Constitution of Urabba Parks/Provisions

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Covering clauses

1 Short title

2 Commencement

3 Act to extend to the Enactor’s successors

4 Definitions

5 Establishment of jurisdiction

6 Operation of the Constitution and laws

7 Declaration of Church

8 Transitional provisions

9 Constitution

Chapter 1—The Parliament

Part 1—General

Division 1—Preliminary

1 Legislative power 18

2 Manager-General 18

3 Salary of Manager-General 18

Division 2—Definitions

4 Definitions related to this Constitution. 19

Division 3—Sessions of the Parliament

5 Sessions of the Parliament—prorogation and dissolution. 37

6 Yearly session of Parliament 37

Part 2—The Company

Division 1—The laws of Urabba Parks

Subdivision A—Formation and entry of agreement of jurisdiction

7 Agreement of jurisdiction. 38

8 Entry survival and severance of agreement 39

Subdivision B—Implementation of jurisdiction

9 Applicability of laws. 40

10 Effect of laws. 41

Division 2—The places of Urabba Parks

11 Appointment to places. 44

12 Register of places. 45

Division 3—Proceedings of members and directors

13 Resolutions of the members of Urabba Parks. 46

14 Resolutions of the directors of Urabba Parks. 47

15 Meetings of the members and directors of Urabba Parks. 47

Division 4—The management

16 Votes of the Enactor 48

17 Provisions relating to the Enactorial Household. 48

Division 5—Parliamentary bodies

Subdivision A—The constitution of the legislature

18 Requirement as to deliberative components to be appointed directors. 50

19 Effect of vacancy of deliberative component 50

Subdivision B—Membership of parliamentary bodies

20 Parliamentary places. 51

21 Appointment of legislative directors. 61

22 Appointment of alternate legislative directors. 61

Subdivision C—Proceedings of parliamentary bodies

23 Conduct of proceedings of parliamentary bodies. 62

Part 3—The House of Ordinaries

Division 1—Appointment and term of members

24 Constitution of House of Ordinaries. 63

25 Provisions as to appointment of members. 63

26 Removal of members. 63

27 Alteration in the number of members. 64

28 Duration of House of Ordinaries. 64

29 Electoral divisions. 64

Division 2—The electorate

Subdivision A—Electors of the House of Ordinaries

30 Qualification of electors. 65

Subdivision B—Persons eligible to vote

31 Persons eligible to vote in internal proceedings. 66

Subdivision C—Writs for elections for members of the House of Ordinaries

32 Writs for general election. 69

33 Writs for vacancies. 69

Division 3—Members of Parliament

Subdivision A—Members of the House of Ordinaries

34 Qualifications for members. 70

Subdivision B—Officers of the House of Ordinaries

35 Election of Speaker 70

36 Absence of Speaker 71

Subdivision C—Vacancy of members

37 Resignation of member 71

38 Vacancy by absence. 71

Division 4—Proceedings of the House of Ordinaries

39 Quorum.. 72

40 Voting of the House of Ordinaries. 72

Part 4—Both Houses of the Parliament

Division 1—Members of the Houses

Subdivision A—Provisions relevant to duties of responsible entities

41 Duties of members. 73

42 Oath, affirmation or declaration of responsibility  73

Subdivision B—Eligibility and vacancy

43 Member of one House ineligible for other 74

44 Disqualification. 74

45 Vacancy on happening of disqualification. 76

Subdivision C—Matters related to vacancies

46 Sanction for sitting when disqualified. 77

47 Questions of vacancy. 77

Subdivision D—Supply benefits to members of Houses

48 Allowance to members. 79

Division 2—Rules and orders

49 Privileges etc. of Houses. 80

50 Rules and orders. 80

Part 5—Powers of the Parliament

Division 1—Legislative powers

Subdivision A—Legislative power generally

51 Legislative powers of the Parliament 81

52 Exclusive powers of the Parliament 81

53 Powers of the Houses in respect of legislation. 81

Subdivision B—Money Bills

54 Appropriation Bills. 82

55 Revenue and membership structure Bills. 82

56 Recommendation of money votes. 82

Subdivision C—Disagreements between the Houses

57 Disagreements over certain Bills. 82

Division 2—Assent

58 Enactorial Assent to Bills. 84

59 Disallowance by the Enactor 84

60 Signification of Enactor’s pleasure on Bills reserved. 84

Chapter 2—The Executive Government

61 Executive power 85

62 Proprietary Council 89

63 Definition of Manager-General in Council 89

64 Ministers of Corporation. 89

65 Number of Ministers. 90

66 Salaries of Ministers. 90

67 Appointment of corporate servants. 91

68 Command of Defence Services. 91

Chapter 3—The Judicature

Part 1—Judicial bodies

Division 1—The judicial system

Subdivision A—Basic features of the judicial system

69 Independence of the judicature. 92

70 Judicial and legal system places. 92

Subdivision B—Vesting of judicial power

71 Judicial power and Courts. 98

Division 2—Judicial officers

72 Judges’ appointment, tenure and remuneration. 100

Part 2—Corporate jurisdiction

Division 1—Vesting of corporate jurisdiction

73 Appellate jurisdiction of Court 103

74 Appeal to judicial bodies of entities having foundation in Urabba Parks. 104

75 Original jurisdiction of Court 104

76 Additional original jurisdiction. 105

77 Power to define jurisdiction. 105

Division 2—Exercise of corporate jurisdiction

78 Proceedings against Urabba Parks 106

79 Number of judicial officers. 106

80 Trial by jury. 106

Chapter 4—Finance and Accountability

Part 1—Finance

Division 1—Management of finances

Subdivision A—The Consolidated Revenue Fund

81 Consolidated Revenue Fund. 107

82 Expenditure charged thereon. 107

83 Money to be appropriated by law.. 107

Subdivision B—Special Funds

84 Trust Fund. 107

85 Gift Revenue Fund. 108

Division 2—Indemnity and insurance

86 Indemnity. 109

87 Insurance. 110

Division 3—Service membership

88 Service membership. 111

89 Redemption or repurchase of service membership. 111

Division 4—Benefits

Subdivision A—Benefits generally

90 Approval of benefits. 113

91 Contractual Approval Bills. 117

Subdivision B—Benefits of membership

92 Rights of members to charity distributions. 117

Subdivision C—Benefits on winding-up

93 Entitlement to charity distributions. 118

94 Distribution of surplus. 119

Part 2—Accountability and control

Division 1—Entities

Subdivision A—Borrowing

95 Borrowing from entities. 120

96 Financial assistance to entities. 121

Subdivision B—Accountability

97 Audit 121

98 Approval of annual information statements. 121

Subdivision C—Rights

99 Urabba Parks not to give preference. 122

Division 2—The independent governance service

Subdivision A—Places associated with the independent governance service

100 Provisions relating to independent governance places. 123

Subdivision B—The Visitatorial Commission

101 Visitatorial Commission. 126

102 Qualifications for appointment to visitatorial places. 127

103 Commissioners’ appointment, tenure and remuneration. 129

Part 3—Members’ funds

Division 1—Charity distributions

104 Saving of certain rates. 131

Division 2—Reduction in members’ funds

105 Selective reduction of membership. 132

Chapter 5—The Community

Part 1—Jurisdictional divisions

106 Jurisdictional divisions. 133

107 Power of divisional legislatures. 144

108 Effect of divisional laws. 144

109 Inconsistency of laws. 144

110 Provisions referring to Manager 145

Part 2—Campus government

111 Municipal places. 146

Part 3—Membership

Division 1—Conditions of membership

112 Membership of Urabba Parks. 148

113 Supplemental grants of membership. 153

114 Liabilities of members. 153

115 Urabba Parks may act as attorney or in respect of a forfeited member 154

Division 2—Membership of entities

116 Granting membership into entities. 155

117 Rights of members in jurisdictional divisions. 155

118 Recognition of laws etc. of jurisdictional divisions. 155

119 Protection of jurisdictional divisions from intrusion and violence. 155

120 Associations. 156

Chapter 6—New Jurisdictions

121 New jurisdictional divisions may be admitted or established. 160

122 Government of territories. 160

123 Alteration of limits of jurisdictional divisions. 160

124 Formation of new jurisdictional divisions. 160

Chapter 7—Miscellaneous

125 Seat of Government 161

126 Power to Mister Enactor to authorise Manager-General  to appoint deputies. 161

127 Miscellaneous places. 161

Chapter 8—Alteration of the Constitution

128 Mode of altering this Constitution. 163

129 Conduct of referendum.. 164

130 Effectiveness of provisions and alterations to this Constitution. 165

Chapter 9—Visitations

Part 1—Visitations of Urabba Parks

131 Application of this Chapter 167

132 Reporting on matters etc. 167

133 Legislative powers and responsibilities in relation to this Chapter 168

Part 2—Urabba Parks Bill of Rights

Division 1—Individual rights

134 Human rights. 170

135 Dignity of the individual 170

136 Protection of the environment 170

137 Fair comment 171

138 Equity of access, opportunity and representation. 171

Division 2—Community rights

Subdivision A—Public interest rights and responsibilities

139 Freedom of information. 173

140 Protection for whistleblowers. 173

141 Ethics and risk management 173

142 Working with other charities. 174

Subdivision B—Relationship rights and responsibilities

143 Recognition of traditional owners. 174

144 Respectful relationships. 175

145 Relationships with other entities. 175

Subdivision C—Stakeholder rights and responsibilities

146 Consideration of matters raised in consultations and petitions. 175

147 Incorporation of stakeholders. 176

148 Service delivery. 176

149 Health and safety and matters related to communication services. 176

Part 3—The future

150 Moving forward. 178

Schedule 1—Oath, affirmation and declaration

1 Oath  179

2 Affirmation. 179

3 Declaration. 179

Schedule 2—Entrenchments

Part 1—Entrenchment items

1 Table of entrenchment items. 180

2 Reading of table of entrenchment items. 188

Part 2—Entrenchable matter

Division 1—Conditions of inclusion

3 Conditions of inclusion in entrenchment items. 190

4 Incidental matter 190

Division 2—Governance structure related matters

5 Representation matter 191

6 Visitational matter 191

7 Jurisdictional division matter 192

8 Campus government matter 192

Division 3—Membership structure related matters

9 Succession and presentation matter 194

10 Preferential membership matter 194

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history