Section 102 of the Constitution of Urabba Parks

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Section 102 of the Constitution of Urabba Parks sets out the qualifications for appointment to visitatorial places (category V).

Compiled text (Section 102 - Qualifications for appointment to visitatorial places)

(1)    Subject to this Subdivision, a person is qualified under this section to present or be appointed to a visitatorial place (category V) if the person occupies at least one place as set out in this table:

Qualifying places for appointment to visitatorial places
Item Qualification
1 Officially charged with spiritual functions by a religious institution
2 Falling in Schedule II of the Statutory Declarations Regulations 1993 of the Commonwealth
3 Appointed a member of an Order or the recipient of a Decoration or Medal listed in the Order of Wearing of Australian Honours and Awards as notified by the Governor‑General granted on the advice or approval of a Government in the Commonwealth
4 A director of an entity included in the official list of a financial market prescribed for the purposes of section 9 of the Corporations Act 2001 of the Parliament of the Commonwealth (including a financial market operated by an entity falling in Regulation 1.0.02A of the Corporations Regulations 2001 of the Commonwealth)
5 An ecclesial entity;
6 An entity registered under the Australian Charities and Not-for-profits Commission Act 2012 of the Parliament of the Commonwealth
7 A company that has the sole purpose of being a trustee for one or more charitable trusts;
8 A company of which each director falls in this table

(2)    A person is not qualified to present to or be appointed to a visitatorial place if the person:

(a)    is an individual incapable of becoming a legislative director, for any reason other than:
(i)    occupying a visitatorial place; or
(ii)    the receipt of being a connected entity of a person in receipt of supply benefits falling in paragraph (b);
(b)    in receipt of supply benefits or a connected entity of an entity in receipt of supply benefits from any entity within the foundational influence group of which Urabba Parks is Head other than benefits:
(i)    that are exempt benefits; or
(ii)    of which are approved benefits.

(3)    The Parliament may provide for qualifications for presenters and persons appointed to visitatorial places, but no such qualifications shall be applicable on current occupiers of visitatorial places or their presenters unless the occupier or presenter has consented to the operation of the law.

(4)    Until the Parliament provides for a higher grade, a visitational member holding at least one share of visitational membership may present a person for appointment as a Commissioner of the Visitatorial Commission.

(5)    No increase of any grade in qualification for a presenter of a member shall be applicable on the presenters of current members.

Enactment information

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Proposed

Commencement

Law not made

Entrenchments

Endnotes

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Legislation history
Statute or Instrument Number and year Assent Commencement Application, saving and transitional provisions
Constitution Adoption 2021 No. 1, 2021 11 Jan 2021 1 Feb 2021 (gaz 2021,p. 1)
Amendment history
Provision affected How affected

Relevant notes from the explanatory memorandum

260. Subsection (1) specifies the qualifications for appointment to visitatorial places (category V).  In order to qualify for appointment, an individual must be officially charged with spiritual functions by a religious institution, a person falling in Schedule II of the Statutory Declarations Regulations 1993, appointed a member of an Order or the recipient of a Decoration or Medal listed in the Order of Wearing of Australian Honours and Awards as notified by the Governor General granted on the advice or approval of a Government in the Commonwealth or a director of a company listed on a financial market operated by an entity falling in Regulation 1.0.02A of the Corporations Regulations 2001.  A corporate holder of a visitatorial place (such as a corporate presenter of a Commissioner of the Visitatorial Commission) must be an ecclesial entity, registered charity, corporate trustee of a charity or a listed company.

261. In addition, subsection (2) provides that the receipt of benefits other than approved benefits or exempt benefits from any entity in the foundational influence group is disqualification relating to the holding of category V places.

262. The reason for the qualifications are to ensure that Commissioners of the Visitatorial Commission and management committees of public funds are those who, by virtue of their public office or membership of a profession, has a responsibility to the Australian community.

See also

Notes

Judgments

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