Section 10 of the Constitution of Urabba Parks

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Section 10 of the Constitution of Urabba Parks

Compiled text (Section 10 - Effect of laws)

(1)    Subject to this section, laws falling in the table in subsection (3) have effect as if the laws are expressed in this Constitution.

(2)    Laws falling in a particular item in the table in subsection (3) is of no effect to the extent such rule is inconsistent with a law falling in a previous item in the table.

Sources of law

(3)    This table sets out the particular sources of law:

Table 6: Particular sources of law
Item Source of law
1 entrenched provisions actually expressed in this Constitution, with provisions falling in an entrenchment item of no effect to the extent they are inconsistent with provisions falling in a previous item
1A law of entities with legislative rights over Urabba Parks insofar as such law applies in Urabba Parks
2 entrenched provisions (other than those actually expressed in this Constitution) that may under law be only amended by special resolution, with provisions falling in an entrenchment item of no effect to the extent they are inconsistent with provisions falling in a previous entrenchment item
3 provisions actually expressed in this Constitution other than provisions falling in a previous item
4 laws made by special resolution of the legislature
5 laws made by ordinary resolution of the legislature
6 precedent binding on the judicature of Urabba Parks
7 provisions in the Corporations Act 2001 that would apply as Replaceable Rules to a public company not registered under the Australian Charities and Not-for-profits Commission Act 2012, excepting Replaceable Rules that affect the appointment or term of a director, secretary or other officer
8 rules of law and equity not falling in an abovementioned item, including but not limited to laws effective at the establishment of jurisdiction

Provision relevant to purposes and not-for-profit nature

(4)    No law of Urabba Parks shall be of effect to the extent that the law requires or allows for the application of money or other property for purposes that not charitable purposes, or incidental or necessary to the carrying out of those purposes.

(5)    Despite any other law, Urabba Parks shall:

(a)    only have objects that are charitable purposes, or that are incidental or ancillary to, and in furtherance or in aid of to them; and
(b)    not have disqualifying purposes.
(6)    In subsection (5), charitable purpose and disqualifying purpose have the meaning given by section 11 of the Charities Act 2013.

Provision relevant to compliance with Australian law

(7)    No law of Urabba Parks shall be of effect to the extent that the law requires or allows for a person to engage in conduct, or omit to engage in conduct, if the conduct or omission may be dealt with:

(a)    as an indictable offence under an Australian law (even if the offence is a summary offence); or
(b)    by way of a civil penalty under an Australian law.

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

76. This section provides that laws made under the Constitution have effect as if expressed in the Constitution. This means that matters that are usually covered by corporate constitutions (such as conduct of member’s meetings and member’s rights) may be dealt with by way of laws made by the Parliament. 77. This section also creates a hierarchy of law and names the various sources of the law; such as:

(A) item 1 – entrenched provisions actually expressed in this Constitution, with laws ranking by entrenchment item – the table of entrenchment items is located in section 1 of Schedule II (see note 351 for more information on this table);
(B) item 1A – law of entities with legislative rights over Urabba Parks insofar as such law applies in Urabba Parks – this item provides for the effect of the law of those entities as laws of Urabba Parks;
(C) item 2 –entrenched provisions (other than those actually expressed in this Constitution) that may under law be only amended by special resolution, with provisions ranking by entrenchment items – this allows for the entrenchment of certain laws other than this Constitution, such as entrenchable matter falling in subsection 3(2) of Schedule II (see note 357);
(D) item 3 – provisions actually expressed in this Constitution other than provisions falling in a previous item – this allows for the supremacy of the Constitution over other laws (with the exception of those laws falling above);
(E) item 4 – laws made by special resolution of the legislature – this allows for the supremacy of certain laws made by special resolution and agreed to by an absolute majority of the members of the Houses of the Parliament (see note 93 for more information regarding special resolutions);
(F) item 5 – laws made by ordinary resolution of the legislature – this will represent the overwhelming majority of legislation;
(G) item 6 – precedent binding on the judicature of Urabba Parks;
(H) item 7 – provisions in the Corporations Act 2001 that would apply as Replaceable Rules to a public company not registered under the Australian Charities and Not-for-profits Commission Act 2012, excepting Replaceable Rules that affect the appointment or term of a director, secretary or other officer
(I) item 8 – rules of law and equity not falling in an abovementioned item, including but not limited to laws effective at the establishment of jurisdiction.

78. Subsection (4) also limits the effect of laws that would cause Urabba Parks to apply its money or other property to objects other than charitable purposes, or engage in activity that may be dealt with as an indictable offence or civil penalty under Australian law. Subsection (5) limits the objects of Urabba Parks to ‘charitable purposes’ and provides Urabba Parks shall not have ‘disqualifying purposes’ (terms which under subsection (5) have the meaning given by section 11 of the Charities Act 2013). Furthermore subsection (7) voids laws if the law would make a person liable for an indictable offence or civil penalty under Australian law. These provisions are relevant to ensure Urabba Parks’ adherence to ACNC Governance Standards 1 and 3.

See also

Notes

Judgments

Further reading

External links