Section 103 of the Constitution of Urabba Parks

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Section 103 of the Constitution of Urabba Parks provides for the appointment and terms of office of the Commissioners of the Visitatorial Commisssion.

Compiled text (Section 103 - Commissioners’ appointment, tenure and remuneration)

(1) The Manager‑General in Council may appoint by commission:

(a) Commissioners of the Visitatorial Commission on the presentation of a visitational member; and

(b) Alternate Commissioners of the Visitatorial Commission upon nomination by Commissioners of the Visitatorial Commission.

(2) A Commissioner of the Visitatorial Commission may nominate an individual as Alternate Commissioner under paragraph (1)(b), and withdraw the nomination of such a person.

Vacancy of occupiers of visitatorial places

(3) An occupier of a visitatorial place (category V) (an occupier) ceases to occupy the place in the following circumstances:

(a) the occupier:

(i) ceases to have the qualifications applicable under subsection 102(1)

(ii) is removed from office under subsection (5);

(b) in the case of a occupier appointed upon presentation – the occupier’s presentation:

(i) is withdrawn by the presenter;

(ii) ceases under subsection (4) or any deed or agreement entered into by the presenter;

(c) in the case of an occupier appointed upon nomination by another occupier, the other occupier:

(i) withdraws the nomination in writing to the appointor of the occupier; or

(ii) ceases to occupy the place by virtue of which gives the other occupier the power to nominate a person for appointment as the occupier.

(4) The presentation of an occupier shall cease if the presenter:

(a) presents to a place of an entity having foundation in Urabba Parks involved with the exercise of visitatorial or protectoral power;

(b) ceases to hold the qualifications:

(i) under subsection 102(1); or

(ii) under subsection 102(3), insofar as they are applicable to the presenter;

(c) falls in subsection 102(2);

(d) exercises or purports to exercise any rights attaching to visitational membership, except by way of a Commissioner or Alternate Commissioner;

(e) is removed under subsection (5).

(5) The Manager‑General in Council may remove the occupier of a visitatorial place on the presentation to the Manager‑General in Council of an address agreed to by a three-fifths majority of the members of each House of the Parliament in the same session praying for such removal on reasonable grounds.

(6) A resolution of a House of the Parliament or each of the Houses of the Parliament praying for the removal of an occupant of a visitatorial place is void unless the Minister has not laid or caused to be laid before each House of the Parliament a full statement of the ground or grounds by which the resolution is proposed.

Note: The Visitatorial Commission may still have to determine the grounds of removal are reasonable for the resolution to have any effect: see subsection 100(1).

(7) Except as provided by this section:

(a) no occupier of a visitatorial place can be removed from office;

(b) the presentation of a visitatorial place does not cease;

(c) no presenter of a visitatorial place may be removed.

Remuneration

(8) The occupier of a visitatorial place serves on an honorary basis unless remuneration has been fixed by the Parliament and such remuneration is an approved benefit under item 4 of the table in subsection 90(3), but no such remuneration shall be diminished during the occupant’s continuance in office.

Enactment information

Status

Proposed

Commencement

Law not made

Entrenchments

Endnotes

Please see information about the endnotes and the abbreviation key

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

263. This section provides the Manager‑General in Council may appoint of Commissioners of the Visitatorial Commission including:

(A) Commissioners appointed on the presentation of a visitational member;

(B) Alternate Commissioners, being individuals who may act on behalf of a member of the Commission.

264. The circumstances of which the office of a visitatorial place (category V) (including a Commissioner) may become vacant are limited Subsection (3) provides a visitatorial place becomes vacant when the occupant is removed under subsection (5), ceases to have the qualifications, or upon the cessation of the nomination or presentation. Subsection (4) provides for the cessation of a presentation in the case of the presenter presenting to a place of an entity having foundation in Urabba Parks involved with the exercise of visitatorial or protectoral power, ceasing to be themselves qualified to present, exercises or purports to exercise any rights attaching to visitational membership except by way of a Commissioner, or is removed under subsection (5).

265. Under subsection (5), a Commissioner is only removable upon a resolution passed by the Houses of the Parliament made on a statement made under subsection (6) by the Minister responsible for the Commission of the ground or grounds by which the resolution is proposed. Under subsection 100(1) removal would also have to be approved by any members of the Commission other than connected entities of the Commissioner under, a note to this effect is included under subsection (5) of this section.

266. Subsection (8) provides Commissioners serve on an honorary basis unless the Parliament approves remuneration (in the form of presentation fees) under item 4 of the table in subsection 90(3) (see note (D)). The intention of these provisions is to protect the independence of the Commission.

Notes

Judgments

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