Section 101 of the Constitution of Urabba Parks
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|Constitution of Urabba Parks|
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|Text of the Constitution|
|Commonwealth of Australia Constitution Act|
Section 101 of the Constitution of Urabba Parks establishes the Visitatorial Commission.
Compiled text (Section 101 - Visitatorial Commission)
(1) There shall be a Visitatorial Commission (the Commission), with such powers of adjudication and administration as the Parliament deems necessary for the execution and maintenance, within Urabba Parks, of the provisions of this Constitution relating to visitations, and of all laws made thereunder.
(2) It shall be lawful for the Commission to visit Urabba Parks and the Commission may, subject to limitations and conditions made by the Parliament, summon persons to the visitation for the purpose of giving evidence, provided that a visitation may only be made in relation to visitatorial matter.
(3) A law requiring the Commission to resolve in any particular matter (whether in visitation or otherwise) does not apply where the Commission does not have any members or Commissioners eligible to vote.
(4) Subject to law, the Commission may delegate its powers to:
- (a) a committee of the Commission;
- (b) a person appointed under subsection 103(1);
- (c) personnel of the Commission.
Rules of proceeding of visitation and the Visitatorial Commission
(5) A substantive motion put by poll to the Commission shall not pass unless the members of the Commission have voted by the required majority in favour for the purposes of this subsection, and for the purposes of this subsection each member shall vote according to the grade of visitational membership held by the presenter.
(6) No member of the Visitatorial Commission may vote on a question of a conclusion under subsection (1) if the occupant of the place subject to the proposed removal is:
- (a) the member or an alternate member of the member;
- (b) the appointor or nominator of the member;
- (c) the presenter of the member, or entity falling in paragraph (b);
- (d) a person presented by any entity falling in paragraphs (a) to (c) (whether alone or jointly with others) to any office of profit or responsibility under the Management;
- (e) a connected entity an entity falling in paragraphs (a) to (d).
- Note: Subsection 100(4) extends the definition of ‘connected entity’ of the holder of a visitatorial place (category V).
(7) Subject to this Division, the Parliament may provide for the conduct of the proceedings of visitations and the Visitatorial Commission.
(8) The Commission is not bound by the rules of evidence.
(9) Nothing in this section shall limit the right of any person or body to conduct or commission an inquiry into any matter.
Note: An inquiry may be conducted by other means, such as by a committee of the Parliament conducting a parliamentary inquiry or by a Enactorial Commission of Inquiry.
Law not made
|Statute or Instrument||Number and year||Assent||Commencement||Application, saving and transitional provisions|
|Urabba Parks Proprietary Limited Constitution Statute 2021||No. 1, 2021||5 Mar 2021||5 Mar 2021 (gaz 2021,p. 1)|
|Provision affected||How affected|
Relevant notes from the explanatory memorandum
255. Subsection (1), partially based on section 101 of the Australian Constitution, establishes the Visitatorial Commission.
256. Subsection (2) provides the Visitatorial Commission, may visit Urabba Parks and may, subject to limitations and conditions made by the Parliament, summon persons to the visitation for the purpose of giving evidence. A visitation may only be made for visitatorial matter. Subsection 4(1) defines ‘visitatorial matter’ as including:
- (A) an investigation into the conduct, capacity or reasonableness of grounds of removal of the occupier of a judicial place (category J) or an independent governance place (category W), or any other place for which the Visitatorial Commission is responsible for issuing an opinion before removal of the occupier of the place from office;
- (B) a matter that which a report may be made under subsection 132(1);
- (C) a matter causing or caused by those matters;
- (D) the construction of laws Chapter 9, a law made under Chapter 9 or an instrument made under those laws;
- (E) matters the Enactor declares as being visitatorial matter (to allow for ceremonial visitations).
257. Subsection (3) provides no requirement to have any resolution passed by the Commission if there are no Commissioners eligible to vote on the matter. This is to ensure that powers dependent on a resolution of the Commission are not limited when there are no Commissioners eligible to vote on the resolution.
258. There are also some provisions relating to the conduct of meetings of the Commission. In particular, subsection (5) provides that in the case of a poll at any meeting of the Commission each Commissioner votes according to the grade of visitational membership held by their presenter. Under subsection (6), a Commissioner may not vote on whether the removal of themselves or a connected entity are reasonable.
259. There are also some incidental provisions in relation to the Visitatorial Commission. Subsection (7) provides that subject to this Division, the Parliament may provide for the rules of proceeding of visitations and the Commission. Subsection (8) provides that the Commission is not bound by the rules of evidence. Subsection (9) makes clear that nothing in this section shall limit the right of any person or body to conduct or commission an inquiry into any matter; there is also an explanatory note stating that an inquiry may be conducted by other means, such as by a committee of the Parliament conducting a parliamentary inquiry or by a Enactorial Commission of Inquiry.
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