Section 106 of the Constitution of Urabba Parks

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Section 106 of the Constitution of Urabba Parks provides for the saving of the constitutions of jurisdictional divisions and sets out places associated with jurisdictional divisions (category R).

Compiled text (Section 106 - Jurisdictional divisions)

Saving of divisional Constitutions

(1) The Constitution of each jurisdictional division of Urabba Parks shall, subject to this Constitution, continue as at the establishment of jurisdiction of Urabba Parks, or as at the admission or establishment of the jurisdictional division, as the case may be, until altered in accordance with the Constitution of the jurisdictional division.

Divisional places

(2) This table sets out registration items:

Registration table 5—Divisional places
Item Description of place Relevant members Category
5 The jurisdictional divisions of Urabba Parks
5.0 Statistical place associated with jurisdictional divisions, with ‘x’ being allocated in the order of number of members by residence of the jurisdictional division based on the latest statistics of Urabba Parks
5.0.1.x.y Manger of a jurisdictional division or person administering the Government of a jurisdictional division
5.0.2.x.y Head of government of a jurisdictional division or deputy
5.0.3.x.y Chief Judicial Officer of a jurisdictional division or deputy
5.d Jurisdictional division of Urabba Parks R*

A place only falls in an asterisked category if the place

(a) established by or under the Constitution or law of the jurisdictional division; or
(b) is that of a member of the jurisdictional division
5.d.0.0.0.y Commissary for a jurisdictional division or Deputy, being a Commissioner of the Visitatorial Commission of Urabba Parks
5.d.1 The legislature of a jurisdictional division
5.d.1.1.1 Place associated with the administration of the Government of a jurisdictional division or appointed by the Manager on the advice of the Executive Council
5.d.1.1.1.1 The Manager of a jurisdictional division A
5.d.1.1.1.2 Person administrating the Government of a jurisdictional division A
5.d.1.1.1.3.0.y Person who holds a commission to administer the Government of a jurisdictional division in any particular circumstance (a dormant commission), being the occupant of an administrative place
5.d.1.1.1.3.x Deputy of the Manager of a jurisdictional division A
5.d.1.2.b.0.y Officer of a parliamentary body being:
(a) an officer of a parliamentary body, being appointed by and from the members of the body; or
(b) a person who is taken to hold an office falling in paragraph (a), despite resignation from the office or having ceased to be a member of the body, where the body has not since met or a new occupant of the place has not otherwise been appointed
P
5.d.1.2.b.a.y Member or alternate member of a parliamentary body of a jurisdictional division (the legislature), who in the case of a deliberative component of the legislature occupies a representative place (category B) falling in this table The relevant member for the place falling in category B
5.d.1.3 The parliamentary service of a jurisdictional division
5.d.1.3.0.y Clerk of the legislature of a jurisdictional division or deputy
5.d.1.3.e Department of the legislature of a jurisdictional division
5.d.1.3.e.v.0.y Team leader of a department of the legislature of a jurisdictional division, holding a place falling in item 5.d.1.3.e.v.g.x in respect of the team
5.d.1.3.e.1.0.y Head of a department of the legislature of a jurisdictional division or deputy, holding a place falling in item 5.d.1.3.e.v.0.y in respect of the team
5.d.1.3.e.v.g.x Personnel of a Department of the Parliament E, P
5.d.1.4.0.1 Representative ordinarily elected by ordinary members holding ordinary membership granted by a jurisdictional division and not allocated to an electoral division Ordinary members granted by the jurisdictional division
5.d.1.4.k.x Representative ordinarily elected by ordinary members holding ordinary membership granted by a jurisdictional division and not allocated to an electoral division Ordinary members in the electoral division by which the place is elected B*

This place is only a representative place for the purposes of membership of a House of the Parliament if there are no members of the House falling in item 5.d.1.4.0.1 in respect of the jurisdictional division.

5.d.1.5.x Person officially charged with spiritual functions by a religious institution who holds or has held on its behalf visitational membership The visitational member B
5.d.1.6.w.y Holder of a succeeding title of a jurisdictional division or nominee The members eligible to succeed to the title B*, T**

A place only falls in a single-asterisked category if it also falls in a double-asterisked category

5.d.1.6.w.N Successor to a place created by the Enactor appointed upon presentation by a member falling in both item 5.d.7 of this table and item 7.8.w.0.N of the table in subsection 112(5)
5.d.1.7.w.y Holder of a presenting title of a jurisdictional division or nominee The presenter of the holder B*, T**

A place only falls in a single-asterisked category if it also falls in a double-asterisked category

5.d.1.7.w.P Presenter of a person appointed to a place created by the Enactor falling in both item 5.d.7 of this table and item 7.7.w.s.P of the table in subsection 112(5)
5.d.1.8.0.x.y Stakeholder representative ordinarily elected by:
(a) stakeholder constituencies in a jurisdictional division;
(b) the council of consultative bodies of the legislature of a jurisdictional division;
(c) a consultative body of the legislature
The members of the stakeholder constituency, and in the case of an election by Council of Consultative Bodies of the Parliament or a consultative body of the Parliament, the relevant members of each member of the body B
5.d.1.8.x Member of a stakeholder constituency in a jurisdictional division, being a separate member of a class of membership of Urabba Parks granted by the jurisdictional division, or a member by residence of the jurisdictional division or a municipal district in the jurisdictional division provided under law as being allocated or having rights to present to a stakeholder place (category Y), or a person presented by such a member, who also meets any further qualifications as provided under law
5.d.1.9.0 Council of consultative bodies of the legislature of a jurisdictional division
5.d.1.9.0.0.y President of the council of consultative bodies of the legislature of a jurisdictional division
5.d.1.9.0.b.y Member of the council of consultative bodies of the legislature of a jurisdictional division, being appointed by each consultative body The relevant members of each member of the consultative body
5.d.1.9.b Consultative body of the legislature of a jurisdictional division
5.d.1.9.b.0.y Senior member of a consultative body of the legislature of a jurisdictional division
5.d.1.9.b.x.y Member of a consultative body of the legislature of a jurisdictional division, being elected or appointed from a stakeholder constituency The members or presenters of the members of the stakeholder constituency from which the member is elected or appointed
5.d.2 The Executive Government of a jurisdictional division
C, E*, G*, I*, O

A place only falls in an asterisked category if the place is that of a Minister of Corporation for the jurisdictional division or is of the categories C or O

5.d.3 The judicature of a jurisdictional division A**, E***, J*, K*, W*

A place only falls in a single-asterisked category if the place:

(a) is a category J place appointed on the presentation of a member falling in item 5.d.9; or
(b) is a category K or W place that may only be held by a person occupying a place falling under item 4 of this table or item 3 of the table in subsection 70(5)

A place only falls in a double-asterisked category if the place also falls in category J

A place only falls in a triple-asterisked category if the place is associated with the administration of a tribunal formed in the jurisdictional division

5.d.4 The independent governance service of a jurisdictional division E**, Q*, W*, V*, Z*

A place only falls in a single-asterisked category if the place is associated with the administration of an entity of the independent governance service of the jurisdictional division

A place only falls in a double-asterisked category if the place:

(a) is appointed on the presentation of a visitatorial member falling in item 5.d.6 or member falling in item 5.d.9; or
(b) may only be held by a person occupying a place falling under item 4 of the table in section 100(4)

A place only falls in a triple-asterisked category if it is held by a person or firm engaged to provide assurance on the financial statements of Urabba Parks or a related service to the delivery of such assurance, or a principal or professional employee of the person or firm

5.d.5 Member by residence of a jurisdictional division Y
5.d.6 Member of Urabba Parks holding ordinary membership of a class granted in the jurisdictional division or attached to property in the jurisdictional division Y
5.d.7 Member of Urabba Parks holding ordinary membership of a class granted in the jurisdictional division Y
5.d.8 Member of Urabba Parks holding patron membership of a class granted in a jurisdictional division Y
5.d.9 Member of Urabba Parks holding service membership of a class granted in a jurisdictional division Y
5.d.10 Member of Urabba Parks holding affiliate membership of a class granted in a jurisdictional division Y
5.d.11 Place occupied by a member falling in item 5.d.5, 5.d.6, 5.d.7, 5.d.8, 5.d.9 or 5.d.10 in respect of the jurisdictional division, or succeeded or presented to by such a member Y

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
Urabba Parks Proprietary Limited Constitution Statute 2021 No. 1, 2021 5 Mar 2021 5 Mar 2021 (gaz 2021,p. 1)
Amendment history
Provision affected How affected

Relevant notes from the explanatory memorandum

269. This section intends to set out the basic structure of a jurisdictional division of Urabba Parks.  Under subsection (1), based on section 106 of the Australian Constitution, provides that the governing document of each jurisdictional division of Urabba Parks shall, subject to this Constitution, continue as at the establishment of jurisdiction of Urabba Parks, or as at the admission or establishment of the jurisdictional division, as the case may be, until altered in accordance with the jurisdictional division's governing document.

270. Subsection (2) includes registration table 5, which sets out places in the jurisdictional divisions of Urabba Parks (item 5) (jurisdictional division places).  The placeholder character ‘d’ is substituted for the jurisdiction number. Places listed include:

(A) statistical places associated with jurisdictional divisions (item 5.0) Managers, heads of management and Chief Judicial Officers based on numbers of members by residence (items 5.0.1.x and 5.0.2.x) – these places are used to determine the order of precedence;
(B) jurisdictional divisions and places associated with members of jurisdictional divisions (item 5.d)  – a place falling in this item is only a place related to a jurisdictional division (category R) if the place is established by or under the Constitution or law of the jurisdictional division or is that of a member of the jurisdictional division, and no place that falls in this table shall fall in a category other than category R unless the place falls in that category by or under the Constitution or law of the jurisdictional division;
(C) Commissaries (item 5.d.0.0.0.y);
(D) parliamentary place of a jurisdictional division (item 5.d.1);
(E) places associated with the administration of the Government of a jurisdictional division or appointed by the Manager on the advice of the Executive Council (item 5.d.1.1.1), including the Manager (item 5.d.1.1.1.1), Administrator of the Government (item 5.d.1.1.1.2), holders of dormant commissions (item 5.d.1.1.1.3.0.y) and deputies to the Manger (item 5.d.1.1.1.3.x);
(F) officers of a parliamentary body (item 5.d.1.2.b.0.y) – places falling in this item are in category P;
(G) parliamentary memberships (item 5.d.1.b.a.y) – each parliamentary membership must be held by virtue of holding a representative place (category B);
(H) the parliamentary service (item 5.d.1.3) including the clerk of the legislature (item 5.d.1.3.0.y), departments of the legislature (item 5.d.1.3.e.0), team leaders (item 5.d.1.3.e.v.0.y) heads of departments (item 5.d.1.3.e.1.0.y) and personnel (item 5.d.1.3.e.v.g.x) – the places of personnel are in categories E and P;
(I) representatives of ordinary members not allocated to an electoral division (item 5.d.1.4.0.1) and for those allocated to an electoral division (item 5.d.1.4.k.x) – places falling in these items are representative places;
(J) persons officially charged with spiritual functions by a religious institution who holds or has held on its behalf Visiting Membership (item 5.d.1.5.x) (which are representative places);
(K) holders of succeeding titles of a jurisdictional division and nominees (item 5.d.1.6.w.y) (which are representative and titular places), and nominators, being members falling in both item 5.d.7 of this table and item 7.8.w.0.N of the table in subsection 112(5) (item 5.d.1.6.w.N);
(L) holders of presenting titles of a jurisdictional division and nominees (item 5.d.1.7.w.y) (which are representative and titular places) and presenters, falling in both item 5.d.7 of this table and item 7.7.w.s.P of the table in subsection 112(5) (item 5.d.1.7.w.P);
(M) stakeholder representatives (item 5.d.1.8.0.x.y) (which are representative places) elected by members of stakeholder constituencies being a separate member of a class of membership of Urabba Parks granted by the jurisdictional division, or a member by residence of the jurisdictional division or a municipal district in the jurisdictional division (item 5.d.1.8.x), the council of consultative bodies or a consultative body – a member of the constituency must be from a stakeholder place of a member by residence of the jurisdictional division or a municipal area in the jurisdictional division, or hold a class of membership granted by a jurisdictional division  that is a stakeholder place (category Y) and meet any further qualifications provided under law;
(N) the council of consultative bodies of the legislature of a jurisdictional division (item 5.d.1.9.0) including its president (item 5.d.1.9.0.0.y) and members (item 5.d.1.9.0.b.y), a consultative body of the legislature of a jurisdictional division (item 5.d.1.9.b), its senior members (item 5.d.1.9.b.0.y) and members (item 5.d.1.9.b.x.y);
(O) the Executive Government of a jurisdictional division (item 5.d.2) – a place in this item falls in category E if the place a Minister of Corporation for the jurisdictional division or is of the categories C or O;
(P) the judicature of a jurisdictional division (item 5.d.3) – these places fall in category J if appointed on the presentation of a member falling in item 5.d.9, a category K place if may only be held by a person occupying a place falling under item 4 of this table or item 3 of the table in subsection 70(5), is a category A place if the place also falls in category J, and is a category E place if the place is associated with the administration of a tribunal formed in the jurisdictional division;
(Q) the independent governance service of a jurisdictional division (item 5.d.4) – these places can be in category E if associated with the administration of an entity of the independent governance service of the jurisdictional division, categories Q, W, V if is appointed on the presentation of a visitatorial member falling in item 5.d.6 or member falling in item 5.d.9 or may only be held by a person occupying a place falling under item 4 of the table in section 100(4), and falls in category E if it is held by a person or firm engaged to provide assurance on the financial statements of Urabba Parks or a related service to the delivery of such assurance, or a principal or professional employee of the person or firm;
(R) members by residence (item 5.d.5) – a member is a member by residence of a jurisdictional division if the member lives or has their registered address in the territory of the jurisdictional division;
(S) members holding ordinary membership granted in or attached to property in a jurisdictional division (item 5.d.6);
(T) members holding ordinary membership granted in a jurisdictional division (item 5.d.7);
(U) patron membership granted in a jurisdictional division (item 5.d.8);
(V) service membership granted in a jurisdictional division (item 5.d.9);
(W) affiliate membership granted in a jurisdictional division (item 5.d.10);
(X) places occupied by a member falling in item 5.d.5, 5.d.6, 5.d.7, 5.d.8, 5.d.9 or 5.d.10 in respect of the jurisdictional division, or succeeded or presented to by such a member (item 5.d.11) – this allows for jurisdictional divisions to create stakeholder places occupied by a member of the jurisdictional division.

See also

Notes

Judgments

Further reading

External links