation and or Tribunals pursuant to Laws of the Sovereign Yidindji Nation.

Unlawful use, possession and or desecration of the Yidindji Coat of Arms or any part of the Yidindji Coat of Arms is prohibited and constitutes an offence pursuant to Laws of the Sovereign Yidindji Nation.

Use means but is not limited to adverse use; the use without license or permission.

Possession means but is not limited to receiving or obtaining possession of the thing, having control over the disposition of the Yidindji Coat of Arms (whether or not the Yidindji Coat of Arms is in the custody of the person), and or having joint possession of the Yidindji Coat of Arms Desecration means but is not limited to where a reasonable person would infer that the destruction or mutilation is intended publicly to express contempt or disrespect for the Yidindji Coat of Arms, the Sovereign Yidindji Government, and or the citizens of the Sovereign Yidindji Nation.

Part means but is not limited to any component of the Yidindji Coat of Arms; these are individual components, Yidindji Tribal Shield, Yidindji Tribal Sword, Yidindji Tribal Spears, Yidindji Tribal Lands Representation, rainbow serpent, cassowary, and or any combination of the aforementioned components.

Any man, woman, child, and or person in use of, and or possession of, and or desecrating Yidindji Coat of Arms and or components of the Yidindji Coat pf Arms, gives mutual assent, and or voluntarily consents to Laws of the Sovereign Yidindji Nation, and to be tried within the jurisdiction of Courts of the Sovereign Yidindji Nation and or Tribunals pursuant to Laws of the Sovereign Yidindji Nation.

Any man, woman, or child claiming to be a Citizen of the Sovereign Yidindji Nation will invoke Laws of the Sovereign Yidindji Nation, gives mutual assent, and or voluntarily consents to the Law of the Sovereign Yidindji Nation, and to be tried within the jurisdiction of Courts of the Sovereign Yidindji Nation and or Tribunals pursuant to Laws of the Sovereign Yidindji Nation.

You have been noticed.

By order: Sovereign Yidindji Government Page 2 of 2

PN55

Public Notice (D) Passport Cover Determination No. 1 of 2018 Monday the 2nd day of April 2018.

The Sovereign Yidindji Government under the authority of the Yidindji Tribal Council of Elders, make known to the whole world that the Sovereign Yidindji Government (D) Passport Cover Determination issued pursuant to the Yidindji Passport Act 2015 for the purpose of describing the specifications and designs of D type Yidindji Passport.

The Sovereign Yidindji Government now make known to the world that: 1. The Sovereign Yidindji Government has issued (D) Passport Cover Determination No. 1 of 2018.

2. (D) Passport Cover Determination No. 1 of 2018 commences on the 2nd day of April 2018.

3. D type passport cover dimensions are 88mm wide by 125mm high with a silver embossed design on an orange background.

4. (D) Passport Cover Determination No. 1 of 2018 is for the D type Yidindji Passport Cover as imaged below.

By order: Sovereign Yidindji Government

Page 1 of 1

PN 105

Public Notice Yidindji Citizen SSID Identity Application Saturday, the 2nd day of April, 2022.

The Sovereign Yidindji Government under the authority of the Yidindji Tribal Council of Elders make known to the whole world that the attached image is an official digital identification application of the Yidindji Citizen for use on electronic devices. .

The Sovereign Yidindji Government now make known to the world that: 1. The Coat of Arms of the Sovereign Yidindji Government is used to identify the authority of the Sovereign Yidindji Government.

2. The Yidindji Coat of Arms may only be used with the written consent of the Sovereign Yidindji Government.

3. The Sovereign Yidindji Government is the governing body of the Sovereign Yidindji Nation 4. The citizens of the Sovereign Yidindji Nation live pursuant to law of the Sovereign Yidindji Government.

5. The citizens of the Sovereign Yidindji Nation DO NOT live pursuant to any other law, including but not limited Commonwealth of Australia, and or State of Queensland, and or Queensland.

6. The citizens of the Sovereign Yidindji Government ARE NOT Australian citizens or Queensland citizens.

7. The citizens of the Sovereign Yidindji Nation ARE NOT constitutionally recognised within the Commonwealth of Australia Constitution Act 1901.

8. The Commonwealth of Australia Constitution Act 1901 DOES NOT vest in the Parliament of Australia any authority to make laws for the citizens of the Sovereign Yidindji Nation.

9. The Queensland Constitution Act 1867 DOES NOT vest in the Queensland Parliament, and or Queensland Government any authority to make laws for, and or on behalf of the citizens of the Sovereign Yidindji Nation.

10. The Constitution of Queensland 2001 DOES NOT vest in the Queensland Parliament, and or Queensland Government any authority to make laws for, and or on behalf of the citizens of the Sovereign Yidindji Nation.

11. The arrest, and or detention, and or interference of a citizen of the Sovereign Yidindji Nation by any Australian citizen, Queensland citizen, and or officer of the Commonwealth of Australia, and or Queensland WILL invoke the jurisdiction of the Sovereign Yidindji Nation.

12. Any Australian citizen, and or Queensland citizen, and or officer of the Commonwealth of Australia, and or Queensland invoking the jurisdiction of the Sovereign Yidindji Nation GIVES MUTUAL ASSENT, AND OR Page 1 of 3

VOLUNTARILY CONSENTS TO Laws of the Sovereign Yidindji Nation, and to be tried within the jurisdiction of Courts of the Sovereign Yidindji Nation and or Tribunals pursuant to Laws of the Sovereign Yidindji Nation.

Unlawful use, possession and or desecration of the Yidindji Coat of Arms or any part of the Yidindji Coat of Arms is prohibited and constitutes an offence pursuant to Laws of the Sovereign Yidindji Nation.

Use means but is not limited to adverse use; the use without license or permission.

Possession means but is not limited to receiving or obtaining possession of the thing, having control over the disposition of the Yidindji Coat of Arms (whether or not the Yidindji Coat of Arms is in the custody of the person), and or having joint possession of the Yidindji Coat of Arms Desecration means but is not limited to where a reasonable person would infer that the destruction or mutilation is intended publicly to express contempt or disrespect for the Yidindji Coat of Arms, the Sovereign Yidindji Government, and or the citizens of the Sovereign Yidindji Nation.

Part means but is not limited to any component of the Yidindji Coat of Arms; these are individual components, Yidindji Tribal Shield, Yidindji Tribal Sword, Yidindji Tribal Spears, Yidindji Tribal Lands Representation, rainbow serpent, cassowary, and or any combination of the aforementioned components.

Any man, woman, child, and or person in use of, and or possession of, and or desecrating Yidindji Coat of Arms and or components of the Yidindji Coat pf Arms, gives mutual assent, and or voluntarily consents to Laws of the Sovereign Yidindji Nation, and to be tried within the jurisdiction of Courts of the Sovereign Yidindji Nation and or Tribunals pursuant to Laws of the Sovereign Yidindji Nation.

Page 2 of 3

Any man, woman, or child claiming to be a Citizen of the Sovereign Yidindji Nation will invoke Laws of the Sovereign Yidindji Nation, gives mutual assent, and or voluntarily consents to the Law of the Sovereign Yidindji Nation, and to be tried within the jurisdiction of Courts of the Sovereign Yidindji Nation and or Tribunals pursuant to Laws of the Sovereign Yidindji Nation.

You have been noticed.

By order: Sovereign Yidindji Government

Page 3 of 3

8. PM Curtin 1941

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