Section 106 of the Constitution of Urabba Parks

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Section 106 of the Constitution of Urabba Parks

Compiled text (Section 106 - Jurisdictional divisions)

Saving of divisional Constitutions

(1) A jurisdictional division shall have:

(a) a defined territory; and
(b) a separate operating company, the constitution of which shall be 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 Jurisdictional division place
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

A place falling under this item:

(a) is only a place related to a jurisdictional division (category R) if the place is:
(i) established by or under the Constitution or law of the jurisdictional division; or
(ii) is that of a member of the jurisdictional division;
(b) 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
R
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 Parliamentary place of a jurisdictional division
5.d.1.0.0.1 The Manager of a jurisdictional division A
5.d.1.0.0.2 Person administrating the Government of a jurisdictional division A
5.d.1.0.0.3.0.y Person who holds a commission to administer the Government of a jurisdictional division in any particular circumstance (a dormant commission), being the occupier of an administrative place
5.d.1.0.0.3.x Deputy of the Manager of a jurisdictional division A
5.d.1.1.2.0.1 The Honorary Treasurer of a jurisdictional division, being a director appointed at the Manager’s pleasure
5.d.1.1.2.x Warden of Mister Enactor’s Treasury of a jurisdictional division, being a director appointed at the Manager’s pleasure
5.d.1.1.3.t.a The Chief Judicial Officer of a jurisdictional division or Deputy, being a member directly appointed to a judicial body of the jurisdictional division
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 occupier 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.x Representative ordinarily elected by ordinary members holding ordinary membership granted by a jurisdictional division and not allocated to an electoral division

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.

Ordinary members in the electoral division by which the place is elected
5.d.1.5.x Person officially charged with spiritual functions by a religious institution who holds or has held on its behalf visiting membership The visiting member B
5.d.1.6.0.0 Divisional council of partners
5.d.1.6.0.0.0.y President of the divisional council of partners or Deputy The relevant members for each partner B
5.d.1.6.0.0.b.y Member of the divisional council of partners, with each member voting in proportion to the grade of the member’s partnership
5.d.1.6.0.b Council for the representation of partners in a jurisdictional division The members eligible to succeed to the partnership
5.d.1.6.0.b.0.y Representative partner in a jurisdictional division The relevant members for each member of the council B
5.d.1.6.0.b.x Member of a council for the representation of partners in a jurisdictional division, not being a member of another body falling in item 1.6.0.b in the same partnership, with each member voting in proportion to the grade of the member’s partnership The members eligible to succeed to the partnership
5.d.1.6.x.y Partner or retainer in a jurisdictional division The members eligible to succeed to the partnership B
5.d.1.6.x.N Successor to a partnership in a jurisdictional division
5.d.1.7.x.y Fellow in a jurisdictional division The presenter to the place B
5.d.1.7.x.P Presenter to a fellowship in a jurisdictional division
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 Government place of a jurisdictional division

A place falling in this item is only an employee place (category E) if the place:

(a) is that of an Minister of Corporation for the jurisdictional division;
(b) is of the categories C or O; or
(c) is within an entity with succession formed under the law of the jurisdictional division.
A, C, E, G, I, O
5.d.3 Judicial or legal system place of a jurisdictional division A, E, J, K
5.d.4 Assurance or independent governance place in a jurisdictional division

A place falling under this item is only an employee place (category E) if it is also an independent governance place (category W).

E, Q, W, Z
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 by 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 by the jurisdictional division Y
5.d.8 Member of Urabba Parks holding patron membership of a class granted by a jurisdictional division Y
5.d.9 Member of Urabba Parks holding service membership of a class granted by a jurisdictional division Y
5.d.10 Member of Urabba Parks holding affiliate membership of a class granted by a jurisdictional division Y
5.d.11 Place defined by the jurisdictional division occupied by a member of the jurisdictional division 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
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

269. This section intends to set out the basic structure of a jurisdictional division of Urabba Parks.  Under subsection (1), jurisdictional division consists of a defined territory and a separate operating company, and are governed by a Constitution.  Unlike the States of the Commonwealth, jurisdictional divisions are devolved administrations, however there are provisions protecting the equality of these jurisdictions (such as subsections 99(1) and 107(2)).

270. Subsection (2) includes registration table 5, which sets out the jurisdictional division places.  The placeholder character ‘d’ is substituted for the jurisdictional division 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) Manager (item 5.d.1.0.0.1), Administrator of the Government (item 5.d.1.0.0.2), holders of dormant commissions (item 5.d.1.0.0.3.0.y) and deputies to the Manger (item 5.d.1.0.0.3.x);
(F) the Honorary Treasurer (item 5.d.1.1.2.0.1) and Wardens of Mister Enactor’s Treasury (item 5.d.1.1.2.x)
(G) the Chief Judicial Officer (item 5.d.1.1.3.t.a);
(H) officers of a parliamentary body (item 5.d.1.2.b.0.y) – places falling in this item are in category P;
(I) parliamentary memberships (item 5.d.1.b.a.y) – each parliamentary membership must be held by virtue of holding a representative place (category B);
(J) 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;
(K) 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.x) – places falling in these items are representative places;
(L) 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);
(M) the divisional council of partners (item 5.d.1.6.0.0), its president (item 5.d.1.6.0.0.0.y) (which is a representative place) and members (item 5.d.1.6.0.0.b.y), councils for the representation of partners in a jurisdictional division (item 5.d.1.6.0.b), representative partners (item 5.d.1.6.0.b.0.y) (which are representative places), members of councils (item 5.d.1.6.0.b.x), partners and retainers (item 5.d.1.6.x.y) (which are representative places), successors to partnerships (item 5.d.1.6.x.N);
(N) fellows (item 5.d.1.7.x.y) (which are representative places) and presenters of fellows (item 5.d.1.7.x.P);
(O) 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;
(P) 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);
(Q) government places (item 5.d.2.x) – in order to be an employee place (category E), a place falling in this item must be in the categories ;
(R) judicial or legal system places (item 5.d.3.x);
(S) auditors (item 5.d.4.0.x)
(T) assurance and independent governance places (item 5.d.4.x) – these places can be in categories ;
(U) 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;
(V) members holding ordinary membership granted in or attached to property in a jurisdictional division (item 5.d.6);
(W) members holding ordinary membership granted by a jurisdictional division (item 5.d.7);
(X) patron membership granted by a jurisdictional division (item 5.d.8);
(Y) service membership granted by a jurisdictional division (item 5.d.9);
(Z) affiliate membership granted by a jurisdictional division (item 5.d.10);
(AA) place defined by the jurisdictional division (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